Duty to Assist- Did the VA fail me?

[somanyissues]

Hi everyone. I finally got a copy of my complete C-file. I looked it over and found this on the VA's rating Decision forms:

"It is unclear from the psych exam if the veteran reported whether she in unemployed due to her SC conditions or if she

is just unemployed by choice. For this reason, IU was not inferred as an issue."

 

Is this something I should fight? It would have to be a CUE based on failure to fully and sympathetically develop a claim since it was 2012 when this happened. I was awarded IU in 2016 for the same SC disability with a very similar DBQ from a different doctor at a different RO. Hope someone can give some advice.

Edited September 17, 2019 by somanyissues

[GeekySquid]

Duty to Assist is a really complicated thing. the VA has worked diligently to reduce what it has to do in terms of Duty to Assist, Notify and a couple of others.

Look at the full claim packet, rating decision and award letter.

Did you specifically raise, or reasonably raise, the need for IU?

In the packet in the evidence did they include a form for TDIU?

Did the letter say "we need more evidence of IU".

In your c-file is there a request and response from Social Security for you work history?

This is where you start.

If you can redact those things of Personal information and then post them, it would help people here from offering opinions.

You don't need to include all the forms they included, just the full letter and full decision which have the evidence listed

[somanyissues]

On 9/18/2019 at 11:23 AM, GeekySquid said:

Did you specifically raise, or reasonably raise, the need for IU?

I did not raise the claim for IU. This was my initial claim and it took them about a year and half to complete. I filed almost a year after I got out. 

Quote

In the packet in the evidence did they include a form for TDIU?

They did not include a form for IU.

Quote

Did the letter say "we need more evidence of IU".

It did not say they need more evidence of IU.

Quote

In your c-file is there a request and response from Social Security for you work history?

No, there was no request and response from Social Security for my work history for my initial claim .There was one for my claim when I lost my job in 2017 because of my SC disabilities, but not from when I separated.

Quote

If you can redact those things of Personal information and then post them, it would help people here from offering opinions.

I'm working on redacting some of the files I have.

 

My C-file is over 2600 pages so I've had to look through a lot of pages to make sure there wasn't something I missed.

Edited October 10, 2019 by somanyissues
adding info

[vetquest]

I would go after this decision.  If the medical professional did not question whether you were unemployed for cause or by choice this is an oversite error that should have been a reason for clarification.  The VA is supposed to fully develop your claim which they did not.  It may be too late due to the late date you are challenging this but I would still try.  As stated earlier please post the denial and the subsequent award with the VA medical examiner's DBQ's.    

[Carl the Engineer]

The VA likes it when you have new evidence, and while not new to them, its definitely, new to you.  If you had seen this at that time, you may have said, hey, I can't work, verses, I don't want to work, etc....

And as always, you never know and it don't hurt to send it in and ask.

The VA seems to be more rational lately, i.e., common sense.

Let er rip,

Hamslice

I should talk, I'm about 11 months into sending in an appeal I haven't started working on......

 

[GBArmy]

Hamslice, get on it!!! If you're waiting for XMas, it's not going to work for you. You have your honor to uphold, you know.

[Oceanbound]

Hamslice!!!