New Evidence

[lu12]

Few more questions???

It's possible to use a "previous or new" C&P report ,as "new evidence or material evidence", when relating to a different issue or different claim?

what actions can I take when in a C&P report the examiner provided both positive and negative medical opinions? but the VARO only considered the negative opinion, could I also use this as new evidence?

lu12

[john999]

The claims that were denied would have to be re-opened. The claim you got 30% for is a claim for an increase. You don't need new and material evidence for the increase. New evidence would help to rebut what the VA said when they only awarded 30%. You would want an IME that directly rebuts the reasons for granting only 30%. Your new IME should explain why you should have a higher rating. If it is for a mental thing then you want a diagnosis, GAF, and a reasoned argument backed by medical evidence. This is how I did it. The VA denied me every step of the way and I would go back and get the SOC and take it to the new doctor and show this to them and explain what I was trying to accomplish. Since they were getting paid they got the hint. We have to maintain the fiction that we are getting IME's or IMO's just like the VA maintains the fiction that your C&P exam is truly fair and that you are getting the benefit of the doubt. The reason I really started fighting my claim was the damned lies and bias in my C&P exams and my decisions. The part where the VA just makes things up to bolster their ratings gets me angry, and wanting to fight back.

[lu12]

'Berta'

was this in a recent SOC? = yes it was a SSOC from the AMC dated Feb 22,2008

Did your IMos fully comply with the IMO criteria? = yes...

Examiner did not consider VHA psychiatry's and (PCP) nor Private nexus opinions.

lu12

[lu12]

John, this case is now at the BVA, I have until the 22th of this months to respond with a NOD.

va examiner state that it is a chronic and at the same time a moderate condition, with a GAF of 60

In the other hand the C&P Social Worker report, refer to the condition psychiatrist as "SEVER" also refer to my Dx's as MDD and chronic anxiety - and the examiner as a dysthymic disorder

I filed for service connection for depression not Dysthymia which is a mild form of depression that can last for 2 years.

Examiner rejected during the examination private nexus opinion that gives me a GAF of 50

I will submit a reconsideration for increase and for the other issues a nod base on faulty examination.

lu12

[lu12]

'rentalguy1'

They don't allow a CUE for the amount of weight that is afforded to evidence.

this is my point, examiner did not reviewed, reconciled, revised nor follow on the Board remand Instructions.

lu12

[jbasser]

RG1. thank you,

1.) "In order to be new, it has to be evidence that was not in existence when the previous decision was made".

2.) "In order to be material, it has to have the potential to directly affect the outcome of the claim".

If I consider these points out of you reply then I most also consider a CUE; correct me if I' wrong

lu12

A cue is a collattarel attack on a (FINAL) decision.

The cue must be so relevant that reasonable minds would not defer and that the outcome would totally change the previous determination.

You have to show them what their error was and where they erred.

How evidence is weighed is not grounds for CUE according to the VA. Some examples of possible cues are:

Improper application of the rating schedule, Not considering evidence in the record, (This one gets them for there are cases where they ignore medical records or say they dont exist until you show up at the DRO or BVA and show it to them from your C file copy.) Not awarding a separate percentage for Hypertension with associated heart disease is a new one folks are going after.

Good Luck

J