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Berta
I cant believe how long it took me to find this-
38 CFR describes evidence but M21-1 expands on evidence and tells VA how to evaluate it.
This is the Dec 13, 2005 guideline for VA Raters etc- in M21-1MR,Part III,Subpart iv, Chapter 5.
About 9 pages-
This might help someone who is not getting their evidence addressed.
It says they have to consider medical treatises- but when I have sent them for my claim they were listed simply as "letters" from the claimant- yet in many other cases, medical treatises have helped VA make proper awards-
Then again it states that even "letters" from the claimant have to be weighed as to potential probative value.A claimant can certainly give lay testimony as to symptoms etc- that are also supported by the facts of the medical records.
This document says that the responsibility "for reviewing the evidence" falls on the RSVR
(Rating Service Representative) who "determines the probative value of medical or lay testimony."
I fully questioned VA's listing of a General Counsel Pres Op which I enclosed as evidence for my CUE-
listed as a mere "internet printout from the claimant"and it was never addressed as to it's prime significance to my CUE claim.
It re-established the very VA case law that supports my CUE-the law and regs they broke that prompted the CUE.
Regional Counsel in Buffalo had the files in early Nov -I hope they caught that.
BVA decision are not binding at all on the VA.
CAVC precedential decisions are-and of course General Counsel Precedential Opinions are too.
If you use a CAVC decision or a OG Pres Op I suggest that you refer the VA with the actual http: link in your claim and then attach the actual opinion, highlighted as to it's significance to your specific claim.
If the VA had read the Pres Op I attached- they would have awarded this CUE.
Dont see how they could have gotten out of it.
MORE_Evidence_38_CFR.doc
Edited by BertaLink to comment
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