VA avoids reading evidence?

[Buck52]

What is a veteran to do when he sends in credible probative evidence that would help  with his claim for approved decision & its obviously the VA never read any part of it and the vet is denied.

NOD yes, but if he can't use the evidence he already submitted then if he has to go get ''another IMO'' its just not fair, the only good is the vet will get more retro when he does win but what if the vet needs his claim to help feed his family? ASAP

[Chuck75]

If it makes anyone feel better, in that they are not alone concerning the VA's evaluation of evidence.

This afternoon, I was finally able to download the results of a recent in person BVA Appeal hearing.

Although there is retro involved, it looks like the judge decided to evade or avoid issues that would significantly raise

the total SC'd percentages that would involve awarding the next higher SMC level. Further, some of the conditions

have existed for more than a decade, and are documented in my medical records and "C" file. It looks like some of the records were ignored

in favor of later C&P results.  Even worse, one condition falls under the "combat veteran" regs, with unchallenged positive information and records,

yet the BVA judge remand orders the VARO to schedule a C&P. ????

 

 

[Berta]

Buck, If the VA completely ignores probative evidence (and you have documented proof they had this evidence when they made the decision), the VA has committed a CUE under 38 CFR 4.6 and you can ask them to CUE themselves within the appellate period.

VA over the last 2 decades ignored probative evidence for most of my claims.

38 CFR 4.1 et all to include 4.6 is one of my favorite regulations.

Or the vet can submit it as N & M support for a Reconsideration request, but they have to do that fast, and they must make sure the VA does not piss away their NOD filing date.

Some vets here have been successful with reconsiderations.

This topic angers me when VA pulls this crap on claimants.

I sent copies of 53 USPS tracking slips to support my House VAC testimony on this crap years ago.

Twelve of them were for submissions of my husband's 6 page autopsy, critical to my claims.

If VA ignores evidence ,after only one receipt of it, that is one thing, (they did that to me last year but reversed a denial in weeks when they acknowledged what they had ignored -under CUE 4.6)

but ignoring  critical evidence 12 times is something else...and that is a deliberate tactic on their part....and should cause the claimant to aggressively get that evidence before the VA, via CUE or Recon.

 

 

 

 

 

[Berta]

forgot to add...they also could submit the evidence in an IRIS complaint charging violation of 38 CFR 4.6.

Edited February 12, 2016 by Berta

[broncovet]

Thanks, again, Berta for weighing in on VA hiring illiterate rating specialists.   They will point out the raters are "under the gun" to make quota, and have 2 hours or less to rate your claim.  So, if you have a 2000 page cfile, like mine, or a 10,000 page cfile, like Alex, you can expect your rating specialist to only read the top two or three pages.  "Top sheeting" the claim.  

Even the BVA judge did not read my 2007 medical exam where the Board certified sleep specialist opined my sleep apnea was "the result of" (SC) depression.  You see the doc can say your condition "is" related to service, if he thinks its 100%.  "At least as likely as not" is only used when there is some doubt whether its related to service, but the doctor feels the chances are 51 percent.  

How do I know they did not read it?  Its the VA's "fly in the ointment".  You see, VA has to give a reasons and bases as to why they found evidence which favors the Veteran is not for application.  

In my case, the VA does not have to grant sleep apnea when I have a solid link to depression, but, if they dont, they need to explain why this medical exam was not found to be probative.  

[Fat]

Good topic.

I do feel an "experienced" rater is the better experience.

Raters do misjudge evidence and with experience do a lot better with claims.

I personally would like for the process to be simplified.

Let the veteran know what is needed to approve a claim (medical evidence supporting current disability).

Then put the burden on the veteran and VSO to secure the proper exam to support the disability.

Have a process to vet the medical information by verifiable means.

No more C&P exams.

[Gastone]

Officially File a Request for an "Informal Evidence Conference," to discuss Evidence necessary for your DRO Review/Hearing. I did in 01/2014, never had the "IE Conference," but there was a copy of the 01/14 Request in the DRO's File at my 06/14 Hearing.

12/13, I came across the "Informal Evidence Conference," while reviewing the VA M21 DRO Procedures and Best Practices. In the M21, it's used by the DRO prior to the actual Hearing, at their discretion.

I figured, if the DRO can, why can't I. I brought up the Request for the "IEC" with my DRO, just as he was starting the Hearing. He opened a file and acknowledged receipt of my request, said we could do the "IEC" right then "Informally," and go back on the Record (Recorded & Transcribed) after the "IEC." We never went back to the Formal Hearing, as we discussed my New Evidence that I had submitted, he said he was going to Award everything from my 2010 NOD and also address a 2012 IU NOD, Awarded that also.

You've got nothing but time, file for the "IEC," might help.

Semper Fi