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Using records in C-file as evidence

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Al10679

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  • Content Curator/HadIt.com Elder

Thanks Brokensoldier!  Do you add something like "can also be found in Cfile"?

 

I helped a veteran who tried the "evidence is in my c-file", which was in a letter written up for him by his local county VSO. The VA issued a rubber stamp denial stating they were unable to find any of the evidence he specified. He got a copy of his c-file and I helped him go through it. Within five minutes, I was able to find what he insisted was in the file. The veteran's c-file was about 8 inches thick. I assume the rater probably looked at the request and thought more about moving a claim off of their desk instead of the needs of the veteran, so they issued a quick denial.

Help prevent "lazy rater syndrome". Spell it out for them (briefly/clearly). Spoon feed them.

As Broncovet indicated, we used 3.156 and they quickly changed their tune...

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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Brokensoldier244th:

 

Great job on the NOD, I'm working on my first one now. Could you tell us what you percentages were originally and later what you received as a result of the NOD?  What did they give your for the ED and the they challenges?            Thanks Rootbeer22

Edited by rootbeer22
typo
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ED is S.C., but always 0 percent. I did not get smc-k though. At the time they said i had still fathered  children so it wasn't  non functioning. (Which was true) The radiculopathy was increased to 20 percent from 10 percent each leg. Ultimately I did not appeal the nonpayment of ED after my IU increase because I'm housebound now, anyway. Not sure  it's worth the fight for 100 a month, even with a little backpay.

Edited by brokensoldier244th

The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.

B.S. Doane College, Mgt Info Systems/Systems Analysis 2008

M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021

M.S. Purdue University Information Technology/InfoSec, Dec 2022

100% P/T

MDD

Spine

Radiculopathy

Sleep Apnea

Some other stuff

-------------------------------------------
B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021

 

(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

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