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".  

[Berta]

This is why I suggest listing with a date and brief description ,right on the 5103 form, ALL of the evidence that you have sent to them and./or enclosed with the 5103 form.

Based on what you told us here Broncovet, I feel this is CUE under 38 CFR 4.6 as well as within this article:

 

"BVA rendering its own medical opinions, Colvin v. Derwinski, No. 90-196

Colvin is one of the most cited decisions when the BVA attempts to use its own medical opinion, rather than independent medical opinions

https://veteranclaimsresearchcases.wordpress.com/2009/04/07/bva-rendering-its-own-medical-opinions-colvin-v-derwinski-no-90-196/

Under # 5 it states:

“The Court points out that VA cannot reject opinions of physicians without citing medical testimony or treatises to the contrary. VBA Circular 21-91-18, Principles of Adjudication, paragraph 5e covers this issue. When the circular is incorporated into M21-1, it is recommended that Part VI, Chapter 2 be revised to more clearly explain determinations of probative value of both opinions.

APPROVED

J. Gary Hickman, Director
Compensation and Pension Service”

Also their are other court cases that raise this important issue.

VA tried to do this to me for my DMII AO death claim I filed in 2003.

The BVA was the only VA entity to see all of my IMOs in the file, sennt multiple times, yet completely ignored by the VARO.

I never thought of the GO  CUE yourself tactics, within the appeal period in those days and since using it successfully with my Nehmer AO IHD claim, I use it every single  chance I get now....

If I had Not used it for the initial denial of my AO IHD claim in Dec 2011, resulting in an award on January 6th 2012, and on my more recent 1151 HBP claim I mentioned, I might still be at the BVA on the IHD AO claim and would ber set for the hamster wheel with the 1151 HBP claim.

CUEs must be aggressively pursued.  I felt I was being patient with my RO due to the backlog for the almost 3 years the claim collected dust at my VARO, because they told me it was with a 'specialist'....specialist my butt...

they still have not read my evidence and promised me they would last week. If I dont get a proper reply soon I w8ill raise more hell with them.

 

Ther man who called me last week (after another note from MS Hickey in an Iris reply) did seem to want to help figure it all out and he said he would study the regs I sent to him and I also0 suggested contacted the GC in DC to see what they mean.

I told him I know I am a big  pain in the ass but only by being that type of aggressive claimant did I resolve all of my past issues, and my C file reveals that fact......

I stated very clearly (we went over the email he had from my IRIS complaint) exactly what VA owes me ,and why, less the amount they paid me under Nehmer CUE award,  and I will take the issue as far as I can.

It is up to you but if this were me, regarding what you posted, I would be on them like a fly on s-

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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[RUREADY]

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.   

You not the only one got fool by the DRO process never again would I suggests this

to anyone. Now anything you think they miss  for evidence that could help your claim

point it out in pink or orange marker all key evidence you have. Also study the law as to why

it was not approve and I know u already know this but just to make sure when we are mad we can

make bad choices. I went for a quick decision emailing Bob because of all the wait the RO put me through. Bad Ideal for me

it was a quick decision but with no reason & bases appeals to  CAVC  they remand now back at BVA same shit where I

started from, you not alone. But one day will be ours

[broncovet]

Thanks all for your responses.  I like Berta's idea.  I have compiled a list of 4 different VA docs, all of who have opined favorably, and none of them opined against the claim.   I could not remember where, but thanks for correcly identifiying "Colvin vs Derwinski" that VA can not substitute their raters opinion for that of a qualified medical professional (on medical issues).  I am gonna send it to Allison and cc to the VARO director.  

[broncovet]

USMC

   I found the "evidence" all in the "Record before the agency".  So, they can not say they dont have it.  

[MarkInTexas]

Regroup and attack!  Good luck!

Mark

 

[Vync]

Bronco,

Perhaps contacting Allison Hickey might help? Make the higher ups aware the VA is still up to its usual dirty tricks...