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".  

[broncovet]

Again, thanks for the advice while I was hurting mostly about some other stuff, too.  Yes, I emailed Allison (again).  Allison, my varo director, and I have been in communication.  I just emailed them yesterday, and no response, yet.  

I went through my evidence and cited no less than 6 VA docs who had opined favorably, and the denial decision did not cite one of them...or any other contrary medical opinion, either.  (There were no "negative" medical opinions..just good ones...stilll VA denied).  

[Vync]

When I received my last few decisions from the Montgomery VARO back between 2010 and 2013, I noticed that instead of receiving a letter in the mail, they actually called me. The dude wanted to go over the claims to make sure they got it right. I had to point out a couple of things that he suddenly 'found', but they did get those right. I had one claim that they didn't call me on, but of course they screwed that up, but I got it fixed on appeal. It makes me wonder if every VA actually uses a QA process or if the QA team is just signing off without actually checking.

[Matthew Hill]

Bronovet,

I hope that the Hickey approach works for you.  If you were just denied on an SSOC then you are not alone.  I recently found an internal VA stat showing that issues remanded from the BVA are denied, and put on an SSOC, over 90% of the time.  

I wholeheartedly concur with USMC_Vet  that you resubmit all your evidence to the BVA via ebenefits and fax and cert mail.  It is extremely important that when you submit that, across the top of your submittal letter, you put in caps I WAIVE ANY AND ALL CONSIDERATION OF THIS EVIDENCE BY THE RO AND REQUEST THAT IT BE SENT DIRECTLY TO THE BVA.  If you don't do this then there is a chance that it will be shuffled back to the RO for another review by the same adjudicator that denied you in the first place.  

As far as filing a CUE claim, you cannot/should not do that yet.  CUE is a claim of last resort that cannot be filed until your current claim has ended.  Additionally, the burden of proof on you is tremendous to overcome.  You have to show that there was no debating that the evidence was clearly in your favor.  On the appeal you have right now, all you have to show is that it is as likely as not that the evidence supports you.

 

[Fat]

Good information..............

[broncovet]

Matthew

   Thank you for your advice.  Somehow, I thought Waiver of RO consideration was automatic now at the BVA.   I guess I was trying to avoid the remand hamster wheel, since it was already a remand.  It sounds like your opinion is to get it to the BVA again,  ASAP, and not even try to get the VARO to correct their errors.  

   Its plain to me the evidence is there, getting them to read it is another thing.   

[Buck52]

Looks like to me in my opinion  the BVA will just remand it back to your RO  Especially if BVA reads the evidence. and say hey fix this  this is your baby!

I agree with Mr Hall but also   if they do remand it back to the RO  you will probably be Awarded your claim by the same adjudicator /rater that denied it.

if he/she vaules their Job.

THIS TIME!...Broncovet...I'm rooting for ya Buddy.

 

JMO

 

....Buck