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?

[Buck52]

rootbeet22

You may want to wait and see what happens & see if your awarded your claim?, if denied,

NOD , ask for a DRO Hearing at RO & keep copies all your evidence & underline or highlight with color the parts you want them to read.

Also you can tell the DRO how your C&P went about the examiner not mentioning any thing about your SMR's ect,,,ect,,,that you feel he/she should have.

I ask for a DRO Hearing at my RO and it probably was the best thing I ever did I was lucky to have a DRO & Rating specialist at my hearing.

I Believe you can request a rating specialist to be present at your Hearing.

the worst that can happen is they might ask you if you are willing to take another C&P (just say yes ) but this don't NESSARILY mean they will set you up a C&P.

Sometimes the examiner's don't bring up some of the information that we think they need to do, but if its in your claim the rater may read it..we just never know? this could go in your favor.

I agree with broncovet and ms Berta & GP try to keep it at the RO level.

jmo

....................Buck

Edited March 24, 2015 by Buck52

[rootbeer22]

Folks:

As always,,,,great advice and thanks. I guess I was not prepared that this process would be so adverserial in terms of what is said and when it was said? I thought having strong SMR evidence would be key as in any court of law but a lot of it comes down to the examiner and if they listen..which then translates down to an exam that can be used to make a decision? Even with the delays, I'm inclined to provide the information again because unless it's used to make the correct rating decsion then, it's just another piece of paper in the file? It was astounding for the examiner to have the SMR that fully explains my incident - but never mentioned it? Also, to back it up, there was an x-ray that clearly showed the damage to one of my hands -but it was not mentioned at all? Also, it's my right and dominant hand that I use for work and its very important to me. The examiner asked if the injured hand affected me dressing myself and I said -certainly. But the comment says, "no issuses for dressing the veteran -which is just the opposite of what I said? Who knows, maybe the examiners are all right and the raters are going to see everything that they need to see for a proper rating - and there is nothing to worrry about?

[georgiapapa]

rootbeer22,

Veterans should be permitted to have audio recorders during the C & P exams so there is no doubt regarding the questions asked, responses given, etc. JMO

GP

[Buck52]

IT's just a 50/50 chance another examiner will be the same way?

After you get a decision look up the % in your contentions and see what the normal rating would be...if your claim is awarded but to not what you think is correct...File NOD

I think you were well prepared rootbeer22,

Its just that in some C&P exams unfortunately with some examiners there not so veteran friendly.

Even when a veteran mentions his/her contentions to the examiner they still write what they want to write and the not so veteran friendly examiner usually try's to get the veteran denied. (This you can mention at your DRO Hearing) and present your evidence you had to show the C&P Examiner that choose not to read it or mention your important contentions in his/her report. (The DRO should agree with you) especially when you have the evidence to back it up.

I would sure ask for a DRO Hearing if your denied or disagree with there decision.

if you keep adding evidence N&M Evidence or the evidence you have with complete SMR's your claim'' could'' take years sitting in the mail room at your RO or in the back of some ones desk just sitting there....not saying this will happen but it has to a lot of veterans.

If you feel its better or incline to present the information again that's totally up you bud!

Good Luck!

...................Buck!

[Buck52]

I agree with georgiapapa Thats good Ideal!

................Buck

[rootbeer22]

Folks:

All..thanks again for your support. Who knows maybe, the system will work as it;s intended to? I'd love to have a DRO to explain what is going on with some of the things that I've seen so far. Usually, when I've actually talked to someone in authority, they are usually helpful. I think a lot of this is just systemic and the cycle of events. As I've said before, it's the "luck of the draw" and who you get that looks at your records? I did a lot of study the disability system and tried to be proactive by doing DBQ's and a lot of extra stuff. But the system is designed to go in one direction only and appears to be adverserial. So, if one takes that approach-that tis; going to be a battle-then it's easier to take.