Received latest VA decision, missing evidence

[kanewnut]

I have received the latest BBE( big brown envelope ) which is actually a much smaller white envelope. I am still denied for IU. In evidence they have a QTC exam from February 21, 2019. They do not have the VR&E letter dated 12/18/2018. I was told it would be put into my records and a copy was sent to DAV. Any suggestions on what to do next?                        

2018-12-18 VA VR&E Unable to Work Redacted.pdf

[Buck52]

What was the reasons and bases of the denial?

did they actually say the never seen the VR&E letter?

if not send in the letter ASAP, politely say this was not entered into your records by the DAV...So therefor I am sending it in as part of my evidence that I submitted to the DAV,  on date  00/00/0000,

 Please Notice the dates on the VR&E Letter.

 

[broncovet]

Check the evidence section on your decision to see if the applicable letter shows up.  If not, resubmit it as new and relevant evidence, filing a nod at the same time using "SCL" option.  

[kanewnut]

1 hour ago, broncovet said:

filing a nod at the same time using "SCL" option

Broncovet, what is "SCL" option?

[kanewnut]

Below is my email to DAV.

I have received and reviewed the VA’s most recent decision letter. In the section on evidence they do not list the VR&E letter from Mildred Hall dated 12/18/2018. I was told by Mildred Hall that this would be put into my VA records. The letter also shows a cc: to Disabled American Veterans. The VA had the QTC examination Dated February 21, 2019 listed in the section on evidence. Do you have any idea where the Mildred Hall letter from 12/18/2018 is? It plainly states that my VA Primary Care Physician has indicated that I am unable to work and that my SCD’s are permanent in nature. I would have thought surely this would have finally settled my case to my benefit. What do you suggest is the next step?

Below is what the DAV has said to do.

Good morning,

I looked into your file and can see where the letter from your doctor saying you are unable to work is in there. I cannot say for sure why the VA did not use it in their decision. At this point you would need to continue on your appeal. I would recommend going the Higher Level Review route they will take a look at your entire file prior to this most recent decision and make another decision taking into consideration the letter from your doctor for Voc Rehab. They should also pull the Voc Rehab file if you were denied Voc Rehab because of service connected disabilities they will take this into account as well. I have included an attachment to of the necessary form once you have completed it please send it back to us we will review it and submit it to the VA on your behalf.

If you have any additional questions please do not hesitate to ask.

Does anyone have any suggestions?

Thanks
 

[Berta]

You or your VSO  can file a CUE, if it was highly probative to your claim.

The legal error would be violation of 38 CFR.4.6.

A CUE can be filed within the appeal period.

Lots of info on that in our CUE forum.Others will help.

However the higher Level of Review might catch the CUE- that was one of the M21-1MR  changes that my letter to Former Sec Shulkin inspired about 2 years ago.

I agree with the DAV rep but a CUE within the appeal period is another alternative. My last one took only 3 weeks for them to reverse and award.

 

 

 

 

Edited April 1, 2019 by Berta (see edit history)

[broncovet]

SCL  A ramp option Supplemental Claim Lane, where the Vet opts to send in new relevant evidence.  Its in contrast to HLR (Higher Level review), where the Vet opts for no new evidence.  

[Berta]

Thank you Broncovet-

the newest revision of CUE is found on page 31 of  57 of the January 18,2019 entry into the Federal Register.

It states in part- on page 31 of 57 pages that under vii, then  under j :

"Supplemental claims and Higher level  Review:

VA may revise an earlier decision denying benefits,if warranted, upon resolution of a supplemental claim under 3.160 (c) or higher level review under 3.2601."

This is what the M21-1MR revision says basically due to my letter to the former Secretary-

https://www.govinfo.gov/content/pkg/FR-2019-01-18/pdf/2018-28350.pdf

The word "revise" means of course that the VA can call a CUE on itself at that point.

I think this vet will make out OK. 

[Fat]

GREAT ADVICE...........