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

[fanaticbooks]

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.

Vync,

The Evidence was pretty specific. It filled a page and a half and included--

Specific letters from doctors (named) and the date of the letter and when received by the VA

Treatments records from 0/0/0000 to 0/0/0000 as I had listed in my Enclosures, each for the different doctors (as a note, in my submissions I was VERY specific on exact dates that showed proofs for each disability, but in enclosure list just lumped all together for the doctor. They couldn't ignore because the records were specifically listed elsewhere.) This was the same as I listed on my Enclosure list for my submissions.

Examinations by specific dates

All forms submitted

My covering letters

Our VSO's covering letters

Progress notes from 0/0/0000 to 0/0/0000

Informal Conference Reports

Copies of Bills received from medical centers and doctors that were submitted lumped together with dates from and to.

Letters from VA to others specifically dated and named.

Internet pages submitted

E-mails received

Our letters, specifically dated to the VA

In the decision itself, errors were also acknowledged.

fanaticbooks

(I went to the safe and pulled the letter. That's why I am accurate in my listing above. This is why on my website I emphasize how important Enclosures are so the veteran can see what has been submitted and if it was used for evaluation.)

[broncovet]

jayq..

The "list of evidence" only applies to VA RO decisions, and only helps in an appeal. WE arent given a "list of evidence" until after our claim is denied or lowballed. I do think you have something there, tho. The VA should have to supply us with a list of evidence before they make a decision. That way we can know how much they shredded before the final decision. It would save a lot of appeals. "The Veterans service record is negative for....." when we know that is bunkum.

[Jayg]

jayq..

The "list of evidence" only applies to VA RO decisions, and only helps in an appeal. WE arent given a "list of evidence" until after our claim is denied or lowballed. I do think you have something there, tho. The VA should have to supply us with a list of evidence before they make a decision. That way we can know how much they shredded before the final decision. It would save a lot of appeals. "The Veterans service record is negative for....." when we know that is bunkum.

Thanks. That clears that up though. Your right in that it would be a good thing. Never happen.

[Berta]

"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"

good point Pete-you can hold them to the wording of a denial.

Of course if they list the evidence -it means they have it and didn't shred it-

but they should also mention any probative evidence in that list within the SOC narrative too- as to how they weighed it or rejected it.

Only the BVA -after 6 years- acknowledged my evidence.VARO Buffalo, AMC, and then VARO Seattle- never listed it nor argued against it.

This was so frustrating- as they didn't even attempt to rebutt it.

And of course I accused them of destroying it.

I wonder why Reps dont immediately ask VAROs to Cue themselves when a vet sends in probative evidence that they do not list or acknowledge.

It would lower the remand rate.

VA didnt destroy my IMOs- the BVA found numerous copies of them in the C file that had been completely ignored -even when my former rep says he gave the 2006 IMO personally to the DRO and she chose to ignore it.

[john999]

In the old days they did not list evidence. You had no idea if the VA even considered your evidence unless they referred to it in the decision. I think they are so lazy that they often don't even open your C-File to look for obvious stuff like a DD214. If they have the evidence and don't list it that seems like a CUE to me since it puts the vet in an impossible situtation. You have no way of knowing if they ever even looked at it. If you have two IMO's and the VA makes the decison solely on the basis of a C&P exam and never lists or refers to the IMO's that is fundamentally wrong.

[broncovet]

Berta...

I am guessing here, but that sounds like grounds for a CUE, here. That is, If you submit evidence, and the VA never puts that evidence in the evidence list, then that would imply that they never considered your evidence, and the VA is required to consider ALL the evidence..not just the unfavorable evidence, but the favorable evidence as well. Do you have thoughts on this?