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Ro Soc, Bva Summaries


dav_marine72
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  • HadIt.com Elder

Hi Everyone,

Does anyone know when an RO issues a SOC or the BVA issues a decision they have to include positive evidence to show the balance was not in favor of the Veteran. Every SOC from my RO and my BVA decision mostly only talked about the negative evidence versus my pile of positive evidence. I wasn't sure if they just have to give you the evidence for denial or have to weigh it out in the SOC or decision. It would seem to me under the law for reasonable doubt and weight of evidence they should include both sides of the story and tell you how their side outweighed yours no?

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dav_marine,

Can you tell us what some of the positive evidence is that you

feel VA did not use in consideration of your claim ?

carlie

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  • HadIt.com Elder

Hi Carlie,

I had been talking with Berta and some others under the research section on some of this too.

Here is the link to my BVA decision: http://www.va.gov/vetapp08/files1/0808584.txt

I am attaching evidence I believe should have been sued to tip the balance. The only piece of information used in this evidence I am uploading was a reference to my supervisor about needing to stand in meeting. As you can see from her letter they didn't mention the 12 weeks out of work, can't drive, sit or stand, and had to leave the office early. None of the other evidence was mentioned as far as I can tell. Almost like someone lost it. The first letter from Dr. Bash which was an IME the RO quoted in their decision to deny me an increase. Let me know if I am nuts. Thanks.

Dr._Bash_2.pdf

VA_post.pdf

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  • HadIt.com Elder

Sorry forgot to upload Dr. Bash's first IME.

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dav_marine,

I think ONE problem involves a difference in the Diagnostic Code

(used in your gonad problem) that Dr.Bash states should be rated

under versus the Diagnostic Code BVA used in their Rating Decision.

jmho,

carlie

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  • HadIt.com Elder

I agree with that but my main deal is the back. Even if I could get the code changed for the gonad I'm only looking at 10% possibly. The back however is at 20% orth and 10% neuro. I am on oxycodene 4 a day for the pain, ativan 3 times a day, buspar 4 times a day for the panic attacks for secondary mental from the back. There biggest kicker with me is the bending. I took yoga for a few years and had some good bending. Stupidly I guess I shouldn't have bent so far. Now that's all they seem to look at. Thanks.

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Yep- the last time they ignored my evidence I whipped this out- from 38 CFR and M21-1 and sent it to them:

"§4.6 Evaluation of evidence.

The element of the weight to be accorded the character of the veteran’s service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. 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.

“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

______________________________________________________________________________

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 3_ADJUDICATION--Table of Contents

Subpart A_Pension, Compensation, and Dependency and Indemnity

Compensation

Sec. 3.159 Department of Veterans Affairs assistance in developing

claims.

(a) Definitions. For purposes of this section, the following

definitions apply:

(1) Competent medical evidence means evidence provided by a person

who is qualified through education, training, or experience to offer

medical diagnoses, statements, or opinions. Competent medical evidence

may also mean statements conveying sound medical principles found in

medical treatises. It would also include statements contained in

authoritative writings such as medical and scientific articles and

research reports or analyses.

(2) Competent lay evidence means any evidence not requiring that the

proponent have specialized education, training, or experience. Lay

evidence is competent if it is provided by a person who has knowledge of

facts or circumstances and conveys matters that can be observed and

described by a lay person."

are you the same vet with the lawyer in other posts? These are points that your lawyer should be focusing on for any rebuttal to the VA.

There is nothing better (if you have the medical evidence and nexus you need)then using the actual regs to rebutt them and to support your claim).

Just like Chief Osceola

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