Claim Evidence Interests

[cowgirl]

a. looking at my last decision NOD/DRO the evidence only lists three items. It referred to orginal claim and two other peices of information I submitted. By the grace of God the claim was decided correctly. Like I can return to the first claim submitted and see exactly what was submitted and what they considered? hmm...not telepathic here.

Caution for people like me who occasionally 'assume' that the VA does use all VA available records - they don't. Or at least it didn't show on the 'evidence'. I've read enough posts and dealt with enough of my claims to know thats true. I cannot validate they use, read or notice anything I submit as evidence for my claim. There has been few times my VA medical/clincal records have shown in 'evidence' - yup, the times I submitted the pages. well, I don't know why.

Additionally, from the time the denied decision, NOD submitted and the long processing wait, several VA medical/clinical records had changed in the MEANWHILE. So it was up to me to bring the processors up to date on all the previously submitted evidence and or submit new evidence even though my records are worked, maintained and accessed by the VA medical center and VARO.

Submitting a claim, getting a decision, affirmed or not-affirmed doesn't lessen the work and follow-thru 'ME' the vet has to do.

A cover page, listing every sheet of paper, every subject matter and date telling the Rater what is being submitted is a good way to go. Tell them what you are going to tell them and tell them again, index by page number. Highlight only pertinent facts that support the medical diagnosis. And if need be, type up a lead statement on every page., delivering this Evidence for Cowgirls claim (increase, service connection, IU, etc) submitted to VA at such&such an address NOD dated xx/xx/xx. May sound paranoid, but to be sure - initial and date the statement in blue ink.

Wishing the best for each and everyone.

Just thinkin'

[*Bergie*]

a. looking at my last decision NOD/DRO the evidence only lists three items. It referred to orginal claim and two other peices of information I submitted. By the grace of God the claim was decided correctly. Like I can return to the first claim submitted and see exactly what was submitted and what they considered? hmm...not telepathic here.

Caution for people like me who occasionally 'assume' that the VA does use all VA available records - they don't. Or at least it didn't show on the 'evidence'. I've read enough posts and dealt with enough of my claims to know thats true. I cannot validate they use, read or notice anything I submit as evidence for my claim. There has been few times my VA medical/clincal records have shown in 'evidence' - yup, the times I submitted the pages. well, I don't know why.

Additionally, from the time the denied decision, NOD submitted and the long processing wait, several VA medical/clinical records had changed in the MEANWHILE. So it was up to me to bring the processors up to date on all the previously submitted evidence and or submit new evidence even though my records are worked, maintained and accessed by the VA medical center and VARO.

Submitting a claim, getting a decision, affirmed or not-affirmed doesn't lessen the work and follow-thru 'ME' the vet has to do.

A cover page, listing every sheet of paper, every subject matter and date telling the Rater what is being submitted is a good way to go. Tell them what you are going to tell them and tell them again, index by page number. Highlight only pertinent facts that support the medical diagnosis. And if need be, type up a lead statement on every page., delivering this Evidence for Cowgirls claim (increase, service connection, IU, etc) submitted to VA at such&such an address NOD dated xx/xx/xx. May sound paranoid, but to be sure - initial and date the statement in blue ink.

Wishing the best for each and everyone.

Just thinkin'

Cowgirl,

This is very good advice and something that all vets should do. It is info that every vet learns at some point if they deal with the VARO long enough. I think it is sad that we, the vet, have to develope our own claims and then submit the finished product. For me this has become the norm and something I advise every vet I know to do.

Thank you again,

Bergie

[carlie]

Just as an added note to remind:

Be sure your claim # is on EVERY page.

When a rating decision is made and you are replying back to

the RO/BVA - be sure to look on the cover letter for

the part that states:

Example

In Reply Refer To:617/VSC/POST4/rn

C XXX XX XXXX

Last name, first, mi

Put this reply to info, at the top of your reply, so your info doesn't have to

go to an area, where someone at VA has to stop and figure out where it's

supposed to go.

When you get a Rating Decision or Remand, I suggest reading it over, in full

at least 5 or 6 times to truly understand what it is that VA has said.

Reason and Example

Lets say the denial was based on either A, B or C.

The first time you read the decision, all that hits you is danged, denied !

Second time you read the decision what might hit you is,

How can VA deny me due to reason A -

emotions kick in - anger -feelings of betrayal -

Reason A is due to lack of medical evidence ______

and I know I submitted that evidence!

Third time you read the decision -

AWE CRAP, yea, that medical evidence is listed in the Evidence Section

and the decision maker did discuss it in the Reasons and Bases Section.

Fourth time you read the decision -

OH - I understand it differently this time. They denied me due to Reason C.

Now - you are just starting to really understand the decision, what laws/regs

the decision maker applied OR DID NOT APPLY - and from this point you can

start forming a NOD or whatever you decide, will be your next step.

jmho,

carlie

[chr49]

Carlie,

Great advice. I know I'm saving it for future reference....Thanks again.

[Pete53]

Also number the pages and if you set up your printer you can make a header that gives the name claim number ect and you can save some typing

[Berta]

This is all GREAT advice from everyone here.

I live near a local VAMC and have found that many vets get so upset with their denials that they cannot really handle the NOD etc-until they calm down.

I should talk- many times I got angry and cursed like hell when I got some stupid denial letters with some half baked rhetoric in them over the past 15 years.

Only when I took the time to calm down could I read it all over and then develop the plan of attack.

Two vets I know locally actually came here in one case and called me in the other case-POed at their decision but they had WON!

They were so used to denials that although they didnt succeed in getting TDIU-they both got higher ratings- and all they saw was TDIU denied and got pissed because they didnt realize they had gotten an increase in their comp.

Both have TDIU now and one has SMC as well.

Also I use those address labels you get when you donate to the AHA or many vet groups.

When I have had considerable evidence in the past-that I sent to the BVA as well as the AMC (I didnt trust VARO to send the BVA everythong because they (the RO) had ignored it all anyhow)

I always was glad I had donated here and there to these vet groups because the address labels were needed to put under my C file number on every single page.

But it is easier to do what Pete said - have a template that you can use over and over again.

Everyone here gave superb advise-this is important stuff.

[cowgirl]

Been times I submitted evidence through VSO and they used a cover letter 'veteran is submitting additional information to support their claim'. Makes no sense. What claim? What 'information'? From who? If the VSO doesn't know what was submitted, how many pages, etc - no liability. Also, my VSO does not make copies of anything they submit for me. Maybe thats regular operations, but doesn't pass the cya test to me or for me. VSO is a nice channel to have ne'r the less.