hypertension What happens when the Veterans claim (issues) are unclear?

[broncovet]

We all know it happens.  You apply for benefit A, or was it A and B?  Or, was it just B?  Typically, what the VA actually does is to ignore anything that is unclear.  Dont let them get away with it:  

For the answer we turn to M21-1MR, Part III, Subpart iv, Chapter 6, Section B:

 

When preparing a decision, the Rating Veterans Service Representative (RVSR) must recognize, develop, and/or decide all issues, whether

 

• expressly claimed

• implied

• informal

• potential

• mandated, or

• ambiguous.

•  

  Partial or ambiguous claims should be clarified to ensure that the decision is complete and appropriate.

   

  When a claim is ambiguous, indicate in the decision that the appropriate clarification or evidence will be separately requested.

•  

  Types of Issues	Examples
  Expressed	Elevated cholesterol is listed as a disability being claimed on VA Form 21-526.
  Implied	A congressional inquiry indicates the veteran’s job is in jeopardy due to service-connected (SC) disability.
  Informal	A veteran says he cannot work due to one or more SC conditions.
  Irrelevant	The history reads, “General Medical Examination (GME) 11 months after service indicates treatment for post-service fracture.”
  Potential	Department of Veterans Affairs (VA) examination report indicates the veteran believes a new condition should be SC VA examination report indicates an undiagnosed illness that was not previously claimed in a Gulf War case medical evidence shows lumbosacral strain may be due to SC knee instability former prisoner of war (POW) examination report notes additional disabilities that may be related to service, or service treatment records (STRs) show epididymectomy due to epididymitis that could qualify for Special Monthly Compensation (SMC) at the (k) rate.
  Mandated	Aid and Attendance (A&A) or Housebound benefits when a 100 percent SC or nonservice-connected (NSC) rating is assigned.
  Ambiguous	VA examination indicates veteran or examiner mistakenly assumes a disability already is SC veteran mentions a new disability in his individual unemployability (IU) claim without elaboration, or hypertension without a date of onset is noted during a general medical examination 16 months after service.

 

Edited September 19, 2015 by broncovet