How To Index And Explain Your Evidence In Your Claim

[Rockhound]

I'm working on my letter in support of my claim and would like to know if anyone can help me out?<br>I know that a list or index of my evidence I plan to use is a given, but do I let the evidence speek for itself <br>or do I give my reasoning as to why it supports my claim?&nbsp;&nbsp;At present I only have a couple of IMO that are backed by testing and by observation opinions and evidence that rebutts previous reason and basis the VA used to deny the claim in the past. <br><br>Anyway, could use some help on my presentation methods.<br><br>Rockhound Rider&nbsp;&nbsp;<img src="http://www.hadit.com/forums/public/style_emoticons/default/cool.gif" class="bbc_emoticon" alt="">

Edited August 20, 2010 by Tbird
changed endex to index

[Berta]

I don't feel medical Evidence should be sent and then expected to speak for itself.Maybe this example will help

When I filed my AO IHD death claim last week-I stated exactly what award I expected from VA - a proper rating on the IHD and his CVA and then a proper SMC consideration as an accrued benefit.

I also referred to (didnt attach this as they have it all) their recent decision, the BVA award, and reminded them of a pending claim for SMC under 1151 in appeals at the same RO for past 6 years -which would become moot when they properly award this new claim.

Then I stated I had enclosed the following evidence of my husband's IHD which should be rated at least at 60% for a specific period then to 100% and asked for his CAD to be rated as secondary.I reminded them that under 39 USC 1114- With his 100% SC PTSD award that warrants SMC consideration.His AO exposure was confirmed long ago.

My point here is that they often need positive concise direction from the vet or widow as to why they should award.

I listed about 12 exhibits, proving from the clinical record and other documents that Rod had IHD back to 1988 and I reminded them that I was denied in the past for a IHD claim ( and then rattled off a brief Nehmer provision citation on that)

Then on top of page two (a 4138 should be short-they cant handle long renditions)I got above stuff on one page-

I re stated for them the 3 expectations I have based on the medical evidence and the regulations within 38 USC,CFR and Nehmer:

1.Proper rating and award for IHD due to AO as causing death.

2.Proper rating and award for CVA as secondary to IHD and the medical expert IMO statement to support that

3. SMC as a posthumous and accrued award to me under the Nehmer Court Order.EED 1988.

Basically this is a template to state what you want,

then to list and enclose evidence that you feel would warrant award of what you want

and to have a chance =to remind them (such as in any AO claim) of any past denied claim for the disability that is now presumptive.

It has to be short and concise.It should be shaped help them to prepare a VCAA letter easily.The faster a VCAA letter comes and a claimant responds to it-even if they ask again for what the claimant already sent to them-the faster they can work on the claim.In my opinion.

I just caught this---

"At present I only have a couple of IMO that are backed by testing and by observation opinions and evidence that rebutts previous reason and basis the VA used to deny the claim in the past."

If these IMOs are new evidence VA has never seen before or rejected, and they follow the IMO format hear with a full medical rationale, this might be all you need to send them as support for the claim.

"only a couple" of IMOs ? WOW most vets have no IMOs= why have you held off sending them ? Are you still within time to respond to a SOC or SSOC?

SOC- 60 days, SSOC 30 days.

[Berta]

Disregard my post but it could help someone else out there-

Yes those IMOs as evidence could speak for themselves if they fully support the claim. And comply with the IMO crteria,They could be submitted with a 4138 as a cover letter saying they are enclosed.

I read too fast sometimes and missed the IMO part of your post- so I apologize to you.

Did these doctors add a Curriculum Vitae or give VA some statements as to why they have expertise to opine on your claim?

[john999]

I think "concise" is a key factor. Long winded and complicated explanations will just not be read. Is this an appeal or a new claim for increase?

[Rockhound]

One of my IMO' was done by a psychologist hired by the VA to do such testing, it was a referal from my PCD. Their opinion was backed by and accepted current medical studies on the subject. It supported their opinion on how it had gone undiagnosed for so long and also refered to medical findings at the time in service, how the VA mistakenly diagnosed it as a PD when it should have been looked at as a PD casused by a general medical condition. The rest of my evidence goes to show how my good service and medical and psychological testing showed no PD prior to the Medical condition, a TBI with testing that showed results to support the medical findings, also showing a history of symptoms over the ensueing years and how it had increased to the point it is now.

Some of this evidence has been presented in tha past and the claim being denied. My fault for not knowing how to follow through with the claim during that time nor how to properly present it to have any affect.

This evidence I speek of is personel records, personal evaluations, schools attended, GED award, and other self improvements during my time in service and before my psychological problems arose and also before the TBI occured. Plus the fact that the VA didn't look upon minor head injuries that they could not physically see the physical results of the injury, their was nothing their for them to believe you had any symptoms to fine you disabled for. Now things are a bit different and more research and studies have come about to show that even a minor TBI gone untreated can cause injury sufficient to award a disability for.

I've been trying off and on for the past 30 years but have only been able to document further my illness and injury, going for what was easiest to get some award for but now I am tired of waiting for the slow pace the VA is taking on a symple claim that I have decided to formulate this more difficult claim and present it as soon as I can get something down on paper to make it clear what my claim is and what it is for.

It's just that I find it very hard to idealize things in my head anymore. I found even with a symple claim, if you don't present it right, you end up waisting valuable time correcting the VA's misconception of what the claim if for and albout. Just an example, my current claim in the process was looked at as has a medical basis and it insteas should have been looked upon for what the physcal findings determined the causation.

I don't know if I am making much sence right now, Add one new pill to my already bunch of pills and it takes me a bit of time to get accustom to new side affects, I sure most of those reading this will understand. It's times like this when you know the VA is going to ahd has taken advantage to deny claims and or to loose things and such, make it near imposible at times for Veterans to get an even break.

Got to go

Rockhound Roder

[Berta]

"that I have decided to formulate this more difficult claim and present it as soon as I can get something down on paper to make it clear what my claim is and what it is for."

Simplify it as best as your can Rockhound.

You have made good points here for others.

I had to write my 2003 AO death DIC claim very carefully so they would not reject the claim- because I already received 1151 DIC.If they did not interpret page one correctly ,they would not have gone onto page two and would have denied it right off the bat.

I even had problems with an 800# rep who insisted =-after my claim had been at the VARO for over a year,and had sent responses to me - trying to convince me at the 800# that I had no legal basis for the claim.

All I wanted was a status but she would not give me one saying they would deny it anyhow.I filed a formal complaint against her with VACO and Sec Shenseki.

What if I was a widow who didnt know any better and accepted why she said and gave up.

She had over stepped her bounds but it goes to show how careful we need to be in wording our claims.All she saw was 1151 DIC being paid and would not give me the claims status for the 2003 direct SC death claim.

I managed to keep editing my new Aug 2010 IHD AO death claim and got the most important stuff on page one of the 21-4138.

I added an Evidence list and tabbed the Evidence as Exhibit A, B, C, with brief description of each piece.

My philosophy is you have to present a claim to them like a 10 year old is going to read it.And keep it as short as possible.

Edited August 20, 2010 by Berta