List Of Evidence

[Jayg]

Ok, one more thing...

It has been suggested I check the "list of evidence." How do I do that? Do I request a copy from the VARO? Show up and ask to see it, make an appointment to see it???

Thanks

[carlie]

Jayg,

It should be on the rating decision - study both sections:

1) EVIDENCE

2) REASONS and BASES

[fanaticbooks]

Ok, one more thing...

It has been suggested I check the "list of evidence." How do I do that? Do I request a copy from the VARO? Show up and ask to see it, make an appointment to see it???

Thanks

Jayq,

On my hubby's decision letter was a LOOONNNG list showing all submissions that were used. Now when we got that letter, I checked it with my letters of submission all of which had an itemized list of enclosures at the bottom of them. Thus I was able to tell that they used a lot of my documents to prove my hubby's case.

Be sure as Carlie said to look at your decision letter. There should be an actual list of what was used to make the decision.

If there is a problem where you don't agree with the decision (I'm not familiar with your situation) compare what they used with what evidence you know they have as well as anything you might have acquired since. THEN create an argument to counter their decision. (Short version of what to do--see my website for longer :D )

fanaticbooks

[Vync]

fanaticbooks,

How was the long list of evidence broken down? Were they listed generically like "treatment records", indicated by date range "treatment records from {start date} to {end date}", or actually itemize the list of evidence like "treatment records for 12-29-2008, treatment records for 12-30-2008, treatment records for 12-31-2008"?

I have a feeling they overlooked something, but want to know exactly what they looked at - not some generic list.

[Pete53]

In a decision the VARO at least mine listed all the evidence and dates that they considered in their decision. In my opinion the list and the statement of the case is one place where the Veteran is given a better chance as it pretty much limits what they can do if you can overcome their objections

[carlie]

Here's a true example of exactly what the EVIDENCE SECTION looks

like on a Rating Decision. Some are longer, some are shorter.

carlie

[Jayg]

I haven't had a "rating decision" since March 2008. There's been a lot of new evidence submitted since then. Well, I did have some sort of rating decision but it was sent to a supervisor to double check claims with substantial awards and they sent it back up for more development...

My mistake. I thought checking the evidence list had something to do with tracking the rating process .

Jayg,

It should be on the rating decision - study both sections:

1) EVIDENCE

2) REASONS and BASES.

"Reasons and bases" for denial was easy. They reworded my claim so it said I was asking for something other than what I did and so that it was requesting sc for something that has no service connection. When I had my DRO hearing 6 months ago he acknowledged the error and said it the way I wrote it. But since he was transferred and I have no idea what the last person rated it on or who the new person will be or what they'll rate it by.

See? :D

Edited October 26, 2009 by Jayg