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Decision letter evidence summary/evidence not considered
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Question
DSIG
The following evidence was listed in my decision letter:
-VAForm21-526EZVeteran'sFullyDevelopedClaim,received January8,2021
-ReviewPostTraumaticStressDisorderDisabilityBenefitsQuestionnaire,received February 16,2021
-Section(§)5103NoticeResponse,received January25,2021
I can't tell if my private doctor's report and DBQ were considered as evidence. I submitted the report/DBQ as part of the Fully Developed Claim, uploaded it in as evidence and it shows as evidence online. Was it not considered because it's not listed? OR was it considered and is actually part of the "VAForm21-526EZVeteran'sFullyDevelopedClaim,received January8,2021"?
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ShrekTheTank
The VA will accept whatever is sent to them, but if they look at it and it changes their opinion is something totally different. The VA gets caught up here when you appeal up as they will start
Berta
If the VA ignores probative evidence, and does not list it as Evidence, they have committd a CUE. Even if the VA does list it but never refers to it at all, that too is a basis for a CUE. Th
GBArmy
I agree with Shrek; if they didn't list it, they probably didn't consider the evidence. I'm no CUE expert like Berta or Broncovet, but I believe it is a CUE if you submit evidence as the basis of your
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