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

[JT24usn]

It could be that your rating decision or Ten days was up before your Str's Made It To Your folder. It took almost a month for my 4138 to get from the mailroom to my folder. Maybe the deferral is a saving grace and the str's will be associated with your folder for the deferred Decision. This will make them have to relook at all Conditions if that is the case ( that the str's didn't make it to your file in time). Received is One thin associated with file is another. I still dint think it will hurt to ask fro a reconsideration on thenpartial Rating while the rest is still going. Jmho.

[Berta]

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

And ask them to call a CUE on themselves.

VA doesn't let widows use ebenefits so I am not familiar with that- can you print out what they said from the ebenefits site and use it (as well as your Proof of Mailing) to show them they were wrong and should have considered the STRs?

Do you have a vet rep?

[bakerkd]

Sent request for reconsideration. Stated that I responded to the "10 Day letter" and provided STR's before 10 day suspense. Mentioned that STR's had been in possession of the VARO for 4 weeks prior to the decision date and that they acknowledged receipt on that date.

Edited October 20, 2011 by bakerkd

[john999]

If the VA had your service medical records and did not review them in your decision that would be a CUE. It seems absurd that they would not use your SMR's if they had them in their possession, but they are in a great hurry and are lazy. Are you filing for TDIU?

[bakerkd]

No TDIU. Just trying to get a fair shake on what I claimed