Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Available Subscriptions

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Searches Community Forums, Blog and more

  • 0
Sign in to follow this  
acesup

Aha! Now I Get It, I'm Just Kinda Slow! C&ue?

Question

After reading my Decision Letter for the umpteenth time, as well as the NOD my new NOVA attorney filed, I finally see exactly why she was giggling like a schoolgirl as she read it.

In the "Evidence" section, they list all of the evidence, IME/IMO "nexus" letters, statements, etc. that I supplied.

In the "Reasons for Decision" section, in addressing denial of each claimed condition, they claim that the C&P examiner NP reviewed my private medical records, service treatment records, and VA treatment records.

Then, for each condition, the next paragraph states in part "Service connection is denied because there is no evidence that your ______ is caused by, aggravated by, or a result of your SC disability...".

OK, I finally see the error (repeatedly) that was so funny. "There is no evidence..."!!! Say WHAT??? So what about all of the evidence I submitted? What is that, chopped liver?

Now, I could understand words to the effect that "evidence in claimant's favor was not strong enough to refute the examiner's opinion" or something like that, but they are saying "NO evidence".

So, obviously, in his own words, the rater failed to consider and/or outright dismissed all of my evidence.

Will the DRO call C&UE on this?

Share this post


Link to post
Share on other sites

Recommended Posts

In short the RO screwed up with the No evidence statement. What a DRO will or will not do is open to question.

I'd likely file an NOD and cite the RO's failure to consider positive evidence, despite the listing of it..

The other question has to do with the VA C&P examiner, and medical qualifications in relation to the doctors that gave favorable opinions.

A VA C&P examiner may be only an NP, PA, or even a doctor without qualifications, or specialization in the appropriate fields.

You can always file CUE, but have a limited time to file an NOD.

As to requesting a DRO review, I once did so, several years ago, only to have the DRO "rubber stamp" the original denial. The turnaround was so fast that

it was rather obvious as to what actually occurred. One would hope that things have recently improved, but there is no guarantee.

A recent Nehmer review completely reversed the denial, and resulted in more retro than what would have been paid if the claim had been approved in the first place.

Share this post


Link to post
Share on other sites

Ad

Will the DRO call C&UE on this?

This would not be a situation for the DRO to call a CUE on.

The DRO has the opportunity and authority to review all of

the evidence of record and make a new decision if warranted.

Share this post


Link to post
Share on other sites

Then, for each condition, the next paragraph states in part

"Service connection is denied because there is no evidence that your ______ is caused by, aggravated by, or a result of your SC disability...".

What I underlined and put in red - is related to secondary conditions.

FWIW - I do not think evidence in SMR's are considered for issues

that are secondary to SC'd conditions.

JMHO

Share this post


Link to post
Share on other sites

Maybe I'm missing something, but it seems to me that the rater isn't saying the evidence was weighed and then I was denied. It seems that ONLY the evidence supplied by the C&P NP was considered, and my evidence was ignored as if it did not exist. "NO evidence" .

I can't imagine that this is standard language when there in fact is VERY MUCH evidence, am I wrong? Even if the evidence was weighed and then I was denied, it shouldn't say "no evidence", IMHO. But who can understand a massive bureaucracy? Not I.

Share this post


Link to post
Share on other sites

yeah, I noticed they have a huge rubber stamp that just stamps everything 'no evidence' they probably stamp their toilet paper no evidence too... how they get away with that act is criminal.. abusive.. and a pre-meditated lie..

post-5809-0-94624000-1322237681_thumb.jp

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 1 reply
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines