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]

bump

[Hoppy]

Broncovet,

There are a couple things I see already that I can try to clarify. Unfortunately, it might have to wait until early next week. I have a colonoscopy scheduled Friday morning. Tomorrow will be a wasted day and I will not get back from up north where I go for the colonoscopy until the weekend.

Hang in there

[Commander Bob]

...I have a colonoscopy scheduled Friday morning. Tomorrow will be a wasted day and I will not get back from up north where I go for the colonoscopy until the weekend.

Hang in there

Good luck, Jayq. This has been an interesting and informative thread. So much good advice here.

Hoppy , And good luck to you, when you go up north, to get that colonoscopy down south.... Are you going to a VAMC to have the procedure? Remember all the recent bad news about contaminated colonoscopy equipment in VAMC's. How do you feel about that? If it's the VA you're going to, I would suggest you get a blood test before and after, to add to your "list of evidence", if you need to.

Edited November 5, 2009 by Commander Bob

[broncovet]

Yes, Hoppy.

Thanks for your help. I will wait. Have your blood tested for HIV, Hep B and Hep C both before and after your colonoscopy. That way, it will be hard for the VA to blame it on your tatoo you had in 1968. Remember the VA's mantra: If they can get away with screwing up at one hospital, then try it at others.

Edited November 5, 2009 by broncovet

[deltaj]

Hoppy..

Wow, thanks for your thorough and informed answer. Do you know much about a "deemed denial"? That is, the VA adjudicates one issue of the Veterans claim, then fails to address other issues. I understand the courts has called that a "deemed denial" and the one year appeal period starts ticking which hardly seems "non adversarial" to me. In other words the VA blows off some of the Vets issues, then calls their not addressing the issue a denial, and hoodwinks the Veteran into beleiving he will get an answer soon on that issue also, and when he does not, the Veteran victim can not even meet the CUE standard? It is shredded claims at their worst. It basically means that the Va can shred evidence with impunity, and it is the Veteran who has to ultimately pay, even when it is determined with the medical records that the evidence was shredded, because the VA cant go the the VAMC and shred the medical evidence. Sometimes, that is the only evidence of a claim, because it is pretty easy and pretty widespread where the VA just simply shreds the Veterans 21-4138 as I am certain they did mine. When I visited the doctor and told him I was depressed and unemployed, that is the only evidence of my depression, TDIU claims left that has not been shredded. I thought it would be enough, under Bell's constructive notice rule, for me to get CUE since the court is saying that I had a deemed denial, and since I did not appeal THAT ISSUE, the one year appeal period has expired, and I can not get CUE.

Broncovet, What about 38 USC 5108? Is there any new and material evidence you could use to reopen that earlier claim even though you didn't file a Notice of Disagreement?

[deltaj]

If a doc writes in a vets progress notes a simple statement that says,

veteran states they are unemployed -- means nothing, lots of vets are unemployed.

Simply stating you are unemployed will not be viewed by VBA as either

an informal or inferred claim.

It makes no reference to seeking any benefit.

It makes no reference as to if the vet may think they are UNEMPLOYABLE.

It makes no reference to the if the vet may think they are UNEMPLOYABLE

due to their SC'd or NSC'd disabilities.

carlie

Carlie, Search on google under M-21 AND inferred claim for TDIU. The results will lead you to a bunch of interesting links including one mentioning Servello v. Derwinski which discusses inferred claim for TDIU.