Denied

[SouthernBelle]

THEY DIDN'T EVEN USE THE LETTER FROM THE DOCTOR!!! WTF?!?!

Here's what my Congressional contact said to do:

File to reopen the claim instead of appealing the decision on the appeal. He said because they failed to use the LETTER from the doctor that it can be considered NEW AND MATERIAL EVIDENCE. I'm so pissed I can't see straight.

Edited October 15, 2008 by SouthernBelle

[SouthernBelle]

The thing is, I used to work for an attorney and she hated most of her clients, and was consistenly rude and obnoxious. I just have a biased opinion about attorneys. I'll have to have somebody who can change that opinion. I may be open to having that opinion changed if things don't work out at the point I'm at now. (I sent the NOD/CUE/Request for Reconsideration today). I was having a minor freak out yesterday and nothing was making sense, and now I'm clear headed and able to deal with things better. I have my days where I'm so overwhelmed I can't breathe. Yesterday was one of those days. I apologize for being so... annoying? ignorant? whiney? I don't know what I was yesterday, but I'm sorry. I'm better today! I really appreciate yall, and someday, when all this is better, I'm going to do something amazing to thank all of you and Tbird for setting this up. Someday I will.

[vaf]

Hey Belle, don't we all have our moments? Every one of us can identify with days like you had yesterday, so whenever it gets like that, you bring it here because you're exactly where you need to be! You're juggling a lot, you don't have to be superwoman, although I can tell you like being in control of events that impact you and yours, to whatever extent possible.

None of the VARO decisions made in my husband's case allowed an NOD with attorney representation, and the VSO was a putz, so I ended up handling my husband's stuff on my own -- I understand exactly what you mean, but we did decide to get an attorney at the CAVC level, and I'm glad of it. I really like the guy, but would I remove myself 100% from the process from this point forward? Not a chance...

[SouthernBelle]

Thanks, vaf! I'm a bit of a control freak. There are lots of people smarter than me, but nobody cares as much as me!

Hey Belle, don't we all have our moments? Every one of us can identify with days like you had yesterday, so whenever it gets like that, you bring it here because you're exactly where you need to be! You're juggling a lot, you don't have to be superwoman, although I can tell you like being in control of events that impact you and yours, to whatever extent possible.

None of the VARO decisions made in my husband's case allowed an NOD with attorney representation, and the VSO was a putz, so I ended up handling my husband's stuff on my own -- I understand exactly what you mean, but we did decide to get an attorney at the CAVC level, and I'm glad of it. I really like the guy, but would I remove myself 100% from the process from this point forward? Not a chance...

[dav_marine72]

Southern your not alone. My wife has her days with the VA. I certainly have had my days with the VA. We all have and that's why this place is so therapeutic for me.

[SouthernBelle]

This place is the best therapy I've ever had!

Southern your not alone. My wife has her days with the VA. I certainly have had my days with the VA. We all have and that's why this place is so therapeutic for me.

[SouthernBelle]

I'm still waiting on an IRIS response. I'll post the IRIS I sent to them on the 9th. I also sent in the NOD/Request for Reconsideration/CUE Request by regular mail.

I request that this be sent to the Veterans Service Manager. I request that the VA CUE itself. There was evidence submitted that was not considered in the decision dated 06 October 2008. The evidence submitted and not considered is a letter from the current treating Psychiatrist sent via fax and regular mail. The regulations violated are:

38 Code of Federal Regulations

§4.3 Resolution of reasonable doubt.

It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding the degree of disability such doubt will be resolved in favor of the claimant. See §3.102 of this chapter.

§ 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.