Va Claim Procedure: Evaluating Medical Documentation

[Fat]

When the VA decides a claim/contention:

1. Are they supposed to consider and document all medical evidence used when making a decision?

2. Only document the evidence used in making the decision?

3. Only use medical information "they consider pertinent" when deciding the claim?

If they don't properly use, consider, and document all submitted medical evidence, wouldn't this be grounds for a CUE?

Listening to some of the ELDERS on this board has opened my eyes to the CUE angle especially as it pertains to C&P exams. How can you make a decision when you don't consider and document all of the medical evidence forwarded?

Lastly, I want be more knowledgeable on CUE's and making sure the VA properly applies the regulation as it pertains to specific contentions.

Somebody point me in the right direction.

Maybe if I become more knowledgeable, I can hold the VA's feet to the fire and make sure they 100% do their part when evaluating claims.

This process seems to be more than just medical evidence, but also being legally and regulation smart to make sure they follow their own guidelines and not overlook steps when evaluating a veterans claims.

[VetlawUS]

That's a really broad question, but let me see if I can help steer you on the right path.

The VA is supposed to consider ALL evidence when deciding a claim. This includes both Lay and Medical Evidence.

Lay Evidence has a PURE RAW POWER that no other evidence has in a VA Claim (click the link to read more)

The analogy I make is this:

Lay Evidence is the Bullet (click to read more)

Medical Evidence is the Rifle.

Using one without the other has the effect of making your evidence less valuable or in some cases useless.

On the Veterans Law Blog, I talk about using "5-Star Evidence" - evidence that is probative, material, relevant, competent and credible - to prove up a claim.

If the VA, or the BVA, fails to consider all of the lay or medical evidence favorable to the Veteran, this should be included in your Appeal.

Filing a CUE claim is a "hard row to hoe", particularly if you have an easier path of filing an appeal within the one-year appeal period.

The key, in my mind and experience, has been to load your claim with Lay Evidence of symptoms and limitations, and "fire it downrange" with Medical Evidence that considers and talks about that Lay Evidence.

And hold the VAs feet to the fire by filing a NOD any time a decision fails to consider ALL the favorable medical and lay evidence in the C-File.

Hope that helps.

Chris

[vern2]

Please see some of my previous posts as had same question about VA examiner not reviewing or considering all the medical documentation that the claimant provides. Discovered that the VA can get away without reviewing ALL the evidence. I think this is wrong!

[Fat]

Thanks for the reply.