Big Brown Envelope... Big Questions

[bakerkd]

Got my decision today was rated 70%. Was reading through and amazed at all of the "no evidence of current diagnosed disability" and I was flabbergasted. Looked at evidence section and it shows "Memorandum of unavailability of service treatment records" Here is the kicker; I sent them my STR's which they acknowledge they recieved on 15 Sep and then on 13 Oct they rated me without using my STR's. Is that a CUE? NOD? Can it be new and material if they had it in their possesion for a month prior to decision? I'm confused and a little upset. Not too upset though, I hit 70% without any records. I knew something was up; I just sent in an NCS study showing moderate radial nerve impingement which has been referred for surgery and they gave me a noncompensable and told me it needed to at least be mild to get a 10%. It was mild.... in 1998... now its moderate. UGGHHHHHH

[sharon]

"no evidence of current diagnosed disability" means that while you may have been treated for it while in the military there is no medical evidence that you have it now. For example: You were treated for depression while on active duty. You are now claiming Major Depressive disorder. Where is the medical evidence that you have it. All you have to do is send in the medical report that diagnosed the condition. It is not enough to just say I have it.

[bakerkd]

"no evidence of current diagnosed disability" means that while you may have been treated for it while in the military there is no medical evidence that you have it now. For example: You were treated for depression while on active duty. You are now claiming Major Depressive disorder. Where is the medical evidence that you have it. All you have to do is send in the medical report that diagnosed the condition. It is not enough to just say I have it.

And how would they know that without doing a C&P or reviewing my STR's? That would be the whole "evidence" of a current diagnosed condition. They rated my claim without my STR's and only rated me on the few items they bothered to send me to a C&P exam for. I have an incurable neuro condition, its in my STR's but I never was sent to a Neuro C&P. There is ample evidence in my STRs but because they didn't review it then i guess it doesnt exist. Does that mean I'm cured? I understand what you are trying to say but I think you are missing the point. If they reviewed my evidence and determined it was acute with no residuals then I would buy what you are saying, unfortunately that is not what happened in this case

[sharon]

Ask for a reconsideration based on the medical evidence contained in the STRs If the reconsideration is not completed within the time limit for your appeal rights file a NOD. A C&P exam is not mandatory. Diagonises are not made at the exam. It is a bench mark of where your condition is for the rating. Good Luck!

[bakerkd]

Ask for a reconsideration based on the medical evidence contained in the STRs If the reconsideration is not completed within the time limit for your appeal rights file a NOD. A C&P exam is not mandatory. Diagonises are not made at the exam. It is a bench mark of where your condition is for the rating. Good Luck!

I know that I diagnosis isnt made at a C&P. The diagnosis and years of treatment are in STR's. I actually had noncompensables assigned 0%, how do you determine severity without medical evidence or a C&P?They actually stated my condition was mild and what i would need to get a compensable rating, how was the rater able to determine that?

Edited October 20, 2011 by bakerkd

[JT24usn]

I know it may have said no str's but they would have had to notify you before the decision that they were unable to locate you str's and give you ten days to respond with something else (as stated you sent in a copy). If you didnt receive the letter that I am talking about then A. It was a typo on rating decision and you copies were used, or B. You never received the 10 day letter stating they were going to rate your claim without it (str's). In the second case they might have stewed up if they didn't notify you that they were intending to decide your claim. So, they either had them and didn't lust them or they sent you a letter notifying you and then decided. I would look into what is in your record AKA. FOIA )freedom of information act). Jmo

Or C. Send back in a copy if your str's and ask for a reconsiderAtion if it's not too late.

Edited October 20, 2011 by T8r

[bakerkd]

I know it may have said no str's but they would have had to notify you before the decision that they were unable to locate you str's and give you ten days to respond with something else (as stated you sent in a copy). If you didnt receive the letter that I am talking about then A. It was a typo on rating decision and you copies were used, or B. You never received the 10 day letter stating they were going to rate your claim without it (str's). In the second case they might have stewed up if they didn't notify you that they were intending to decide your claim. So, they either had them and didn't lust them or they sent you a letter notifying you and then decided. I would look into what is in your record AKA. FOIA )freedom of information act). Jmo

Or C. Send back in a copy if your str's and ask for a reconsiderAtion if it's not too late.

I recieved the 10 day letter and immediately notified them that I was sending in STR's. The had them within 3 days of their 10 day letter. They state on the evidence page that they didnt have STR's and then denied loads saying there was no evidence. My ebenefitts shows the notification i sent in response to 10 day letter and then shows receipt of STR's 2 days later. The claim is still open because I have one deferred item