3.102 And Reasonable Doubt

[Josh]

3.102 and Reasonable doubt versus impeachable evidence

Hello all…

Does anybody know what is the difference in the approach/outcome of a case where you can show impeachment or contradiction by evidence or known facts versus reasonable doubt?

In my claim, I can indeed show impeachment or contradiction by evidence or known facts—

How would that change my approach?

Edited March 16, 2006 by Josh

[Guest Berta]

If this is the Section 1151 issue, the Reasonable Doubt criteria does not apply.

Any medical statement that VA uses to go against the claim has to be contradicted with medical fact.

The VA certainly will overlook and ignore your most probative evidence on a Section 1151 claim.

It is in their interests to ignore it.

They literally have to be overwhelmed sometimes with the medical evidence.I have had to re-send medical evidence many times to get them to acknowledge it.

For a year and a half they have failed to address or even acknowledge my IMOS (yet my vet rep pointed them right in the file for the DRO to know they are there)

I copy these IMOs on the back of each and every single piece of correspondence I send to them-

I had to resend evidence many many times for my past Sec 1151 claim.I even got so exasperated I sent them some of Rod's ashes as evidence. That created quite a hoopla up there in Buffalo. But it called attention to my documented evidence.

My next submission - they sent me a ridiculous letter yesterday- it appears to be on my CUE claim but they failed to say which one. I emailed them and they said- without seeing the letter they cannot determine which claim-

well duh- how can I be expected to respond to it-

In any event -when I respond today (I will cover both CUES) I will again enclose my IMOS on bright chartreuse or pink PC paper.

You have to rebutt every medical statement they make- with medical evidence.

And do whatever you can to call attention to that evidence.

Edited March 16, 2006 by Berta

[Josh]

:( Terry and Berta ... You both make Gio so thankful you are here on Hadit providing support to Veterans in need of a calming... that includes me at times like this... However we ae within DAYS of sending in the next level of appeal. I will post a new topic in a few moments with the Preliminary Appeal Draft to be touched up, smoothed, documented, bound in a notebook. hugged, kissed and of course delived by couier requiring a signature. smile again :P

Josh

[Guest Berta]

Terry- you are so right!!!!!!!

They will do all they can to try to get out of 1151 claims-

A claim I wrote I wrote for a friend- he got 1151 100% in 3 months but my claim (started by my husband as 1151 claim) took almost 4 years. I quess they pick on certain 1151ers.

They continually refused to read my evidence or said they never got it(just like what they are doing now on my new claims)

I just kept resending the missing stuff -which of course was the best evidence I had.

If these claims got to the BVA without the missing stuff- I would have been denied and had another long ordeal so I just kept at them at the VARO.

Even my DAV NSO at the time was very unsupportive.

But I did succeed on all those claims.

I got a letter yesterday on my CUE claim.

They asked for evidence-I was just livid- I sent them evidence on this claim in 2004.

Then I realised that they want to continue to play games so I clearly responded to the letter and listed and re-sent the evidence I had.

Then a miracle happened. I thought to double check M21-1 as to what they are supposed to do regarding a vet with 100% SC and 100% Section 1151-the basis of my SMC claim.

I know what they are supposed to do but I had overlooked a BEAUTY!

It say in M21-1 Part 6-

If a veteran is obviously eligible for SMC consideration, it is a CUE if the VA fails to consider and/or award SMC.

The whole point of my claim-said in their words-funny how I missed that before-

I was then thrilled that they made me do this all over again and I sent them 5 pages of the M21-1 highlighting that specific part.

Obviously I said, Rod was eligible at the least for the "S" award but I want the R-1 award.Based on medical evidence in the med recs, c file, EEOC case, etc SSA, etc.

They asked how my 2004 CUE claim involved a possible manifested altered outcome(if CUE had been committed)

I replied in essense that two years at the proper SMC R-1 (1 vet-1 spouse-1 child)less the 100% I already got is $69,240 clams-due me-

I sure consider that a manifested different outcome from the nada they sent on Rod's SMC. They never considered him properly under their very own regs.

Use their words and their regs against them whenever you can to support your claims.

Edited March 16, 2006 by Berta

[Josh]

Berta and Terry,

Where can I find the "M21-1" information? What is it, and where can I download the document?

Thanks

Joseph

[Angela]

Josh,

Links to M21-1 etc can be found at...

http://www.warms.vba.va.gov/sitemap.htm