Quick Question

[ruby]

Does anyone know where it says they must list all the evidence in a rating decision?

Is there a rule or decsions that says the evidence not listed in the file is considered reviewed.

Is there a rule that says all probative and creible evidence must be listed in the evidence section on the denial and/or discussed in the reasons and bases.

In other words I believe I have read where not all evidence must be listed it is assumed that if the evidence is in the claims folder it was considered. Is this correct?

Thanks

[john999]

I know there is a regulation that says the VA must consider and review all evidence in a vet's claim before making a decision. If you have important evidence that is in the hands of the VA and they make a decision without listing or referring to your evidence how can you know they reviewed it. This would mean the VA could just pick and choose which evidence they decide to consider based on whim or bias. That would be violating due process. I filed a CUE claim on a final decision in which the VA did not consider crucial evidence in my original claim. It was a medical report that said I was 100% disabled. The VA did not consider it and gave me 10%. It took forty years but my lawyer and I filed the CUE. We will see how this breaks because the BVA is going to decide it. If the VA can get away with just ignoring evidence then every claim is just like the lottery.

[ruby]

I know there is a regulation that says the VA must consider and review all evidence in a vet's claim before making a decision. If you have important evidence that is in the hands of the VA and they make a decision without listing or referring to your evidence how can you know they reviewed it. This would mean the VA could just pick and choose which evidence they decide to consider based on whim or bias. That would be violating due process. I filed a CUE claim on a final decision in which the VA did not consider crucial evidence in my original claim. It was a medical report that said I was 100% disabled. The VA did not consider it and gave me 10%. It took forty years but my lawyer and I filed the CUE. We will see how this breaks because the BVA is going to decide it. If the VA can get away with just ignoring evidence then every claim is just like the lottery.

And that's the truth. It is a lottery depending on the rater. I am trying to find if this is true because in my denial they negated all my medical opinions except thees and they never address them in the denial. They are in my file.

[jbasser]

http://frwebgate.access.gpo.gov/cgi-bin/ge...3&TYPE=TEXT

[Philip Rogers]

If the evidence wasn't listed, in the evidence portion, of the decision, it wasn't considered. Never make the assumption that because you submitted evidence, to the VA, that it is in your c-file. Also, if your evidence is discounted it must be discussed in the "reasons and bases" section as to why it was discounted.

pr

[Berta]

100% RIGHT!!! and this cannot be stressed enough- I just made this point in the Streamline claims process topic.

If it isn't listed -they never considered it at all----

[carlie]

In my opinion, if it's not listed in the Evidence Section

and not discussed at all in the Reasons and Bases Section

then it's like it was never submitted or received, like it

never happened.

Of course the above wasn't even an issue in the 70's

because they had no Evidence or Reasons and Bases Section.

Back then we simply received piss poor narratives.

jmho,

carlie

In the 70's the Rating Decisions showed.

J. for Jurisdiction

I. for Issue

F. for Findings