Twofold Purpose For Adequate Reasons And Bases.

[Guest Morgan]

This came from an Admin letter.

5. REASONS AND BASES

a. All decision documents, including ratings, Hearing Officer decisions, and administrative decisions, must be written so the reader will understand the precise basis for the decision. Letters to claimants communicating denials must indicate the evidence considered and the reasons for the decision.

b. In Gilbert v. Derwinski, U.S. Vet. App. No. 89-53 (Oct. 12, 1990), the Court emphasized the responsibility VA has for ensuring that the Court understands VA's decisions. The Court noted that one of the reasons given for requiring reasons and bases for a decision was "[t]he decisional document should assist the reviewing court to understand and evaluate the VA adjudication action."

c. Persons making 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 the evidence and all of the claimant's contentions.

d. Conclusions without supporting analysis and explanation are not in compliance with statutory requirements. This means that statements on ratings such as, "The evidence does not warrant any change in the prior evaluation" are inadequate without analysis of the credibility and value of the evidence considered.

e. Medical conclusions must be supported by evidence in the file. Rating boards cannot refute with their own unsubstantiated medical conclusions medical evidence submitted by the claimant. Boards can cite recognized medical treatises.

[Ricky]

Morgan

What admin letter did this come from. thanks

Ricky

[Guest Morgan]

Hi Ricky,

I have lost my link to that letter, but here's a document that I think might help you. Look for the section on reason and bases. Someone here told me this is not good to use, but I respectfully disagree, as I found today that several Court cases referred to this document. It is dated 1999, but comes from the Compensation and Pension Service. Some of the cases might be outdated (maybe not), but much of the information in it is not likely to change.

I'll keep looking for that Admin letter and get back to you if I find it. I've been researching a lot for my husband's claims today and the letter got lost in the shuffle. I was researching the topic because the reasons and bases in his denials were plain stupid, not to mention arbitrary and capricious, biased and perjudicial, or whatever other words we can throw out there that denotes the VA's blatant disregard for facts and nonadversarial adjudication. OK, that's enough of my rant.

Good luck with your claims.

Shucks, I can't get it to attach. Would you like me to send it to you privately?

Edited March 13, 2006 by Morgan

[Guest Jim S.]

I would also like to know where this came from. I find 5-d. & e. Are germain to my claim of CUE, should I have to submit it, if and when they decide on my claim for reconsideration.

d. Conclusions without supporting analysis and explanation are not in compliance with statutory requirements. and

e. Medical conclusions must be supported by evidence in the file. Rating boards cannot refute with their own unsubstantiated medical conclusions.

Since their is nothing in the medical records, for which the claim was based, that the original diagnosis was in error and any supporting statement by the C&P Examiner of this fact and one alleging and alternative diagnosis whould be the correct one. Nither section d. or e. were applied as required.

The first the record show of an alternative diagnosis was being used, was in the statement of the case by the Rater. and used by subsquent claims raters as reason to deny the claim.

I hope that during the claim for reconsideration they will finally not that an error had occured and finally and properly adjudication the claim for service connection the service incured mental disorder and subsquently those secondary disabilities as they apply to the original claim.

Jim S. :(

[mssoup1]

Morgan,

If you can find that letter, I would also like to have a copy of it.

Thanks,

mssoup

[Ricky]

Morgan,

Yes please send it to me. I will try to find a way to get it to post.

Thanks Ricky