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Throwing In The Kitchen Sink For Evidence In The Initial Claim.


danang_1969
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Question

In one of my recent condition denials by the VA, it was stated that some of my evidence was not used because of being used in a previously decision in my claim. In view of this VA regulation, I would ask the question; Is it wise to use all of our evidence in the initial claim because we know that there is very good chance the initial claim will be denied or at least only partially granted? Would it not be wise to well document the claim but not throw in the kitchen sink when filing the initial claim? Would some of the Elders give their opinions on this subject please?

Edited by danang_1969
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  • HadIt.com Elder

This is the rock and hard place argument!

The VA thinks that you should submit ALL evidence you have. If this results in a favorable outcome, fine. If not, you may have nothing left to help rebut the denial. Supposedly, the VA is required to review all evidence, not pick and choose, as they often do. Evidence can be cumulative.

That said, there is a case for not submitting evidence that is not directly related to the claim, even though the evidence may be of some value. This follows the logic that more complications result in longer delays in getting a claim to the decision point.

Evidence that is favorable should be submitted. Evidence that is neutral, or might be used as an excuse to deny, such as one doctors diagnosis that differs from others and conventional thinking, I believe, should not be submitted,

The famous saying is that medical practice is an art, not a science. So, if the VA has the right to discount medical information, so should you.

(And the Flack from the 88's starts!)

In one of my recent condition denials by the VA, it was stated that some of my evidence was not used because of being used in a previously decision in my claim. In view of this VA regulation, I would ask the question; Is it wise to use all of our evidence in the initial claim because we know that there is very good chance the initial claim will be denied or at least only partially granted? Would it not be wise to well document the claim but not throw in the kitchen sink when filing the initial claim? Would some of the Elders give their opinions on this subject please?
Edited by Chuck75
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This is the rock and hard place argument!

The VA thinks that you should submit ALL evidence you have. If this results in a favorable outcome, fine. If not, you may have nothing left to help rebut the denial. Supposedly, the VA is required to review all evidence, not pick and choose, as they often do. Evidence can be cumulative.

That said, there is a case for not submitting evidence that is not directly related to the claim, even though the evidence may be of some value. This follows the logic that more complications result in longer delays in getting a claim to the decision point.

Evidence that is favorable should be submitted. Evidence that is neutral, or might be used as an excuse to deny, such as one doctors diagnosis that differs from others and conventional thinking, I believe, should not be submitted,

The famous saying is that medical practice is an art, not a science. So, if the VA has the right to discount medical information, so should you.

(And the Flack from the 88's starts!)

If i could offer something here....I have multiple SC claims pending, and instead of seeking an IMO, I filed for SSD and was going too withhold those favorable physical and mental results from the SSD doctors, as an ace in the hole so too speak from the VA, in case my SC claims were denied in whole or in part. I was then going to file as additional evidence in support of my claims. It was suggested too me that i file it all now by the elders, unless im financially stable and can play the wait game. It was suggested too me that i file it all, now. Just get it in and be done with it. Hope this helps, but would wait for others to chime in..Regards, William

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  • HadIt.com Elder

You should throw everything of RELEVANCE at them. Overwhelm them with evidence from the getgo. But, you need to be 100% sure that all of the evidence that you send in backs up your claim. If you end up being denied, it will state exactly what you need in the denial to get approved.

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I agree with rental on this. Send in everything you have and if you get new stuff while they are playing around with your claim send that in as well.

On one of my claims I sent in material a little late and when I got my decision I noticed that they did not reference it, well I called 800# and they blew me off and said "oh well the rater probably did not need it"! BS! I send in an Iris asked how come it was not mentioned in my decision paper work and thats when they said "oh we received that stuff from you but did not know what it was for" Yea like a rats ass. I NOD and it was included and I got approved.

Point is KEEP a copy of EVERYTHING you send in and when and check and double check that it shows in there paragraph "what we used to come to our decision" or something like that.

Edited by stillhere
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  • HadIt.com Elder

Send in your evidence if you have it. You know there is a balance of evidence and you want to weigh it in your favor. I don't believe in holding back evidence. If you are denied you can get new evidence in form of IMO that reviews the reasons for the denial and rebuts them.

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I'm not an "elder" on here, but I did my own claim with the VA and I threw everything at them at once....everything that is relevant that is. I had medical records from active duty, civilian and VA...docs everywhere....and my claim was approved the first time around, very fast, 100% IU P&T for MST PTSD....I've been told this is very hard to do on your own. I disagree. It just takes lots of work and meticulous record-keeping.

So yes....send everything that is relevant. But keep your cover ltr short! No more than one page. I feel that that is important as well, don't bog them down with details in a letter--they have your medical records for that.

Best of luck!

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