Screw Up?

[rmoreno]

So, I got my BBE in the mail two weeks ago. I was reading through it, and it makes no mention of my scoliosis in the paperwork. Not even a 0% rating. The doc made it a second diagnosis and it says in his the paperwork that it is service connected. How would I go about taking care of this?

[TiredCoastie]

If you have submitted medical evidence of said disability ( scoliosis) and they never recognized it in their decision

Appeal it with NOD.

However like Ms Carlie mention re-read your decision letter '' (reasons and bases

jmo

wow , just seen this was posted back in June 2014...duh probably have your claim decision by now?

Buck!

I agree with Buck. Your best option is to file a NOD. Your situation isn't a CUE, at least at this point because the appeal period isn't closed yet as one off-the-cuff reason. AskNOD has written a lot about the unmentioned conditions in claim decisions and SOCs/SSOCs, and I agree with him. The RO's lack of mention is effectively the next thing to a denial or a "silent denial." The RO was presented with evidence of a disabling condition that was service connected, but the RO chose to not work it up perhaps because it wasn't maybe on the list of conditions on your claim form.

HOWEVER, if you choose to let it go at this point, then it's a done deal denial after a year.

Just because you file a NOD does not mean that you'll have to wait for upteen years to get a response via the BVA. The first thing the RO will do is redo the claim decision. If you submit N&ME with your NOD related to the scoliosis dx with a firm nexus (yes, it would be a second nexus statement), you'll definitely get that relook through the RO and already be lined up to take it to the next level if they don't grant you SC and rate you at the appropriate level. But even without the N&ME, they'll do it. You'll need to be very specific in your NOD form/letter that you disagree with their lack of a decision despite having been presented with evidence of a disabling service connected disability.

Your other option is to submit N&ME associated with the claim just closed which will trigger another look but without lining yourself up through the appeals department for DC. Seems like there are a number of vets on hadit who have done this successfully. I'm not one of them, so maybe one of them will chime in. I think they pile on the N&ME year after year until the sheer weight gets the RO to buckle under and admit that, yes, there is a disabling service connected condition.

In my case, I have had several TIAs. The big issue is an identification of the underlying condition. I had a doctor provide that, and the RO did not even mention it other than list the DBQ in the list of references in the SOC. I think they blew it off completely in the claim decision. So I made sure to include that condition in my NOD then Form 9 and demand that the VA grant SC for this condition and rate it appropriately. The VSO did not list this condition on the form for the "reconsideration claim" which is probably why the RO decided that they didn't need to work it up. What I have, so far, gotten out of the RO via this process are EEDs for a couple of conditions. And it seems like the RO pulled my appeal back instead of sending it to the BVA and did something with it, so *hopefully* that's going to be good news.

In their defense, the raters at the ROs are still being pushed to move claims faster than fast to drive down the claims backlog. If there's a shortcut they can take, don't be surprised if they take it. It's part of that effort to shift the claim decision backlog to the BVA.

[Fat]

Good advice Tired Coastie and Buck 52..............

[carlie]

Old topic.

[MarkInTexas]

Old topic.....but I'm a middle-aged poster.

:-)