What Should I Do -Cite-Add Smr Evidence Again?

[rootbeer22]

Folks:

Recently, I did some C & P exams and a lot of what I said to the examiner, never was considered or mentioned in the exam results? So, I was thinking about submitting a new "statement of support" for my claim to fill in the Gaps for the raters? For instance, on a few of the contentions, even though I had clear SMR evidence for the incident and when/what happened and on the day it happneded, he never mentioned or commented on the actual SMR that was provided to him? Although this is my first claim and an FDC, I'm not sure if I want to delay the entire process again by adding the same evidence in again? But, I figure the SMR evidence needs to be cited again even though it's already contained within the general evidence of the claim anyway? So, is it better just to let it go and hope that the VBA rater catches/sees the SMR evidence for the contention or just file a CUE when I get the results of the final claim if I get denied? Or is it better to risk the claim being taken out of the FDC process entirely and put into the regular claims process to ensure that proper SMR evidence is considered/cited for the claim? The claim is close now to being a year old now?

[SeattleShay]

I can't believe that you haven't gotten a decision yet... oh wait, it's a Seattle claim

I constantly read on here and the other board I'm on about claims being decided within days after the C&P's.

Don't send anything else in at this point, it will probably set you back

6-12 months...

[rootbeer22]

SeattleShay:

Thanks for the advice, I guess the issue is of risk and futher delays-and if the delay is worth extra time that it would costs? I would prefer to have it done right the first time out if possible? But I'm really concerned that a lot of my SMRs are handwritten by doctors and it does not appear that they are as easy to read as the typewritten notes? So, hopefully, all of the SMR records are getting a closer look to see if they have relevant connection to my contentions? But, even when I had a specific record with a clear nexus to the contention, it was not cited and those were typewritten medical records. Who knows, maybe they are going to catch all of this during the final eveidence review? After all of the reserach I've done, it appears that anything that's not absolutely and easily accessible, has a less chance of weighting on on a contention? Certainly, you can cite it later but everythihg has a cost in terms of time? The new VBMS System and digitization is supposed to solve this issue and my claim will be a very good test of the system? About half of my records and some of the most imnportant records are handwritten and we'll see when I get the final outcome and see which side of the table my claim results fall on.

Edited March 23, 2015 by rootbeer22

[broncovet]

Ok. Here is the deal. You send the evidence again, and it delays you a month at the VARO. Or, you can NOT send it and it will take about 4 more years at the BVA. You choose. Theoretically, you should "not" have to send it in again. Was it paper or did you send it to one of the two RO's where it is scanned in? If it was scanned in, can you see it on ebenefits? If its there, then dont bother.

[63SIERRA]

Dealing with the VA is like mixing a bunch of paint in a bucket, and throwing it against the wall, you never know what you will get.

There is no science to thier shenanigans

[Berta]

I agree with Broncovet.....a little more time at a RO can save YEARS in the BVA Remand hamster wheel.

If they do not acknowledge probative evidence that they have, it is a violation of 38 CFR 4.6.

ROs often deliberately ignore probative evidence, so they don't have to make a decision that could lead to an award.

This way the vet has to appeal and go to the BVA, and the claim is off someone's RO desk for years.

"I would prefer to have it done right the first time out if possible? But I'm really concerned that a lot of my SMRs are handwritten by doctors and it does not appear that they are as easy to read as the typewritten notes? "

I typed out what handwritten SMRs say for vets years ago, and they sent that with the SMR copies.

I also typed out what an extensive Psyche exam stated for my husband, handwritten by the VA Shrink,years ago as well as extensive handwritten MRI notes and other stuff in the med recs.

Years ago I remember copying and highlighting with magic markers, entries in SMRs they had missed when I did volunteer work for a vet org..

I cannot get any info anymore at ebenefits. I get a message that says there is an error with my application...????

I think maybe this is because my claim is at VACO.

But isn't there a button or something at ebenefits whereby you can submit more evidence on line with them?

"Who knows, maybe they are going to catch all of this during the final eveidence review"

I used to believe that 20 years ago when I first become a claimant.

I had been suffering from an illusion.

[georgiapapa]

This is a perfect example of where a potential claim problem could be resolved if the claimant and the VA rating official were allowed to meet in person or at least communicate by telephone. If rootbeer had a pending claim at SSA, he could walk in the door at SSA and meet with someone who has computer access to his file or he could call the SSA by telephone and discuss his claim with someone with computer access to his file.

If the VA allowed claimants and VA rating officials the ability to talk in person or by phone, think of how many problems with claims would be corrected at the RO level. I would think this would result in rating decisions being faster and fewer claims going to appeals. For some reason, the VA does not want direct contact between claimants and VA rating officials. I can't figure this out. JMO

GP