M21-1, Part III, Subpart iii states:
To create a new Block e with guidance for submitting requests to the Joint Services Records Research Center (JSRRC).
To specify that follow-up requests to JSRRC must be completed by a Military Records Specialist (MRS).
This makes me think it might be their second request (follow up) or that they never requested the info in the first place.
I strongly suggest that you contact JSRRC yourself and it might be possible to even contact the person who the VA sent the request to.
I do not trust VA to properly make these JSRRC requests sometimes.
I just read a BVA remand whereby the VA forgot to put the veteran's unit into the request, holding up that claim, AGAIN.
"how can they deny my first claim of they didn't already review them?"
If they didnt review them ( and they dont appear as Evidence on the denial,) there could possibly be a CUE in that denial , possibly ...the main problem is getting the pending claim resolved favorably first.
Well that makes sense. I'm about to lose my cool with those gd QTC ladies. They just talk out of both sides of their mouth, and make it look so easy.
How do you "ALWAYS ask that all my issues are taken care of through the VA."?
"The C&P examiners surely must realize that they don't work at the VA of 20 years ago. Back in the 90's, I had no way to know if the examiner was being thorough or not. Now, we are empowered with knowledge here from Hadit and also are fortunate enough to have the DBQ's and C&P exam questionnaires available to us online."
That is SO true! In the late 1980s I realized how much the RO could manipulate what a C & P actually said.
They deliberately left out a final statement by a C & P examiner to deny my DIC claim.11997. He had speculated a ridiculous Cause of death , but what the RO failed to add was ,that he wrote, "that an autopsy could have ruled out."
They did have the doctor's name in the denial so I called him up and raised Hell...to learn that VA not only did not give him the 6 page autopsy (which they had) but also what it revealed would have completely changed his opinion. He then got angrier than I was and I could tell the VA had pressured him for exactly what they expected from him.He sent me a copy of his exact opinion that they had and that gave me the evidence I needed to keep fighting them and draw them out on the autopsy.
(They also removed it from the files they sent to the General Counsel. I fought back on that and when the VA got the 12th copy of it , OGC awarded the FTCA case and then after another RO denial, the RO awarded DIC under 1151.
It is the C & P exam that controls our claims.
As Vync said, because we can get copies of it these days, the R0s cannot get too creative with the results.
But the fact remains that C & P doctors are paid by the VA.
If the APRN rule goes into affect, I guess AP nurses will be doing the C & Ps.
The 2 main reasons, in my decades of experience, that most claims are denied is that:
the evidence does not establish a nexus ( this is really the claimant's responsibility)
that a C & P was done improperly or by someone with no expertise to adequately do it.
One more reason...secondaries even if absolutely obvious, need a strong C & P opinion but
many of those claims need an opinion from a real doctor.(a non- VA doctor with expertise in the field)
Unfortunately C & P exams do not fall under the malpractice regulations.
I have fought back vigorously every bogus posthumous C & P exam they ever did on my claims.
They knew the veteran could not speak for himself or have input into those C & P exams,because they killed him in 1994 with outrageous piss poor medical care. Pres.Clinton said months before he died that VA was the Best Government- run health care system in the world.My husband almost dropped his 1151 claim when we heard that on TV.
Since then the malpractice stats of the VA have gotten much worse.
Maybe the medical incompetence has not really gotten worse, but for sure, veterans and their survivors have gotten smarter because of the internet and their ability these days to file and prove malpractice claims, if it has occurred, and their willingness to get an opinion from a real doctor.(IMO/IME)
Your Appeal is at the BVA, just no Docket # yet, right. You do have a copy of your husbands C-File? We need to see a redacted copy of the initial Denial and the "Statement of Case." What exactly is your "Evidence of Record?"
Many vet's that get caught up in the VA Appeals process, get a negative attitude, right away. They believe that there is a VA conspiracy to Deny and/or limit their Comp Benefits.
VA Raters base their Award/Denial Decisions on "Evidence of Record," if the provided Evidence doesn't substantiate the claim, you get a Denial. That's not to say Rater's don't make errors, but a conspiracy (takes more than 1 person) to Deny is hard to believe, these are mid-level VA Employees.
What does your VSO say about your Evidence regarding the linkage to CAD or Kidney Disease? Which condition is most likely the causative SC for the Secondary issue?
Could you post redacted Dr's Clinician Notes, or other Medical Evidence supporting your claim?