ozboi Posted November 18, 2016 Share Posted November 18, 2016 So I was given a 0% SC rating for IBS (which is BS BTW, the examiner botched the C&P). How do I go about submitting new evidence to increase my disability rating, while retaining the original claim date? Thank you! Link to comment Share on other sites More sharing options...
0 Berta Posted November 18, 2016 Share Posted November 18, 2016 If you are still with the SOC response time frame--60 days??? I am not sure... You can obtain an IMO/IME from an independent doctor, ..they will need a copy of the C & P exam and the whole IMO criteria is here under Read first before getting an IMO/IME and if the IM opinion supports a higher rating than "0",- ask for a reconsideration And direct that request to the Initials on the right hand side of the decision in the alphanumeric code after the Re: part, referring them to the IMO/IME. You might not have enough time to do that,so maybe best to attach the IMO/IME to the NOD referring to it in the NOD. They might not act on the Reconsideration request at all...as the NOD clock ticks away so mark your calendar to make sure you do get the NOD filed within one year after the decision. The IMO/IME doctor will need a copy of the rating schedule for IBS,have experience with this type of disability, and all of your medical records, as well as a copy of the decision. If they ignored very probative evidence, (like if you already had a solid IMO and they ignored it, you could raise that as well....even ask them to CUE the decision. Or you can go over your medical record carefully and point out to them exactly why the C & P is wrong,referring to entries in your medical records, or even changes to the meds for this condition, that would warrant a higher rating...The Zero is SC and not NSC so that is half the battle. The decisions at the BVA web site could offer you more help possibly....as there are many IBS claims there. Scotter04 1 Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted November 18, 2016 Moderator Share Posted November 18, 2016 Well, I agree with what Berta said. If you are in the appeal period, then resubmitting new and material evidence under 38 CFR 3.156 should yield you an earlier effective date. You can also file a NOD if you are within a year of the RO decision. If you submit new evidence after the SOC, the VA has to write a SSOC. (Supplemental Statement of case). You should have or get a copy of your cfile to see what evidence VA had in their possession. If they had your favorable evidence, and made a clear error, then you can submit CUE. If they did not have the favorable evidence, then you simply resubmit it under 38 CFR 3.156. Its not CUE that VA does not have all the evidence. Maybe it should be, but its not. However, 3.156 can get the Veteran as favorable of a result as can a cue, and 3.156 keeps the benefit of the doubt, where cue throws BOD out the window. Link to comment Share on other sites More sharing options...
0 ozboi Posted November 18, 2016 Author Share Posted November 18, 2016 @Berta @broncovet Thank you for your timely response and help. I filed my claim at the end of January 2016, and I am not sure if I am still on appeall period. I have my "NEW" evidence ready to go. I just need help on who/how/where to give the "NEW" evidence. Link to comment Share on other sites More sharing options...
0 ozboi Posted November 19, 2016 Author Share Posted November 19, 2016 Can someone point me where to go from here ? Link to comment Share on other sites More sharing options...
0 Berta Posted November 19, 2016 Share Posted November 19, 2016 Per this recent post here it is : Oct 2016 letter Evidence intake centerPO Box 4444Janesville WI 53547-4444fax 844-5317818 Also you can upload it to your ebenefits account Link to comment Share on other sites More sharing options...
0 ozboi Posted November 20, 2016 Author Share Posted November 20, 2016 (edited) 21 hours ago, Berta said: Per this recent post here it is : Oct 2016 letter Evidence intake centerPO Box 4444Janesville WI 53547-4444fax 844-5317818 Also you can upload it to your ebenefits account HUH? @Berta, I cant see the content, it says no persmission? Edited November 20, 2016 by ozboi Link to comment Share on other sites More sharing options...
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ozboi
So I was given a 0% SC rating for IBS (which is BS BTW, the examiner botched the C&P).
How do I go about submitting new evidence to increase my disability rating, while retaining the original claim date?
Thank you!
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Berta
If you are still with the SOC response time frame--60 days??? I am not sure... You can obtain an IMO/IME from an independent doctor, ..they will need a copy of the C & P exam and the whole IM
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