Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Ro Soc, Bva Summaries

This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 


Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 


This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.




  • 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?

Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts


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

feel VA did not use in consideration of your claim ?


Link to comment
Share on other sites

  • 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.



Link to comment
Share on other sites

  • HadIt.com Elder

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

Link to comment
Share on other sites


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.



Link to comment
Share on other sites

  • 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.

Link to comment
Share on other sites

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



PART 3_ADJUDICATION--Table of Contents

Subpart A_Pension, Compensation, and Dependency and Indemnity


Sec. 3.159 Department of Veterans Affairs assistance in developing


(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

Link to comment
Share on other sites

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.


  • Advertisemnt

  • question-001.jpegLooking for Answers? Here are tips for finding the answers you seek.


    All VA Claims questions should be posted on our forums. To post, you must register. Registration is free. You can register for a free account here.


    You can read the forums without registering.


    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.


    Leading to:


    Post straightforward questions and then post background information.


    • A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    • I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
        • I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?


    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.




    • Your first posts on the board may be delayed before they appear as they are reviewed.
    • This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Create New...

Important Information

{terms] and Guidelines