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Thinking about attempting a 2nd cue with the VA. The VA denied me for lack of clinical diagnosis, but they had a copy of a DBQ with my doctor providing it. I attached a copy of the decision and the dbq. let me know what you all think. I hope Berta will be willing the chime in on this.
Here is the statement I am considering submitting.
“After a review of the decision I received dated 05/13/2019, it appears that the Department of Veterans’ Affairs committed a clear and unmistakable error Under the auspices of 38 USC 5109A in the processing of this decision. The Department of Veterans’ Affairs failed to comply with Title 38 CFR §4.6 (Evaluation of Evidence). The VA denied service connection to the claimed conditions due to a lack of clinical diagnosis. However, the VA identified a Disability Questionnaire (VA form 21-0960M-3) on the list of evidence in the decision. In the aforementioned Disability questionnaire a licensed physician provided the diagnosis of all the claimed conditions as and further identified the diagnosis by ICD code. This error effected the rating decision for all associated conditions, resulting in denials that should have been granted
CUE is a very specific and rare kind of error. It is the kind of error, of fact or of law, that when called to the attention of later reviewers compels the conclusion, to which reasonable mind could not differ, that the result would have been manifestly different but for the error. Fugo v. Brown, 6 Vet. pp. 40, 43 (1993).”
Derm DQB 2_Redacted.pdf
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Thinking about attempting a 2nd cue with the VA. The VA denied me for lack of clinical diagnosis, but they had a copy of a DBQ with my doctor providing it. I attached a copy of the decision and the dbq. let me know what you all think.