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

[somanyissues]

Update: SMC-S granted based on 2016 peripheral neuropathy award. 

[retiredat44]

I am saying this out of experience,,, duty to assist is fraud.... they actually don't mean what the dictionary says it means..... liars, conniving crooks... I could give tons of proof to back it al up, but I will die spending my last few days or years listing al the lies,, instead of getting the much needed rest.... if there were lawyer or attorney, paid or pro bono, or someone that cared, they could prove this, but no one can take the time and resources to fight the deep pockets of the crooks... you are on your own.... no one will fight for your rights,,,,, only you.....

[Carl the Engineer]

On 1/14/2020 at 8:40 AM, somanyissues said:

Update: SMC-S granted based on 2016 peripheral neuropathy award. 

I may be dumber than a stone on these issues, but,

If they are saying SMC from a 2016 claim, wouldn't that infer (to me at least) that they are going to give you TDUI (or 100% scheduler) from 2016,

connect the dots....

Hamlice

 

[somanyissues]

On 1/29/2020 at 12:25 PM, Hamslice said:

I may be dumber than a stone on these issues, but,

If they are saying SMC from a 2016 claim, wouldn't that infer (to me at least) that they are going to give you TDUI (or 100% scheduler) from 2016,

connect the dots....

Hamlice

 

Clarify: SMC-S granted because they fixed my award from 2016. I had another claim that was awarded in 2017 that put me at 100%, but I did not meet the SMC-S requirements. The correction of the 2016 award makes SMC-S effective as of whatever month in 2017 it was that I met the 100%/60% requirements.

[somanyissues]

On 1/28/2020 at 11:58 PM, retiredat44 said:

I am saying this out of experience,,, duty to assist is fraud.... they actually don't mean what the dictionary says it means..... liars, conniving crooks... I could give tons of proof to back it al up, but I will die spending my last few days or years listing al the lies,, instead of getting the much needed rest.... if there were lawyer or attorney, paid or pro bono, or someone that cared, they could prove this, but no one can take the time and resources to fight the deep pockets of the crooks... you are on your own.... no one will fight for your rights,,,,, only you.....

Yes, I have learned that only I can advocate for myself. They kept jerking me around sending me letters that I was submitting the wrong forms, so I filled out every single form they have to do a claim. They finally stopped sending me letters and moved their asses.

[retiredat44]

I can only base it on my opinion, but in my experience, they do not go out of their way to help in any way, the 'duty to assist' maybe worded as to assist in help to get some records... but in no way are they accountable if they do not get records, read them, or anything else....  it is extremely misleading. You can read all of the experiences of those that were screwed over thinking that it meant one thing, but did not. I am sorry if you also fell victim, if you do go as far as the BVA, the judge can try to force the VA to look at whatever they missed or refused to look at. Of course that would probably be a very long time from now, I don't know where you are in this maze. Good Luck, let the truth prevail.