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FOIA request on 21-4138 for evidence used in decision

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kanewnut

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Has anyone just requested the evidence used in a decision? I have already had a request in for my C-file. I just wondered if just the evidence used in a decision would get to me any quicker than the entire C-file. 

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A list of the "evidence used for decision" should be in the decision itself.  Other than that, Im unaware of a request for "evidence used for decision" other than the RBA, where it presumed that VA "used" the evidence contained therin to decide it.  

Memory is escaping me, but there is a relatant case law regarding a presumption that VA considered the evidence in your cfile, whether they did or not.  

You bring up a very problematic issue:

Quote

The VA is a "keeper" of our records and we depend on them to have it all, and organized well enough to find it.  

 

If you beleive that VA does this, you are dreaming. 

Its a conflict of interest from the get go.  If you were suing your neighbor, would you take over to him all the evidence you have against him and say, "Here keep track of this for me".  

Time after time after time, VA loses relevant evidence, then denies it ever existed.  

My recommendation:

1.  Get access to your VBMS file.  An attorney or VSO can do this for you. 

2 .  Otherwise, you order a copy of the cfile and get it after VA gets a round tuit.

     Once you get it, read it over.  "Only then" can you make intelligent decision such as whether to appeal "with new evidence" (such as BVA or SCL) or "without new evidence" such as HLR or a different BVA type.  

    Trust me, you are not alone in this frustration.  How does VA get away with it???

Well, they tell Congress that VA is a "claimant friendly, ex parte" system designed to benefit Veterans and give them the beneifit of the doubt.  

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25 minutes ago, broncovet said:

they tell Congress that VA is a "claimant friendly, ex parte" system

I called Peggy(1-800-828-1000) this morning. Ryan told me they have 130 pages from SSA in this decision. It is obvious they looked for the page with a denial in it and didn't bother looking for the page showing SSDI granted. Ryan tried to tell me they look for the evidence to support your claim. I had to hang up because the VA has already rubbed my last remaining nerve raw.

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SSA is great evidence "provided that" SSA granted you SSD for conditions "which the VA determined are sc".  

Example:  Your SSA decision says that you are granted disabilty because of your bad back, and your migraines.   Further, lets say you applied for tdiu and listed your bad back and PTSD as your reasons you cant work.  

This may be a problem, unless you can get SC for migraines, too.  

However, if SSA granted benefits for the same conditions to which are SC and you are seeking tdiu, then ssa is great evidence.  Do you have a copy of your ssa decision and what does it say?

 

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On 5/14/2020 at 12:46 PM, broncovet said:

2 .  Otherwise, you order a copy of the cfile and get it after VA gets a round tuit.

They received my request for my c-file back on 22 February. This is the expected completion date - 

Complete
Estimated date: Dec. 10, 2020
We base this on claims similar to yours. It isn’t an exact date.

Nine whole months. I requested it two months before I got the current decision. This is hilarious. You want to know what we have for evidence request your c-file. Maybe we will be able to get it to you before the appeal period ends. 

6 hours ago, broncovet said:

Do you have a copy of your ssa decision and what does it say?

My mental condition is my highest rated  service connected condition at 70%. The SSDI letter is pretty explanatory that is what my award was for. I have a SSA letter from 12 January 2007 stating that I am entitled to benefits beginning in December 2005. The only way I can see them not granting this is because someone at VA won't get their attaboy that month, so they keep making up crap to deny it over.

2019-06-13 SSDI Rating Decision Redacted for Hadit.pdf

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