To Slim And Others

[Berta]

Sorry about that-

I forgot to attach this and also forgot what topic this was under!

I have too many irons in the fire these days!

DMII_VA_Training_Letter.doc

[Guest terrysturgis]

Betra, sometimes it seems repetitious to list attachments like the DMII traning letter but it sure helped me to get my 100% P&T. If I knew how to do it I would have given the information to JANGRIN in my ealier post on DMII and PN. Thanks for all you do! Terry Sturgis

[Berta]

Terry-thank you too!

I dont say this enough- Everyone here contributes to the sharing of info at hadit and every post reaches someone out there who might never post here, but can get a good suggestion for their own claim.

Our individual experiences with VA helps others and we have all been in the VA waiting game-

which-in my mind- adds additional and uncompensatable stress to a veteran. Comradery sure helps with the frustration of it all.

It does seem repetitious to send VA copies of their own regs-

But I sure have done this many many times-

I figure they might not want to click on the actual reg themselves-at the VARO- and then read it-

or maybe they will read it but not associate the proper reg with the claim.

In any event- I hate using up all my ink and paper to copy some of this VA crap to send to them but when a VARO gets not only the claim and medical evidence, but also the very regs that say the vet should succeed-

they know the vet means business.

It can be invaluable to access and copy for VA the actual Rating schedule for ones disability and then refer to their specific medical evidence that supports a higher %.

Also on SMC claims- vets here have done this -

if a vet sends them the actual specific 38 SMC criteria they fit into and why- with the specific medical evidence to support it-

this makes the job easier in many ways for the VA-

On my CUE I sent VA regs, VA case Law, an OGC opinion and also references 5 BVA decisions.

They are skimming through claims so fast these days that I do not believe they fully have time to consider and apply proper VA law to them.

I copy from 38 USC 5107 ( and paste into VA stuff ,the Doctrine of Benefit of Doubt often too-

-To make sure they apply this reg or give reasons and bases if they dont.

The Doctrine states that when the evidence is equally for and against the claim, the veteran should succeed.

Also when the VA has two conflicting medical opinions, the veteran should cite 38 USC 5107 and state why the most favorable medical opinion should be given the most weight.

Caffrey V Brown 6 Vet App (1994) ,Gilbert V Derwinski, 1 Vet App (1990)

Edited June 13, 2006 by Berta