Legal Question in Veterans Law in Washington

clear and unmistakable error

rated as minor seziures, 5 to 8 times weekly. 40%. at least 3 doc. says # of seizures 1 to 2 per day. 10 or more per week rating is 80%.what type of error? va informed of award of social security disability for service connected seizures. note in rating schedule, epilepsy says should be developed for IU when reason for IU is service connected. va fails to follow on reg's ???? va pays me no attenion since i represent myself. claim dates back to 13 jun 80. just received a denial from bva, stating the evidence i sent was inadmisible.because i signed a waiver of the right to have RO see the evidence. i was told i had to sign a letter stating i waive the right to send it to RO. why would i want to send to RO? it was at bva. ro and remmand has seen evidence. the evidence was just pointing out where the evidence was in my records about the above. info was sent twice to remmand,and bva once. has been in file since claim was filed, 13 jun 80.


Asked on 10/28/06, 8:27 am

1 Answer from Attorneys
John K. Harris Attorney at Law

Re: clear and unmistakable error

Your situation can be felt by many veterans. I do not see a problem with letting RO see copies of your records. Howevever, I recommend you consult legal counsel if you intend to take further steps in trying to receive disability benefits. There are attorneys and organizations that assist veterans in this process free of charge or on a contingency fee basis.

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Answered on 10/28/06, 4:57 pm


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