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

[jbasser]

It seems everyone is correct on this issue. I have had the R/O lie to me for 15 years over a hypertension and headache claim stating there was no evidence of treament in the service records. After a Doctor pointed it out to me and showed me they lied, I became Irate. After the doc wrote it up, I had no problem in getting Service connection.

The CUE will be going in front of the board soon and I should win that one too.

Dont give up and keep on throwing punches, eventually they will fall.

J

[Berta]

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

That is a good move and the VA should get again copies of all evidence they failed to address so far-

The reconsideration request does not stop the year NOD filing period but -this could get a better decision-

I believe in keeping claims at the local RO level until they get it right- because it could go to the BVA and sit there for a year or more-only to be remanded again to the same RO who didnt do it right in the first place-

for expeditious remand treatment which usually means another wait for about a year or more -

for them to (hopefully)do it right-

I saw a BVA case with FOUR IMOS that supported the claim-

and no one at the RO ever even read them-

OUTRAGEOUS incompetence from high level GS fed employees-

[danang_1969]

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 compliance 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?

Bertha the credit card analogy does really fit well. My SSOC said that the VA exam outweighed the two two buddy letters and of course that was without the IMO I submitted.

Just imagine how the VA would have had to write the SSOC with the IMO considered. We have the 2 buddy letters from the veteran, stating the noise the veteran was exposed to was very damaging without hearing protection and the buddy letters stated that the very extreme noise damaged my my ears too and they are hearing loss SC'd over the same noise, one of the buddy served on the same ship, during the same time period the veteran did and the veteran has the IMO that says the veteran's bilateral hearing loss was difinitely caused by acoustically trauma, but the VA exam says that the veteran's hearing loss was not caused form acoustical trauma and it outweighs all 3 of those. And the fact the veteran has an iris printed out where the RO said in the iris that the VA tested the veteran on the 30th and the veteran has a appointment letter that says he was tested on the 27th has no bearing on the fact that the wrong test may have been used in his claim. That is how they would had to write it, so they just left out the IMO.

I took your advice and sent a request to the RO and asked for CUE because the evidence was submitted return receipt, signed for the VA and is missing form the evidence list on the SSOC. Also asked for a copy of my c-file from the last point which I received a copy. I also quoted: 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 the rest of it.

It seems the only way to get the VA to move real fast on a claim is when they get your evidence that pulls greatly in your favor or when you request evidence from the VA, and they know it will pull greatly in your favor, then they rush and hurry and send you a SSOC minis all the evidence.

Much needed info and thanks.

God Bless

Danang_1969

Edited November 29, 2007 by danang_1969