Smoking Gun Evidence Omitted In Ssoc

[danang_1969]

Just received a speedy response and a SSOC on some of my secondary conditions that were denied again. In the NOD, I submitted an IMO that directly conflicted with the medical evidence test given by the VA on their exam. It was the most likely hardest to be thrown out, overlooked or explained away by the VA. In the SSOC, the IMO was not listed on the evidence list. Imagine that, Did I expect anything different? I guess my only option now is the BVA on this one! Not a good option for me. More probably, not like a seeable option but that is the only choice.

Danang_1969

[Pete53]

Hang in there and don't give up.

[Berta]

If your IMO fully complied with the IMO criteria and the VA failed to consider this evidence at all in the decision you can ask their VSM to CUE that decision as it is not in complianace with established VA case law:

"

Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law." 38 CFR 4.6

and cite:

“b. Review of Evidence. Concisely cite and evaluate all evidence that is relevant and necessary to the determination. Rating decisions must evaluate all the evidence, including oral testimony given under oath and certified statements submitted by claimants, and must clearly explain why that evidence is found to be persuasive or unpersuasive. Decisions must address all pertinent evidence and all of the claimant's contentions. “

Source: September 23, 2004 M21-1, Part VI

Change 118

(that worked for me in 2005 but then-my POA failed to present my evidence at the conference this caused-)

I wish I could give you the wording as an example- of the actual email that I sent- I filed it under the Iris system and then copied it and sent copy to my POA to get his thumb out of his butt-it said What the Hell Is This? in the Re: and then I asked the VSM to CUE the decision in the email and I got the conference-right away-

I think it is an absolute disgrace that ROs (and many vet reps idly sit by and allow this to occur)---

fail to consider our medical evidence and lets face it -something from an IMO doctor is usually a lot better and by far more medically sound than what they can come up with from a 15 minute C & P.

When I get a copy of my next IMO I ordered yesterday I am sending copies of them all to Mansfield with cover letter so that if they mysteriously disappear at the RO (they did as soon as the BVA sent them back last year-and this is the only way a IMO can be really ignored)at least I can tell the VARO to ask Mansfield to send them a copy of my IMOs.

Then again they lost my med evidence 10 or 12 times in the 1990s and I just kept resending it-this time the MF (mysterious force who used to remove my evidence from the c file prior to any rater seeing it-is now employed by my former POA and not the VA so I am sure this time the VARO might really have to consider it).

I just get outraged when the VA pulls this crap-

how can Fed employees at GS 11 or 12 levels fail to be able to acknowledge and read and address our evidence properly yet somehow they can read some VA crapola from a quack?

Edited November 28, 2007 by Berta

[Berta]

You know it is just like this-

I recently got a credit card- havent had one in 20 years-but people said I was nuts not to have one-

If I pay 20 bucks a month on a balance of 100 bucks and every month I keep getting the same 100.00 balance in a bill yet keep paying the same 20 bucks-every month --- it is the same thing here that we are putting up with-with the VA-

By sending in IMOs that the VA never even looks at --- the 'balance' of their scale for Benefit of doubt can NEVER be tipped in our favor-

This only happens to some claimants - most do seem to get their evidence considered- I always have wondered just who determines which vet gets full application of the regs and what vets do not-

and who helps the VA to decide who they will screw- the Service Orgs?

[danang_1969]

Thanks for the encouragment and comments. Bertha I sent an iris in the form of complaint, as you advised in an earlier post, and asked many questions as to why the missing listed documents were not listed and stated that I have the receipts where they were signed for. I also noticed after I made the last post the other most important medical records were ommitted as well. My treating PTSD doctors summaries were also missing that stated my PTSD was much more severe than the C&P reported in the earlier decision. I received them today from the request they have been stalling it seems, the same day as the SSOC, but had already submitted them earlier though, Say how did you do that. I got them from another source and it wasn't easy. Hey I gonna give em the benefit of the doubt and see what they have to say about the records not being listed. Most of the time when a deception web is being weaved, the longer the more tangled the web gets and they have a pretty tangles web weaved so far. I have copies of all my records in safe deposit box at the bank. If anyone you don't have a copy of everything in a safe place, you might try and make the effort to do that. It's tough enough with the evidence.

My rep has also ask for a reconsideration on my percentage rate. Maybe that will come out better than this other stuff.

Danang_1969

[john999]

Being hard headed and persistent is what pays off when the VA plays these games.

[Hoppy]

danang,

They did every thing they could to deny my claim for 8.5 years. They refused to schedule a c&p. They claimed I was not treated in the military for a condition that I was in fact treated for. When I proved to them that I was treated in the military they invented false evidence to say the condition was actually the result of post service employment. MY SO could not believe they denied my claim after I got a favorable report from the most senior specialist in the VA system. Me and my SO used to argue as to whether or not they were incompetent or outright commiting fraud. A DRO saw through the BS and service connected me.

As far as IMO's go my SO thought it would best to seek opinions from VA doctors first. He thought that there would be less problems with they way the reports were written. This worked for me on a secondary claim. I am service connect for 3 conditions. I won all my claims using VA doctor. My SO was a rating specialist for the VA for 20 years before jumping sides and becoming an SO.

Hang in there,