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

[vetquest]

@Hamslice….Get er done.

[Carl the Engineer]

Hold on, I just checked, Nov 5th, I got time....

I do my best work under pressure,

Hamslice

Now where's that box of med records.......

 

 

[somanyissues]

Sorry I went MIA. I have 4 kids and a husband who was out of state. I have the redacted files to upload. Any advice would be appreciated. 

 

Edited January 4, 2020 by somanyissues
remove files

[rsm-esq]

Hi,

I wouldn't mind taking a look but you seem to have over-redacted a bit!  Redacting the name and file number is enough--if the claimed condition and medical reasoning is also blacked out it becomes impossible to comment. 

Could you please re-send by redacting only the personal info?  

[somanyissues]

Just an update: I filed a CUE for my original claim. I have actually been awarded service connection for peripheral neuropathy on a completely unrelated claim from 2016 based on CUE on behalf of the VA. The CUE for TDIU from my original claim is pending, but other CUEs were submitted by the VA because (based on what the people on the phone say anyway) the diagnostic codes I was assigned do not match the minimum ratings I was awarded. Once those are completed, the TDIU CUE will move forward. WOW. 

Edited January 4, 2020 by somanyissues
spelling

[Berta]

That's great- if wrong DC s are used, that is a CUE, if they reflect you should have had a higher rating, based on all medical evidence in VA's possession  at the time of the older decision.

I went over 2 CUEs I have pending and suddenly realized they made more errors that I thought in a 2015 rating,but I think my legal evidence was enough to support the basis of the CUE. The 2015 rating is different from the 1998 rating. but he died 3 years before the 1998 rating so how could the original DC' s change  in 2015?

VA has made errors in every decision they have sent to me for over 20 years.