Directly To The Rater

[Atlantic Ocean]

Hello everyone, is the first time I write in here I apologize if this is not the forum to post this issue. I have a claim in that was denied and I was on time to present new evidence for it. Last week I gave it to my rep and he told me that he was going to gave it directly to the rater, is this possible? He do not talk too much so I leave his office with that doubt. Can he gave my new evidence directly to the rater. and if so what will happen next? This is all my doubt. Can anyone of you give me some advice or put some light in this topic? Thanks for your attention and for any comment in this issue.

[Pete53]

March 2008 I had a DRO Hearing and the first thing I was told after it was an informal hearing was that I could only talk about the issues that had already been decided and nothing new could be brought up.

So I am confused are you able to submit new evidence at a DRO Hearing or is it up to the Hearing Officer to accept it or not?

[rentalguy1]

You are allowed to submit new evidence to the DRO:

38 CFR 3.2600

© The reviewer may conduct whatever development he or she considers necessary to resolve any disagreements in the Notice of Disagreement, consistent with applicable law. This may include an attempt to obtain additional evidence or the holding of an informal conference with the claimant. Upon the request of the claimant, the reviewer will conduct a hearing under §3.103©.

38 CFR 3.103©

(2) The purpose of a hearing is to permit the claimant to introduce into the record, in person, any available evidence which he or she considers material and any arguments or contentions with respect to the facts and applicable law which he or she may consider pertinent.

38 CFR 3.103(d)

Submission of evidence. Any evidence whether documentary, testimonial, or in other form, offered by the claimant in support of a claim and any issue a claimant may raise and any contention or argument a claimant may offer with respect thereto are to be included in the records.

Edited January 28, 2009 by rentalguy1

[carlie]

Anyone that attends a VA Hearing where:

they are sworn in and the hearing is recorded

has had a formal hearing and is entitled to a copy

of the official transcripts.

carlie

[Wings]

x

x

x

Pete, You can keep sending evidence until the 11th hour. ~Wings

[tssnave]

Atlantic,

Ask your VSO for a copy of the cover letter with bar code that he wrote to submit your evidence to the VA.

I didn't know to ask for the VSO cover letters until well into my claims process but once I started getting them I felt a lot better turning over my evidence to the VSO.

Good luck w/ your claim and keep us posted.

TS Snave

[Mr cue]

Being a former VSO in a Vet Org. that was down the hall form the 6 different teams making up the VARO was quite eye opening. The M-21, or regs, speak directly to this matter and instruct not to barter, or make deals with Vets if they will drop other issues, or appeals. This should be utilized more if they want to speed up the process, but anything to throw a kink in the speeding up of claims seems to be there mantra.

It happens all the time, even preferential treatment for family, or friends of VA workers, and VSO personnel who may have claims in for themselves, or family members. The process of going through the different teams is followed, but the VSO, can take the evidence to the person who has the claim settle the issue right there on the spot while they are working on another claim. The VSO then takes it to the next person in the chain for their attention and approval if warranted. Once the VSO has walked the evidence through the proper teams(VA workers) it is given to the last team which is responsible for the final processing of benefits resulting in the Vet receiving award.

So in 1 day a motivated, respected, and properly trained VSO can take a claim that was denied weeks, or days earlier and turn it into in an award of benefits for the Vet taking months, possibly longer off the Vets waiting time. When used properly I see know harm in expediting Vets claims under this manner, as this is the reason we are all there, to help Vets in a non adversarial setting, to assist in the duty of gathering and presenting your claim! I hope many see the point here and utilize VSO's to their advantage. That being said, good VSO's are like good attorneys,far and few, but when you find a good one.......well murderers are walking the street! Good luck! to all Vets.