free_spirit_etc

I agree!

Victor, I have tried searching for some cases for you. I know it is frustrating when you ask for help with something and instead of helping, people just tell you that you don't need that, you need something else. But a search is hard because it will pull up a lot of cases with the word redact, but discuss it as a different issue. Most of the cases are where people want certain things redacted because the court record will be public, but the court decides that the court needs to be able to view the unredacted information as they need to see the exact record that was before the Board. That is a totally different issue than yours.

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Was his disability PTSD? I think that can make a big difference.

Another consideration about going for TDUI is that it starts the clock for 10 years of being 100% disabled for DIC benefits for the spouse if a vet dies from a non-SC condition. Something to think about... I have seen quite a few cases where widows were denied DIC because the Vet died from a non-SC condition and wasn't 100% SC for enough years.

That is so sweet jbasser. Your post gave me goosebumps. As my husband had a terminal illness, I have no idea why I didn't think to get a bunch of recordings of his voice and so I wouldn't have to keep calling his voice mail just to hear him.

Victor - It sounds like you have a VERY STRONG case!!!

Victor, I am SO sorry you are having to go through SO much with this claim. I do believe you will win it - and hopefully you will get an effective date all the way back to when you first filed the claim. I see in the other thread that the VA has ignored one of your conditions - so that could be pending and unadjudicated. I am wondering if your attorney can do what Berta suggested in the other thread and ask the VA to CUE themselves - as the record clearly shows you were injured in service and relying on a VA examiner who ignored the fact that the military clearly stated your injury occurred in service is in error. If he could do that, it would be so much faster than remands or filing a regular CUE claim. I am still not clear about the redacted stuff though. Has it actually been removed from your record? If it was removed from your record, and is not in your record, then I am not certain you want to open that can of worms. Unless the C&P examiner specifically referred to the redacted information in her opinion, the fact that she cited the other doctor might not be relevant. What did she cite? My thoughts are, if there is no mention of the information that was actually redacted - and the information is no longer in your file, would it be wise to start fighting that battle yet -- and bringing up the fact that there is redacted information that might cause the VA to start digging to see what was redacted? Does that make sense? Can I ask how you think the information might harm your case? You might also want to start building a strong case to defend against that. But right now it looks mostly like you major battle should be fighting the ROs assumption that the condition was congenital. And it seems like you have some pretty solid evidence for that. But your case shows how awful it can be if the VA makes an error and they already have all the evidence. They can keep the vet in perpetual denial saying there is no new and material evidence.

Okay. I looked up some other info in another forum thread. So it looks like this is a re-opened thread. Again - I think it would be helpful if you posted the C&P exam - what it actually stated - and the SSOC. I am not clear about what the redacted information about the worker's comp claim has anything to do with it. It seems like the most recent C&P exam was more trying to say your condition was congenital than it was to say that it was caused after service (i.e. worker's comp claim). I was interested in the other thread where you said there was an altered C&P exam report. From what I read it was altered to be more in your favor. Was this report considered? I am just having trouble understanding why it has been so hard to get this service connected when it is the same disability your were medically discharged for. Do you still have an attorney? I will still look for info on redacted records... but I have lots of other questions. And I am not even sure the redacted information was relevant in the decision they made.

You filed a claim in 1985 that is still pending? I am trying to understand this here. So you were injured in service, medically discharged, and filed a VA claim for the same condition in 1985 and they didn't send you for a C&P exam until 2009?

I don't have a case yet. But I am wondering if the C&P exam can be considered inadequate. Or if that can be an error on the part of the VA, to rely on a medical opinion that was based on information that was later redacted. Or that the RO was in error to rely on a medical opinion that ignored the presumption of soundness. Did they deny you on the basis of the redacted information? Or did they deny you on the basis that your condition was congenital? How did she cite his medical opinion? Can you share her opinion and share the denial letter?

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I ran across a decision that didn't use equipoise or the benefit of the doubt. http://www.va.gov/vetapp13/Files2/1313247.txt "Acknowledgement is given to the fact that diagnostic tests completed during service in March 1992 and July 2005 and post-service in January 2008 and May 2010 showed right AC joint degenerative arthritis while those from the March 2006 VA QTC medical examination showed no right AC joint arthritis. This arguably signifies that the Veteran had arthritis during service, no longer had arthritis near the conclusion of his service, and then had arthritis again post-service as a result of some intercurrent cause. However, this scenario is quite unlikely. All diagnostic tests are in agreement with the exception of the March 2006 diagnostic tests. Discussed above is that there is no indication, whether medical or lay, of an intercurrent cause. The most plausible explanation therefore is that the March 2006 diagnostic tests are inaccurate. In other words, the Veteran most likely has had arthritis since March 1992. Service connection for a right shoulder disability including arthritis, in sum, is established outright without the need to invoke the benefit of the doubt rule. This determination renders it unnecessary to proceed by discussing private Dr. T.F.'s August 2011 letter containing the opinion that the Veteran has several physical conditions, to include those of the right shoulder, which "may be a result of his intensive military training career." Discussion of whether service connection for a right shoulder disability including arthritis may be presumed additionally is unnecessary. Of note, however, regarding this alternative theory of entitlement is that the January 2008 VA diagnostic tests showing arthritis were taken just a few months after the Veteran's first post-service year. The aforementioned determination that the Veteran most likely has had arthritis since 1992, and thus throughout the entirety of his first post-service year, is also noted."

Service Treatment Records

seahawkfan, You might want to look over one of the VAs DBQs for PTSD before your C&P exam. http://www.vba.va.gov/pubs/forms/VBA-21-0960P-3-ARE.pdf

"the doc wrote i disobeyed a direct order to get out of my wheel chair unassisted for a test. obviously, i was denied. however, it states several places in my record i am wheel chair bound!" Disobeyed a direct order to get out of your wheelchair unassisted???? What kind of crap is that? What kind of doctor would ORDER a patient in their wheelchair to get up??? I can see ASKING the person if they are ABLE to. But to directly ORDER them to get up???? And if you can't get up unassisted, you DISOBEYED and ORDER????

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"What gets me is that this story isnt New news, to most of us here , it is news of the VA's SOP." Yes. That is what is sad...is that it isn't even news. It is business as usual.

Filing a Notice of Disagreement (NOD) with the VA decision. Getting an Independent Medical Opinion (IMO) from a private doctor that links your back condition to your military service.

Signed it!

"Yet the VA raters are well paid and trained not to make errors ,but they do, and they hope we will not discover their errors (that almost always are at the expense of veterans)" I don't think a lot of the decisions are "errors." I think they are tricks.

I just looked at some of the court decisions - and what they state is that they have to have the same unredacted records that was before the Board. But it doesn't say anything about the Board. That doesn't mean there is no rule. I just didn't see it searching the court decisions.

I think anything in your file can be used as evidence in your claim. I have read where people tried to get some things removed but the court said it is part of the entire history. It doesn't seem like they should be holding it against you though. You may want to make a written statement that the C&P examiner used information that was later redacted in forming his opinion.

Wow! Amazing!

One more victory for the good guys!