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Giving VA additional evidence

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ozboi

Question

So after reading my decision letter again, I came upon the back of VA Form 4107

It states.....

 

"GIVING VA ADDITIONAL EVIDENCE"

"You can send us more evidence to support a claim whether or not you choose to appeal"

"NOTE: Please direct all new evidence to the address included on our decision notice letter.
You should not send evidence directly to the Board at this time.
You should only send evidence to the Board if you decide to complete an appeal and, then,
you should only send evidence to the Board after you receive written notice from the Board
that they received you appeal".

"If you have more evidence to support a claim, it is in your best interest to give us that evidence as soon as you can.
We will consider your evidence and let you know wether it changes our decision............"

So has anyone went this way instead of filing for a NOD?

If so please share your experience.....

I have new evidence to turn in, and I want to know what is the best way possible to do that (and keep the original claim date) 

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You have two different topics here...it is a little confusing....

A re-open is usually what they call a new claim that re-opens an older claim,that might have been denied or awarded  long ago but N & M evidence would possibly garner an award or a better rating or EED.

I think you want the VA to 'reconsider' based on new evidence you have sent to them within the appeal period (one year after decision.)

I think the VA will get it regardless of how you filed it, but by N & M, do you mean you have a strong IMO/IME?

Or did they misinterpret the established medical record?

One thing is for sure...it is difficult to overcome a negative C & P result that VA used to deny.

The best way to do that is to get an IMO/IME that conforms to the IMO criteria here at hadit.

If the IMO/IME doctor, after reviewing the C & P exams and all other available medical records, gives a positive rationale that can overcome the C & P results, any fee that IMO/IME has cost you can be easily absorbed by,hopefully,  a higher rating result....and could keep the claim out of the years involved in the hamster wheel rigamorale of appeals.

Forcing vets to pay for expensive IMOs ( we have proof here at hadit how that is often the only way to succeed) not only is unfair ,in my opinion, but the fact that so many IMos from real doctors can turn the tide of claims, also indicates how incompetent many C & P examiners are.

A good IMO/IME doctor ,with expertise in the field of the disability,will go over everything in your medical records....everything.....(to include your SMRs if needed for the claim, and that is what you are paying them to do.

and they also need a copy of any negative C & Ps as well.

I fully believe my IMOs would have cost me much more than they did, but I had prepared a cover letter ,citing and tabbing specific entries in the  VA med recs, that proved my husband had been never diagnosed or treated for DMII and that it had contributed to his death.

I studied endocrinology to do that and also ,sine Dr Bash is a NeuroRadiologist, he could interpret the MRIs etc etc the same way I did. A VA Endocrinologist had denied the claim twice.I knew more about diabetes at that point then she did.I also obtained a brief favorable IMO from a former VA neuro.

I had 3 , BVA wanted 3 so they remanded for another opinion and I fully knocked down that opinion myself and sent my lay medical opinion on it to the BVA. I then even paid for a 4th IMO but BVA concurred and awarded, before the 4th IMO doc had prepared that IMO.

My long point is that even if a VA specialist in the field of the disability opines negatively on a claim, 

there is a good chance they could be dead wrong.But it would take an independent real doctor, not paid by the VA, to overcome that C & P.

I cant wait to hear who Trump picks as Secretary.I have written to practically all of them starting with Jesse Brown. They will be hearing from me as soon as I find out who he picks.

The C & P system is the main reason valid claims are denied, in my opinion.It is unfair and discriminates against disabled veterans by forcing them to pay independent doctors who will take the time to fully assess their records.Most disabled vets cannot really afford to do that.

 

 

 

 

 

 

 

 

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@Berta

 

"You have two different topics here...it is a little confusing...."

Sorry it's confusing to follow, but both posts are for the same claim.

"A re-open is usually what they call a new claim that re-opens an older claim,that might have been denied or awarded  long ago but N & M evidence would possibly garner an award or a better rating or EED."

I was awarded 0% Service connected, but I feel that is not the correct rating for my disability.

"I think you want the VA to 'reconsider' based on new evidence you have sent to them within the appeal period (one year after decision.)"

That is what I sent them.... for a "reconsideration to my rating"

"I think the VA will get it regardless of how you filed it, but by N & M, do you mean you have a strong IMO/IME? Or did they misinterpret the established medical record? One thing is for sure...it is difficult to overcome a negative C & P result that VA used to deny."

I was given IBS 0% Service connected disability.  The C&P states I have chronic stomach cramping, ibs-d, with constipation on one part but on the other part the C&P examiner makes no mention of chronic stomach cramping and how it affects my life, which is my wrong!  That is the reason why I have 0%.

The reason why I am asking for a "reconsideration" is that my condition has gotten alot worse, and want a fair rating for my disability.

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Update

I received a yellow envelope in the mail today.

It states:

Important -- reply needed within 30 days

Dear xxx:

We are working on your claim.

This letter tells you what we will do with your claim and what you can do to help us.....

I will be sending them evidence myself and not wait around for them to find them

 

BTW There is a new date on the letter, December xx, 2016.... what does that mean?

Edited by ozboi
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That sounds like the 5103 waiver....not sure....

When I got my last 5103 waiver for my 1151 HBP claim ,I specifically stated the evidence I had already sent to them, and stated I was enclosing it again.

Also as part of a phone call from the director's office I also asked the rep who called me to read my 5103 and verify they have the one piece of evidence I needed for the HBP 1151 claim.

He said yes it is right here and we will be able to decide this immediately.

They immediately denied by ignoring the evidence.....which came from the top VA cardiologist in VA Central...and sent me a ridiculous C & P exam statement.

I  filed CUE immediately by IRIS or by FAX....maybe both

and then the award letter came very fast....based on the VACO opinion.It stated right there in a 2 page

summary that the veteran's BP was not appropriately treated, the pseudophedrine they prescribed to him for 4 times a day for 6 years (which I proved he had no need for) caused the HB to raise, and the lack of proper mediation for the HBP  was one of "multiple deviations from a usual standard of care) that "all" caused and/or  contributed to his death.

The VA has done  this to me multiple times. They had ignored my most probative evidence since 1995, for every claim I filed.This is why 38 CFR 4.6 is my favorite regulation ,to file CUE under.

They will probably handle your evidence far better then they ever handled mine.

But I do advise listing evidence on any 5103 waiver, describe it briefly  and date of sending it in.

This way you are documenting what they should have.

 

 

 

 

 

 

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I goofed up again! Fuck!

I did not want them to Reopen my claim because upon further reading I found out today that means that my original claim filing date will be terminated!

I do not want that!

I just wanted to submit new evidence so my rating will go up!

I checked on Ebenny and the Reopen is still at Gathering of evidence.....

Is there anything I can do to get my original claim filing date back????

Can I still file a NOD??????  Or is it tonlate?

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You haven't been denied on the " re-open" yet so no NOD needed yet....

If they award but give you the wrong EED, you might be able to recover the older EED and more retro with a CUE claim, filed as soon as you get the decision.....that depends on many factors but is possible.

Chris Attig, veteran's lawyer and member here, explains that in this article:

https://www.veteranslawblog.org/earlier-effective-date/

Edited by Berta
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