Question:
Jim,my question is regarding my 92 year old uncle Vietnam Vet ( Boots On the ground) rated 90%.He received a letter from the VA stating there has been a CUE on his rating from 2014 and proposing to lower it at 80%.The error is assigning separate evaluations for diabetic nephropathy and essential hypertension .A combined 30 % evaluation is proposed.The rating decision said that incorrect minds can only conclude that the previous decision was fataly flawed at the time it was made .There a clear and unmistakable error must be based on the record and the law that existed at the time of the prior decision.Jim, It was their rating decision and not my fault. How should I refute the VA?
Jim's Reply:
Your uncle will need to talk with a veterans law attorney. Have a look here and speak to any one of these lawyers for free.