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IMO not listed


wood78221

Question

I just recently received a decision (award) on part of my claim. I noticed on the letter that they sent me telling me what evidence they reviewed, it did not have my IMO listed on the list. Does this mean they did not consider it? I did receive a favorable CP exam, and I also sent in a nexus statement from my treating doctor as well. I also went to see Dr. Ellis also. The Ellis/treating doc records were not listed. This has me concerned that my next claims that will be decided might be at risk. Thoughts? Would this have been a CUE if denied?

 

Thanks

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5 hours ago, Berta said:

I just filed a White House complaint on a C & P exam I got.

I won that claim but realized that it was one more case whereby the VA C & P exams were deficient ,for every issue I ever had with the VA. 

My point is, if we accept any C & P exam results that reveal a lack of proper information based on the medical record and our evidence, we need to fight back right away ,before the BVA gets the case- years down the road....

I have read BVA decision ever since BVA came on line and MANY if not MOST of those appeals that were granted at BVA, or remanded , should not even be at the BVA at all.

This is why we have a tremendous backlog.

Valid probative claims are denied at ROs, because they dont know what they are doing or they simply dont care.

As I said before the Director of my VARO ( she has been there for close to 20 years) does not even know basic VA case law- or she does, but thought she could make up some Title 38  BS and that I would accept it.

If your spouse is not PC literate, and you die- the spouse will be victimized by the ROs and probably their claim for DIC or accrued will be denied erroneously. 

It is easy to say appeal to the BVA and more difficult to see if a CUE has occurred.

Some of those lazy assed vet reps and VSOs usually never mention CUE , they probably wont recognize a CUE in a decision and if they do they probably wont take the time to really assess the potential of filing one.

It is far easier for  vet rep to say appeal to the BVA because CUE involves thinking and reading.

Ok, called the WH hotline and that was way easier than going through IRIS. I’ll sit back and wait now.

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Great- I called them today on another matter-

My last WH complaint went to the OAWB and the result was almost what I wanted......but closer than I ever have gotten in over 2 decdes with this specific issue. I am still pursuing that issue aggressively-

 

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SOOO. I filed the CUE during my claim and called the hotline making a complaint. WOW, that really worked. They approve an NOD on a separate issue in 30 days. They called me from the VA in Columbia, SC and told me that the office in Waco, Texas is working on my claim now. I spoke to a Congressional Liaison on the phone and explained my CUE wasn't for me NOD but for my current claim. They thought it was for the NOD. So he was going to relay that info to whomever he needs to. Either way, the NOD was worked out in my favor, really fast. 

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GREAT!!!!

A CUE can do wonderful things-so can a well prepared Notice of Disagreement- which is one of the most important docs a veterans can file- they can refer to attached additional evidence on the NOD form.

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