What Should My Next Step Be?

[Dave]

I just received my rating letter and the VA service connected my peripheral neuropathy (upper and lower) but both at 0 %. I provided a letter (sent certified and received) from my doctor that stated within the letter that my PN was moderate incomplete paralysis, but the rating decision says it is not even mild. However, the rating DOES NOT list the letter from my doctor as evidence used and does not reference it in their decision. I fully believe the rater never saw it, but they had it over a month before the rating. What should I do? A NOD for DRO review and state the rater did not consider medical evidence? This really frustrates me that they did not consider the medical evidence my doctor provided and now will further delay my disability claim. Please help.

Dave

[Pete53]

If it were me I would take copies of the evidence and go the the VARO and make sure that they had it in my C File.

[stillhere]

Had this happen to me a while back I was denied for something don't remmeber but I looked in the evidence thing and they did not have my doctor's letter listed so I sent it in again with a NOD and they approved it.

You have to really read a denial almost better than an award to make sure they got evrything BECAUSE if it aint listed they did noe consider it!

[john999]

Dave

I would NOD it based on them not considering your evidence. How the heck can you tell if they reviewed your evidence if they do not even list it? Some at the VA say that if it is in your C-File then the VA considered it, but that seems like bs to me. If the decision does not list or mention your evidence at all they must have ignored it or never even looked at it. What other logical conclusion can you have.

You know I have a CUE based on this very point. The VA has been pulling this stunt for years not listing all evidence they don't like.

[Dave]

My service officer is checking with the rating supervior over this. I know they didn't look at the 2nd doctor's letter. I provided two doctor's letter's within 2 months. They referenced the first but did not reference the one in which the doctor stated my condition. Under the heading "EVIDENCE" , the first letter listed, 2nd letter not. In "Reasons for Decision" , again the first doctor's report I submitted is referenced, the 2nd not.

It is either 1 of 2 things: the letter never made it in front of the rater OR the rater ignored it. I have the green postal form stamped delivered a full month before the rating on the 2nd letter. I also have an IRIS response that said the letter would be provided to the rater as well. The letter was so critical, I wanted to make sure they got it.

Also, if the VA had relevant medical evidence like my physician's letter and did not consider it, is it a CUE? I believe that if this letter was considered, a reasonable rater would have made the rating compensatable.

Thanks for your help!

Dave

[Berta]

A CUe is not in order here unless your rep asks the VA to CUE themselves-

I suggest that the rep help you prepare a Reconsideration Request unless he gets somewhere with the rating supervisor.

This will NOT stop the year NOD deadline- and the NOD must be filed if VA fails to act on this request as the NOD deadline grows close.

I hope you IMos fully cover all the criteria that these IMos need.

In your case the medical evidence that would warrant a compensable rating for the PN has to be strongly stated with a full medical rationale.

[Dave]

Thanks Berta,

My service rep found the letter with the Triage team who admitted they failed to get it to the rater. They mentioned something about being "short staffed" during November. My rep drafted a reconsideration letter because he said the evidence was still within 30 days of the rating. He told me to hand in there despite their error. The letter is strong as the doctor clearly stated the effects of the PN. It just frustrates me that the VA failed to forward the letter to the rating board as I was told and asrequired. As far as a NOD, I have until this December to file that -- I hope I won't have to.

Thanks to all for your help.