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]

Hoppy,

My rebuttal reply to bronco's post was to address:

1) the statement,

"when the Veteran tells his (VA) doctor he is unemployed, that constitutes an Informal claim for TDIU" .

In my opinion, this statement alone would never qualify to be either an informal or an inferred claim, also, there is no way to know if the doc even enters this statement into the progress notes.

To state one is unemployed - in no stretch of the imagination would equate to:

Hey doc, I am unemployed and feel the reason for this is due to

my service connected disability/s.

2) To advise claimant's who feel they are unable to work due to

SC'd disabilities -- to file for it and not make a guessing

game out of whether they have a claim for IU of record,or not.

Hypothetical contentions for an EED can be hashed out once

IU is granted.

Prior to a grant of IU - effective date isn't even relevant

point yet.

I have an original 21-4138 submitted from about 1980 that specifies,

I feel I am unemployable due to my SC'd seizures, along with it was

letters from two prospective employer's that expressly denied me

employment due to me being a seizure patient.

If I ever get IU granted I may use this as an ace in the hole,

BUT - it probably will be of little help for an EED because

I have over twenty years of employment on record since that 21-4138

was filed. I feel it would make any informal claim for IU in 1980

a moot point.

carlie

[john999]

Hoppy

My private doctor said I was unable to work, and was completely incapacitated due to a psychiatric condition that was the same condition that I was service connected for by the VA. It was not me saying I could not work, but my private clinical psychologist saying it in a report. The VA has the report, but just ignored it. I never had a C&P exam. The VA just relied on my SMR's and an in-patient stay at the VA hospital back in 1972 to make their rating. I got a 10% rating from the VA. My SMR's mentioned a diagnosis of depression, anxiety, drug addiction. The VA said schizophrenia. Even ignoring my doctor's evidence the rating is a joke. I never got appeal rights. I forgot about the claim because I don't even remember making a claim, but someone must have made if for me while I was in the nuthouse. A couple of years later I got a letter saying I was connected for a "nervous condition" and got back pay to the day after I was discharged. I was never informed about any appeal rights or NOD deadlines, so it became a final decision. I had such a horrible experience with the VA that I never went back for 25 years. I do have a CUE claim waiting on a BVA Hearing based on the fact that original decision was in error because the VA excluded my doctor's report. They did not weigh it incorrectly. They just put it on the shelf. The VA never listed the evidence they considered so I never knew about it until I got my C-File, and found the letter. It was stamped and dated as received before the rating decision was made. The lawyer explains it to me this way: If I win the CUE the VA will have to reweigh the evidence in the original decision to include the evidence they excluded. I guess I could still lose since the VA may decide that just because you can't work or are incapsitated only rates 10%. You know I have no faith in the VA at all. Them owing me potential big retro will skew the decision I have no doubt. Even if they just rated me 50% instead of 10% that would mean almost 30 years of retro. I am not counting on anything regardless of evidence or law.

[broncovet]

Carlie...

I am not advocating that a Veteran go tell his doc that he is unemployed, do nothing else, and then hope he gets TDIU...not at all, as you are suggesting. I certainly concur that a Veteran should indeed follow those extra steps..file the correct forms, attend C and P exams, etc., etc.

I also concur that the doc may/may not include that in the records, so it is best to not leave that to chance.

However, if the Veteran's doc did write in his medical report that he was unemployed (as mine did) the Veteran can cite Roberson that this medical evidence of TDIU constitutes an informal claim which would mainly apply at appeal when the Veteran is seeking an Earlier Effective DAte.

I am not advocating a VEt do a half fast job on his claim. Not at all. Veterans should fill out all the forms, and dot all the I's and cross all the T's. However, WHEN the VA shreds the evidence of the VEterans formal application for TDIU, the Veteran can appeal the effective date, citing Roberson and the Veteran's medical exam where the VEterans Doctor recorded that the Veteran was unemployed.

[carlie]

However, if the Veteran's doc did write in his medical report that he was unemployed (as mine did) the Veteran can cite Roberson that this medical evidence of TDIU constitutes an informal claim which would mainly apply at appeal when the Veteran is seeking an Earlier Effective DAte.

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

[broncovet]

Jay

As far as I know the "List of Evidence" is contained only in your Regional Office decision. If you do not have that, call, write, or email your RO and request a copy.

Carlie

I will quote Alex Humphry on June 25, 2007

You can get an earlier effective date on TDIU if the vet tells VA at the time that he is unemployed. Under Roberson, this constitutes an informal claim for TDIU, which will act as the effective date if this benefit is ultimately awarded.

Reconsideration is generally a waste of a veteran's time.

Alex

[Pete53]

Bronco

Thanks for your post.

Pete