VA did not read my evidence

[broncovet]

...And denied me again.  The doc offered highly favorable evidence, and VA did not even list that exam as evidence.  Im getting discouraged..I have been at this 13 years, and its the same old same old.  

4 to 5 more years to get to the BVA, then another remand.  Ive..well "had it".  

[bluevet]

It was a SSOC, so it was, basically a DRO.  No it was not FDC.

I was pretty upset about it, I had wanted to give my son a nice wedding gift in January, but that does not look possible now.  I guess that is what made me maddest.  I am sure they will have to award it eventually.  

Right. I posted a white flag on this forum recently myself, when I was frustrated. There's just so much that can go wrong in this process. With me, it seems that everyone who has ever touched my claim has made unbelievable mistakes. There is no accountability at the VA. There is nothing you can do when someone makes an error, even one that is obvious and grotesque. There is nobody that you can just point it out to and have them see it and fix it. Currently, I am sitting on a denial that gives the reason as : (Your C&P examiner opined that bipolar disorder is due to genetic conditions and independent of  service.) There is not a single word in my C&P examiner's opinion regarding me, my time in service, or my STRs. Not one! The C&P is so blatantly inadequate, it's disgusting. Yet, there is nothing for me to do about it except wait 2 years, hoping that the DRO I get assigned to takes his job seriously. If not, 2-3 more years to get to the BVA, where I have no doubt, I will win my claim. Why? Because at the BVA, there is documentation of the adjudication of the claim. It's the only phase of the process where the quality of work performed is open for all to see. Prior to this point, nobody involved in the claims process is being held accountable for the quality of the work they do. That goes for C&P examiners and the contractors they work for. Do you think these companies get charged back for C&P examinations that are deemed inadequate? Do you think the doctors do? If they don't, then It is actually in the financial interest of the C&P contractor to deliver C&P examinations that are inadequate, since this will ultimately result in another being ordered and paid for. Just ranting :)

Edited August 29, 2015 by bluevet

[RUREADY]

It was a SSOC, so it was, basically a DRO.  No it was not FDC.

I was pretty upset about it, I had wanted to give my son a nice wedding gift in January, but that does not look possible now.  I guess that is what made me maddest.  I am sure they will have to award it eventually.  

No big thing coming from the RO. Reload your guns with more

evidence and keep fighting. Good luck. I'm still at their ass too.

[broncovet]

I guess I was a fool to think the Ro will get it right THIS TIME, when they blew it so many times before.  Alex pretty much said the Ro does not want to write retro checks, so their either delay or deny everything.  Its been delayed 13 years, and denied twice.  The first time, the tdiu denial was because it was MOOT.  I appealed, and the board agreed with me that it is not moot.  So, they deny it again, this time by only considering 2/out of 3 issues, not considering depression for tdiu.  

The most recent decision, they simply failed to read my doctors favorable evidence, and just substituted their own unsubstantiated opinion for that of the medical examiner.  Of course, they did not reason why they did that, and never even listed this favorable medical evidence even after I had complained to allison hickey that they did not consider this doctors evidence earlier.  They repeated that mistake.   

[Berta]

"they simply failed to read my doctors favorable evidence"

If they did not list it as evidence and did not mention it at all, that is a CUE under 38 CFR 4.6.

That is almost what they did to me on my 1151 IHD claim. Denial dated March 4, 2015.

Under Evidence they do list the OGC request to VACO for medical opinion and then they do list the opinion ( the only piece of evidence I needed)

but never once mentioned it within the narrative, just a very unprofessional bunch of meaningless rhetoric, that in no way, reflected the malpractice statements I had already proven, that are within the VACO report. I dont even believe a 'doctor' prepared this 'medical review".

The decision was so ridiculous I filed  4 CUEs on it. Every time I read it over, another CUE would pop up.I sent them Via email to the director and via a complaint to IRIS.(my printer had been down so this was the easiest way for me to file these CUEs)

They reversed and awarded March 4 2015. a month later, Maybe I am different then some claimants.

They are not going to get away with legal errors to my detriment. It has happened to me many times but I get so angry when they don't apply the regulations the right way, that I absolutely fight back ASAP on this BS. ( these errors are a big cause of the backlog the ROs started...not us claimants.)

if I were you  would get back to Ms. Hickey and file the CUE through her email and also CC it to the director.

"they simply failed to read my doctors favorable evidence, and just substituted their own unsubstantiated opinion for that of the medical examiner."

That is not only 38 CFR 4.6 legal error but BVA has made the point that they cannot substitute their own unsubstantiated opinions for that of a medical entity.

 

I dont know what regulation that would be but am sure BVA has cited that one in some decisions.

[USMC_VET]

Can i ask how you provided that evidence?

Did you mail it to htem certified with return receipt?  did yo upload it and name it via ebenefits?  if so they HAVE to consider that evidence. they can say that they dont agree, they can ignore it, they can do a lot of things, but if it was submitted and you can PROVE you submitted it and it was not considered (and not having it listed on your evidence list in the decision is proof they didnt) then you can file a NOD and state that you disagree with their decision that you want a DRO review of the case that INCLUDES the evidence that was submitted but not considered.

I would then send them ALL your evidence again, have a evidence list of everything you sent with a description and send it certified with return receipt.

 

[Buck52]

We all need to start listing our medical evidence and other evidence in our submissions  with numbered page's with our claim number  and highlighted in neon bright colors & maybe send double copies and specifically state there's double copies of my evidence sent and state the CFR's 38 4.6  back to them.

and make copies for our own selfs.

Broncovet request another rater to read your evidence  that' its obvious the last rater never consider your evidence to support your claim and you feel this is an injustice on the part of making a denial decision and again state the 38 CFR 4.6 back to them.

you been waiting 13 long hard years for this claim and would like to get it right & you feel an award is warranted and not a denial.

 

Excuse me but

its time for you to stop xxxxx footing around with them assholes.

 

jmo

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

 

Edited August 29, 2015 by Buck52