Earlier Effective Date (EED) Evidence Used/Not Used

[pacmanx1]

The crazy one here, once a veteran receives his/her rating decision the veteran should make sure he/she fully read over and understand why the claim was denied.  VA is very famous for not including all medical records both in service records and current treating records.  Example: The veteran files a claim March 2004, the VA set up a C & P exam in December 2004. The VA then request for the veterans medical records from December 2003 to March 2004 but VA don't get around to process the claim until February 2005.  The VA then denies the veteran's claim but the veteran had treatment records from April 2004 to February 2005. The evidence used in making the decision is just as important as the reason and bases of how they (VA) came up with their decision.  If the evidence was not listed in the evidence section then the veteran should file a NOD and make sure VA address that evidence. You can say that VA missed this evidence or  purposely overlooked this evidence but it is evidence that VA must consider when reviewing the veteran's claim.  Please chime in

[Guest]

pete992,

Ok, first off, I developed plantar fasciitis late in 1997, but only got checked out by the base medical clinic in early 1998.  This happened while still on AD, and is in my STR.  That is what the examiner in the 2nd C&P used to link the DX to SC...he even states in his opinion STR from 1998.  I have had denials, that clearly state why denied.  But this one did not.  My SC for my 30% is from this past July.  I forgot to give the date in my earlier post.

When I requested that C&P back in 2006, it was specifically for my foot.  Which I then find very odd that it was left out of the decision letter.  They did a complete C&P exam for each of my then current SCDs, which was not the reason for the exam in the first place.  I had totally forgotten about that claim until Saturday while combing through my C-file for evidence towards another claim. 

In my C-file they have a photocopy of my handwritten letter requesting the C&P for my foot, and my statements in support of my request.  It would seem to me that they would then at least put their decision of my foot claim on the letter with the others, don't you think?   And even if there wasn't the nexus between the two, for them to see, should they at least put it in writing as the reason for the denial, instead of leaving it out all together?

Even after that point when I was going to the podiatry clinic for treatment, which I have copies of those as well, I told them it happened while on AD, and I even showed them a copy of the STR from AD.  It got to the point that they tried to bill me directly for my treatments, and I called Peggy and said no way under the sun am I paying for treatment of what should be SC!  Then I stopped going for treatment for 5 years or so.  I was just sick and tired of the b.s..

I plan to post the relating pages from my C-file, pertaining to this, sometime this evening.  Hopefully then, you and other big brained Vets will see and then give their thoughts and opinions and ideas. 

Thanks, pete992 for sharing your thoughts on this.

Semper Fi.

Andyman

 In your 2006 C & P exam what was the results of the examiners opinion?  What happen to the bill VA claimed you owed? Yes I know that you stopped going to VA but what happen to the bill? Did you pay it? Did VA take it out of your disability? Did VA send you a letter saying you did not have to pay?  If you are talking about this past July that you were awarded service connection it might be best for you to file a NOD(Notice of Disagreement) on the effective date.  Please post the info you stated you would, it would be a great help to the board to help you.

[pwrslm]

If the information that the condition was already located in your STR, and if they denied the SC initially, then you should ask them to re-open the claim to determine if the there was a CUE. 

IF they didn't use the favorable information in the STR, or explain why they set aside that information, its a Colvin violation (Colvin v. Derwinski, 1 Vet. App. 171 (1991). A common problem is that the VA may dismiss favorable medical evidence of record without citing to medical evidence in the record or medical literature to support its rejection. (re; broncovet)

 

They cited my VA Treatment Records in my claim, and inside of the records was 9 separate examinations and/or consultations that documented that my peripheral neuropathy should be 40-60% according to M21 and 38CFR.  Yet, the rater gave me 10% based on the C&P exam, and completely ignored the medical history that he cited as evidence without any explanation.

Edited October 20, 2015 by pwrslm

[Vync]

Don't forget the C-file!

Someone at the RO moved some papers in my C-file from the STR section and piled them up underneath other papers. The rater said my STR's were silent for the condition, but I knew they were not. After receiving my C-file copy in the mail, I found them and won my appeal. The evidence was right there in the paper mountain all along. If it happened to me, it can happen to any veteran.

[Guest]

If the information that the condition was already located in your STR, and if they denied the SC initially, then you should ask them to re-open the claim to determine if the there was a CUE. 

IF they didn't use the favorable information in the STR, or explain why they set aside that information, its a Colvin violation (Colvin v. Derwinski, 1 Vet. App. 171 (1991). A common problem is that the VA may dismiss favorable medical evidence of record without citing to medical evidence in the record or medical literature to support its rejection. (re; broncovet)

 

They cited my VA Treatment Records in my claim, and inside of the records was 9 separate examinations and/or consultations that documented that my peripheral neuropathy should be 40-60% according to M21 and 38CFR.  Yet, the rater gave me 10% based on the C&P exam, and completely ignored the medical history that he cited as evidence without any explanation.

You may be correct but the veteran has already re-opened this claim and won service connection.  Since the re- opened claim was just granted in July 2015 instead of filing a CUE it would be best for the veteran to simply file a NOD.  We all know that VA loves to screw over veterans and filing a CUE the veteran must be specific in VA law.  Again instead of filing a CUE the veteran can file a NOD and request an earlier effective date and the outcome should result in the same and granted the earlier effective date.  CUE claims have more restrictions.  I know some veterans who have file CUE claims and lost at the same time I tell them t file a NOD at the same time and I notice VA will deny the CUE and grant the NOD as long as it is within a year of their rating.

[Andyman73]

Ok I tried to copy and paste but it would not let me.  I will try again tomorrow, 90 minutes of wasted time has got my stress level going through the roof.

Andyman

 

[Andyman73]

That was really frustrating, last night, trying to post that info.  Maybe I shouldn't have tried to post all of it at once in just one click.  Tonight I will try to just post one page at a time.  Maybe that will work.  I sure can't remember how I did it last time.

Andyman