ptsd Mystic W/ Ptsd, From Rape,coerced Abortion, Hurt Back,fibro...more

[mysticcherokee usn vet]

Hi, Im bewildered by all of this. I feel brain damaged with the ptsd, how do yall remember all of this stuff. I really dont know what Ill do, if they turn me down again. Its been a tough row to hoe, no sht. Im lucky to be alive, because Ive tried the other way, not my time I guess.

Will a congressional oversight help or hurt more.

[carlie]

When I get notice that they will open my claim back up, whats next as far as my duty to assist:

At that time can I send my OTHER drs. letter in, and my smr's, taht I feel are relevant. Tho they havem they obviously haven READ THEN GOSH DARNIT!, so the set hav is more condensed.I took out the common cold, etc, so that just pertinent stuff is in there.

Thoughts, opinions? I tried to access Susans site, but havent had any luck. I really want to go there too, and join. She and I could be kindred spirits for all I read thats similar to my experience, in her Bio. STRONG ADMIRABLE WOMAN! Mystic

The VBA has the "Duty To Assist", not the claimant.

The claimant has the responsibility to submit whatever the VBA requests.

For the VBA to "reopen" a claim - the claimant must submit (the VBA's definition)

of "New and Material" evidence. It can not be duplicative evidence already considered

and it can not merely be "cumulative" evidence - basically the same evidence, but just stated

by a different medical provider.

JMHO

[mysticcherokee usn vet]

its new, its new

[carlie]

Here's an example and more info.

http://www.va.gov/vetapp11/Files4/1140390.txt

New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim. 38 C.F.R. § 3.156(a) (2011).

Only evidence presented since the last final denial on any basis (either upon the merits of the case, or upon a previous adjudication that no new and material evidence had been presented), will be evaluated in the context of the entire record. Evans v. Brown, 9 Vet. App. 273 (1996).

For the purpose of establishing whether new and material evidence has been submitted, the credibility of the evidence, although not its weight, is to be presumed. Justus v. Principi, 3 Vet. App. 510, 513 (1992).

[mysticcherokee usn vet]

Althought it would appear they refuse to even read my redundant smr's, from the git go, but:

I have a letter to send in thats from a doctor been seeing me about 3 years. I didnt send his letter in with the other two doctors', as he initailly listed just things like orthopedic condition, spinal conditions, then fibromyalgia, no mental.

Heres the thing, when I got the letter they said" if theres any tweeking needs to be done, dont hesitate to ask"..., and I did.

I asked them to name conditons w/out codes of course, and sent the request to reopen claim for appeal without the 3rd letter. When is the best time to send the 3rd REVISED letter in. Thanks! Mystic

Edited February 6, 2012 by mysticcherokee usn vet

[mysticcherokee usn vet]

I found the case Evans vs....., but could make no sense of it. Im at a disadvatage here, as I dont speak legalese, however I get the impression that I need to learn it, and my brain doesnt work that way. How do folk ever get their scd, if they dont understand case law?! M. shakin my head

[carlie]

I found the case Evans vs....., but could make no sense of it. Im at a disadvatage here, as I dont speak legalese, however I get the impression that I need to learn it, and my brain doesnt work that way. How do folk ever get their scd, if they dont understand case law?! M. shakin my head

I just posted that link for you to see info on N&M evidence - no need to try and study Evans.