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

[danang_1969]

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 July 23, 2008 by danang_1969

[Guest Vietnam Tanker]

I am affraid I have to agree with the others here, it pays to submit all the relevant info you have at one time, to include the kitchen sink and the dishwaser if you feel it will help your claim.

[Teac]

Yes.. send them all and only the information that pertains to the claim. Holding back evidence could be the difference in denial or approval.. and no one wants to wait an extra year of two on an appeal because the evidence wasn't submitted in a timely manner...

[MRRRR5]

I agree with them; all the evidence should go at once.

And don't forget to leave the pots and pans in the kitchen sink when you throw it!!! B)

[LarryJ]

Welllllllll. I dunno. I do know that I threw all the evidence I had at 'em from the git go.

I get this letter back, saying that they have considered this and that, but never said one word about the Social Security determination/award/letter that I told 'em about. And, of course, I got a Denial.

So, I NOD the thing, and it goes to the BVA.

Again I get the "please send us any other info" letter.

So, I send them the Social Security determination/award/letter, again.

I get a remand back to my RO and I get my positive decision.

Now, I've turned in a "formal" TDIU claim and included my Socia.......well, you know.

I just can't wait to see them deny me and NEVER mention my SSA award.

So, I guess what I'm trying to say is that, even if you DO throw the "kitche sink" at 'em, it don't make no never mind........they'll read what they want to and deny what they want to and grant what they want to.

BTW, I got a copy of my c-file and EVERY one of my SSA records are in there.

oh vey!

[danang_1969]

Thanks for the come backs. I think the kitchen sinks have it.

[Berta]

I agree with many others here-

send them the whole 9 yards-

I figure this way (after years as a claimant) the chances are they might lose some of it right from the git go- or then list some of it as evidence but fail to even address it as evidence in the SOC narrative.Then it can be rebutted in a response and resubmitted.the

I have sent evidence that can stand on it's own without consideration of the additional evidence.

And it amounts to plenty-since my claim was filed over 5 1/2 years ago that has allowed me more time to get even more evidence.

Last night at SVR Radio I mentioned that we need to remember Blind Justice holds the scales and the VA weighs our stuff-against theirs --- positive and negative- if the weight is equal or more in our favor---- then DTA regs say we succeed.

But I believe VA kicks Blind Justice in the knee so their side of the scale gets a higher value-even if they have just a crappy C & P exam and you have probative evidence that entirely rebutts it.

I submit evidence marked as Exhibits A, B, C and so far with a cover letter-

briefly describing it all-

these days we are lucky if they even read beyond a few pages so hit them with the strong stuff first.