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Questions about Form I-9, CUE and Benefit of doubt doctrine. Help!!!!!!!

Hi everybody: please help me with this, My initial claim was on Feb. 22, 2011, and SC was denied on May 28, 2013, filed a NOD on Apr. 25,2014, asking for DE NOVO review by DRO election on May 28,...

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Re: Questions about Form I-9, CUE and Benefit of doubt doctrine. Help!!!!!!!

moved to appeals forum

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Re: Questions about Form I-9, CUE and Benefit of doubt doctrine. Help!!!!!!!

It is not a C&UE as the decision is based upon opinion.  Secondly, what do your doctors base their opinions upon?  If it is solely based upon your narrative and not a review of your SMRs, the...

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Re: Questions about Form I-9, CUE and Benefit of doubt doctrine. Help!!!!!!!

asesorlegal: If I understand correctly, the SOC reflects review of medical records submitted by you, however "reasons and bases" only reflects review of particular medical opinion. Not the basis for...

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Re: Questions about Form I-9, CUE and Benefit of doubt doctrine. Help!!!!!!!

Listen to SETH paragraph 2...A plus plus plus

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Re: Questions about Form I-9, CUE and Benefit of doubt doctrine. Help!!!!!!!

Seth Director: thanks for your input. The SOC under EVIDENCE lists every thing that I have sent, ie: MRs. SSD records, statements of relatives, Income tax Reports, GED, College Diploma, every thing by...

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Re: Questions about Form I-9, CUE and Benefit of doubt doctrine. Help!!!!!!!

BROVET: Thanks brother, the last lets say "lost" IMO is based on a "time lapsed study" of 8 Xrays taken over the last 38 yrs. and MRI, EMG and Tomography and a complete review of OMPF from NARA, MSRs,...

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Re: Questions about Form I-9, CUE and Benefit of doubt doctrine. Help!!!!!!!

Besides for the missing evidence, look at the wording in the cited "IMO. Here is an excerpt for probative language used for C&p exams and nexus letters. Mense v. Derwinski, 1 Vet.App. 354, 356...

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Re: Questions about Form I-9, CUE and Benefit of doubt doctrine. Help!!!!!!!

havalina, thanks for you input, I do not see any of those terms in the so called "missing IMO" let me call your attention please and see the 6th. paragraph of my initial post, is the one that begins...

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Re: Questions about Form I-9, CUE and Benefit of doubt doctrine. Help!!!!!!!

They can only make a decision with the information that they have at hand. I would file a nod and cite the missing report. I would also, try to find a decent vso. Do not let this process consume your...

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Re: Questions about Form I-9, CUE and Benefit of doubt doctrine. Help!!!!!!!

What most likely happened is the evidence you sent on September 3 got date stamped and then sent to the scanning vendor which has been shown to take weeks before it is uploaded to the system that the...

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Re: Questions about Form I-9, CUE and Benefit of doubt doctrine. Help!!!!!!!

shelley7, thanks for your opinion; Something happened, but the dates are IMO Sept.  3, 2014 and the SOC is from Sept. 15,2015. That is a year in between. What I think is maybe the 2 IMOs looked to the...

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Re: Questions about Form I-9, CUE and Benefit of doubt doctrine. Help!!!!!!!

Send the Form 9 to the Intake Center ASAP, and attach a copy of the IMO to the form. Write a brief statement on the Form 9 explanation area that your medical report was not considered in the SOC....

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Re: Questions about Form I-9, CUE and Benefit of doubt doctrine. Help!!!!!!!

Sorry for being a little late with this info.  I was sidelined yesterday.  While it echoes some advice already given, there is additional insight into the DRO process and why this isn't a CUE.  "If...

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Re: Questions about Form I-9, CUE and Benefit of doubt doctrine. Help!!!!!!!

Rotor Head, Thanks a lot, as you say that is all I can do, I only needed you advice on this because I know you have the knowledge and experience, I feel really relieved that there is nothing else I...

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Re: Questions about Form I-9, CUE and Benefit of doubt doctrine. Help!!!!!!!

Prometheus2: Thanks a lot for this advice, it seems to be the best bet, and the genera l consensus, and yes I am keeping in mind the timeframe. God bless you.

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Re: Questions about Form I-9, CUE and Benefit of doubt doctrine. Help!!!!!!!

asesorlegal wrote: One last question:    I send the Form 9 and copy of IMO, does the VA ( RO ) has to send me a SSOC and I have to answer it in a certain time period, or they will only send the file...

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Re: Questions about Form I-9, CUE and Benefit of doubt doctrine. Help!!!!!!!

Rotor Head:   Ok, I will send the Form 9 and a copy of the IMO that I think was not considered, and an explanation of the reasons of why I think it was not considered. Thanks a lot, I was kind of...

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Re: Questions about Form I-9, CUE and Benefit of doubt doctrine. Help!!!!!!!

Claim was for knee/hip/back from land mine Aug 69,,,, he said he needed prove I was injured, not just a purple heart. I still thank God that Army Msgt. told me to make a copy of my Army medical...

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