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gp747
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it is just apparent to me , the rater did not get the whole picture

i do not know whose fault it is , but says i have a year to submit new evidence

how do i know what rater looked at, all info is supposed to have been with claim

did rater ignore all but two hospitalizations . or was the info just not there.

what if info was there and rater ignored it ,i send in same thing they wont

accept it . say they already have it . rater only noted two hospitalisations ,

man i lived in hospitals for a long time. hospitals were my second home. i have got to

figure this out , i am not mad anymore just disappointed at the way they do people

to beat you out of every dime. i am not greedy i would have probably been happy with

50% and left them alone . we got a war going on now i am going to win , the battle ,may

have been lost but the war just began.

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  • HadIt.com Elder

skunk,

This is just my opinion, if the rater placed in writing only two

hospitalizations, then you need to re-submit the other treatment

records. Quote directly from their rating and the page number

etc, showing where they did not list this evidence.

They may be in your file, we don't know. This is exactly the game

the Appeals Management Center played with me.

When all was said and done, I didn't care how many copies they

had in my file. I only counted the ones they acknowledged.

I received a letter back from the Social Worker at my Regional Office

stating the rater considers the evidence they are AWARE that they

have.

What did I do, I re-submitteed the Independent Medical Opinion and

told him to tell the rater to use all the evidence.

Remember that by law the VA is required to evaluate all of the

evidence.

This is VA 101.

§ 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.

Make sure everything you sent to the VA have it date stamped.

It would not hurt to have your Senator fax this information for you.

The VA does not loose this evidence.

Betty

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  • HadIt.com Elder

This is what I am basing my CUE on because the VA had a doctor's report in their possession that they did not consider. There is no question the report they did not consider was very relevant. I did not know the VA had not considered my doctor's report until years later. My decision in 1973 was just two pieces of paper. I did not get the kind of decision letters we get now. My decision became final because I did not appeal the 10% I got for being unemployable and incapacitated. The only way you can tell if the VA considered your evidence is if they list it. They don't have to list everything but they have to list relevanat evidence they considered. This seems to leave them a loophole because they decide what is relevant. I think a medical report is relevant, but I bet they will fight me on this and force me to the BVA and then the Court. As long as my lawyer holds out and I keep breathing I will fight. If we lose at the VARO where the error occurred then we go up the chain.

Many here have had great difficulty getting the VA to consider IMO's and other evidence. As Betty has quoted the VA has to consider all the relevant evidence. How do they get away with this robbery of vets when we are supposed to have competent VSO's at our side I do not know. It does not take Perry Mason to see that all the evidence is considered. It can get buried in your C-File and never see the light of day for thirty years.

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