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

[fanaticbooks]

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.

I have to agree with Berta. Working on my hubby's disability stuff, I organized everything and listed it all in the enclosures area, I had over 3 pages of enclosures listed. When my hubby's decision came back, I checked their enclosure list with mine and saw that they had listed everything I had submitted. It was kind of hard to ignore when it was there right where it couldn't be ignored. That's why my website emphasizes to list all enclosures. The more you submit, the more forms of proof available. It doesn't hurt to write it out and put all of that in a form they can't ignore. Just remember to mention if it has been previously submitted or is being newly submitted. See my site if you need suggestions.

Good luck and Thank You for Serving.

Fanaticbooks

www.howtoassemblevaclaims.com

;)

[Pete53]

Throw the kitchen sink. If you are low balled or denied ask for a Hearing. And than whop them up side the head and ask them to show you why denied or low balled. In a nice way of course.