Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Decision letter evidence summary/evidence not considered

Rate this question


DSIG

Question

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"?

Edited by DSIG
Link to comment
Share on other sites

Recommended Posts

  • 0

Hang in there..........

The BVA is a better judge of evidence.

They really encompass the CALUZA standard.

Make sure you have in-service incident, current diagnosis, and a nexus/continuous treatment notes.

 

🤠..............

NEVER GIVE UP

Link to comment
Share on other sites

  • 0

You stated the decision said:

VAForm21-526EZVeteran'sFullyDevelopedClaim,received January8,2021
-ReviewPostTraumaticStressDisorderDisabilityBenefitsQuestionnaire,received February 16,2021
-Section(§)5103NoticeResponse,received January25,2021

So apparently they missed your private medical DBQ as well.

I didn't know you had sent them a private DBQ- that might have outweighed the lousy C & P exam!

I disagree with the above advice , only  because the BVA route takes so long, and I would be filing a CUE in a heartbeat if this happened to me ( which it did and my  CUEs resolved the problem , with no need to even file a NOD.

And as the remand I posted shows ,it forced the VARO to do what they should have done in the first place.

BUT I just hope no one told you NOT to appeal.

Please feel free to share my posts above with any lawyer or Vet rep you are trying to obtain.

I just have a different opinion., as this is not even a formal denial letter....but you can decide what is best for you to do.

PS DTA regulations are not subject to CUE claims.When a DTA regulation is violated, then the decision will reveal the violation. 

If the private doctor followed the IMO/IME criteria here at hadit, I do not understand why they did not consider his/her IMO/IME.

If you are seeking an attorney online, I suggest to show them the decision right away.

It should trigger their interest. It is a most unusual decision.It reads as if they thought it was a review ,which many vets get , but this was a formal claim.

 

 

 

 

 

 

Link to comment
Share on other sites

  • 0

What appeal rights came with the decision?

https://blogs.va.gov/VAntage/62997/four-important-things-know-appeals-modernization/

 

Asking for a Higher level review could possibly catch the DTA error- as a few here have experienced.

HLRs are trained to seek DTA errors and also CUE.

Edited by Berta
Link to comment
Share on other sites

  • 0

Berta thanks for that blog link and the decision -- I read through both.   I submitted a DQB and narrative from my private doctor.  He's done hundreds of these as he only treats veterans.  He and I had a session yesterday and discussed the decision letter and DBQ.  We think that it was convenient for the VA to just ignore his DBQ because it may have resulted in a higher rating and/or addition of the secondary OCD claim.  So, a lot of these law firms do an intake and don't even ask for a Decision Letter unless you pass through initial screening.  Two national firms I spoke to are only taking TDIU claims.  One firm finally asked me to send the Decision Letter. Hopefully they can see its not a decision at all.  If they don't take the case I'm going to try on my own for a high-level review.   Thanks for explaining what a CUE is; I don't know all these process violations but I'm learning fast.

If the VA used my doctor's DBQ also as evidence, shouldn't they have suggested that there are favorable findings with the OCD diagnosis?

Link to comment
Share on other sites

  • 0

"If the VA used my doctor's DBQ also as evidence, shouldn't they have suggested that there are favorable findings with the OCD diagnosis?

I thought the claim was for a higher rating of your PTSD. If the IMO doctor stated with medical rationale that the OCD is due to or aggravtaed by the OCD, and that was clear in your claim, the VA should have considered that as a secondary condition.

Many vets are forced into filing a Supplemental claim-I say forced, because their fully developed claim with their evidence, was not really adjudicated at all.

They then send the same evidence VA has, and can even add more,  as a supplemental claim and then they might succeed.

One good thing about Supplemental is that the evidence is established, because a HLR will not consider what appears to to be 'new' evidence.

It looks to me that the HLR would consider the Private doctor's DBQ as "new" , because it does not appear in the evidence list of the decision.

The other posters here might have seen the IMO? and that is why they said to go to the BVA?

Can you scan and attach the private IMO/IME, redacted as to c file #, names etc..

 

The BVA however will accept evidence at any point, before they decide the claim.

It should be sent to the BVA as soon as a Docket # is given to the case.

The problem with the decision is how would anyone file a NOD?

The original claim was not denied. I believe a NOD should raise the legal errors they made but

those errors could be basis or CUE.

I am sure Broncovet or Fat could help you word the NOD correctly, but the VA did not deny your actual claim and as I interpret the BVA statements above, a claim for higher PTSD rating is,in esense a claim for TDIU- particularly when the rating for PTSD is at 70%.

 

 

 
Link to comment
Share on other sites

  • 0

Berta, this claim was for an increase.  I didn't file a separate claim for OCD secondary to PTSD since the DBQ reflected this. I expected the VA would capture this in their decision or award OCD as secondary.  Should I file it that way now using this IMO? I just don't want to go back for another C&P exam. The C&P examiner didn't list OCD but she mentioned it in her remarks. 

I've enclosed a redacted copy of the IMO that I submitted.  

I don't want to be misunderstood about the advise I received on hadit. Nobody here said don't appeal. They said that since my doctor didn't check the block for total impairment that I would stay at 70%.  I concluded that an appeal would be fruitless.  Your interpretation that this isn't a denial makes sense.  I just need to know how do I proceed from here and admit that I don't know the process like most of the varsity members on hadit.  Broncovet and I have exchanged a few messages and he has been very helpful.  If I should file a NOD then I'll work with Broncovet on how to word it...thanks or connecting him with me.

Edited by DSIG
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use