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All is the C&P examination required to be listed/noted in the evidence section of the rating decision by the rater?? Add

All Is VA required to list a completed VA C&P examination as evidence in a rating decision? Thanks Add

Gastone The VA examination at the time was for a NOD. After receiving the NOD, VA Requested an examination. The examination was conducted, but I was still denied. The Examination was not listed in the denial decision. The status of the claim now is at the BVA level. The reason that I asked the question: It seems that the C&P examination was requested because I had evidence that met one of the 4 conditions that would qualify for VA to request an examination to assist in resolving the claim. I hope this helps.. Add

Happy New Years!!! Question: If VA provides you a VA examination, does this mean that they have determined that one of the below conditions have satisfied by the evidence in the claims file? 1) competent evidence of a current disability or persistent or recurrent symptoms of a disability. 2) evidence establishing that an event, injury, or disease occurred in service, or establishing that certain diseases manifested during an applicable presumptive period for which the claimant qualifies, and 3) an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the veteran's service or with another service-connected disability, but 4) there is insufficient competent medical evidence on file for the Secretary to make a decision on the claim. Thank you!! Add

Berta THE LAY EVIDENCE DOCTRINE information says it all. I will draft something up to support my appeal based off of this lay evidence doctrine. My concern is why my VSO is not giving me any solid advice. I have worked with three different VSOs and none of them seem to be proactive when it comes to providing general, helpful information as received from this forum. Thank you all! Add .

Berta I was thinking that since the 21-4138 contained a statement of service incurrence, it would be used as lay evidence and treated as such! Add

All Does a completed statement in support of claim (VA form 21-4138), filled out by the veteran, detailing an inservice episode carry much wait? Does the rating specialist have to mention the completed VA 21-4138 as evidence reviewed in the evidence section of the rating decision packet? Thank you, Add

Free Spirit I feel that the regional office just rubber stamped my claim. The errors were so obvious. My biggest problem is, despite me passing evidence through my VSO explaining the errors, instead of fighting for me at the regional office, they completed the 646 and assisted in certifying my claim to the BVA. I totally understand that the VA is trying to get claims processed as quickly as possible, however, in doing so, they should not simply ignore evidence just to get the claim adjudicated. My understanding is that there are several phases of checks and balances that the claims goes through before the decision is sent to the veteran. As for my claim, it is hard to believe that there was any type of quality control measures taken to ensure all of the evidence was taken into consideration before my denial was mailed out. Someone told me that there were certain types of claims that the regional office had to send to the BVA because they did not have too much authority at the RO to grant on the benefit of the doubt rule. Take care! Thanks Add.

Asknod and Berta I indicated that I wanted to wave my AOJ consideration in the form 9, but will type a letter and send it to the BVA right away to ensure that it is specifically requested. I would hate to go another 2 year round waiting on my claim to be reviewed again at the Regional office.. Thank you both for that information.. Add

Asknod The VA did niether of the two actions that you mentioned less than one year after the rating.. They certified the claim to the BVA and now after a couple of years setting at the VARO, it is at the claim file is at the BVA. I will write a statementstating that point. Thank you.. Add

All recently, I asked a question about VA duty if the received new evidence prior to one year after the rating decision. Here is my revised question: Is VA required to send me a Supplemental Statement of the Case if I sent in a statement from my doctor (nexus) prior to one year after the rating decision? Thank you.. Add

Berta "Great ,but where are they now? In your C file that will be transferred to the BVA ?, or have they been retired to St Louis?" They are considered lost. I received the lost and attempt to continue to locate them would be futile statement from VA. No they are not in my C-file according to my VSO. St Louis sent me a letter stating that my service medical records were on loan to the VA. "Do you have anyone on your POA?" Yes, I have a POA. Not much help. I do most of my own research and submit it through the POA. I once asked the POA Rep if he expounds on what I am sending to VA and his response was that they would not send anything that I sent in that would hurt my claim. Basically, my POA has been a mail distributor for me. "Have you requested a copy of your C file?" No, I have not. My POA assured me that the SMRs were not in the C-File. Add

Gastone That is correct, the VA 's duty to assist was attempted but failed to get the records and I didn't have copies to provide. However, the VA never stated in there rating or statement of the case about contacting the RMC. They only stated that they could not get my service treatment records from the Service Department. Va neither mentioned NPRC (unless the service department is considered NPRC). The Va denial list non incurrence in service, do to lack of medical treatment records. They asked me to send them copies if I had them and they would reconsider my claim. I did not have them so they continued to deny my claim. And Yes, I am recieving claim assistance from a VSO. However, they have been limited assitance. It is obviously, that they did not review my claims file thoroughly prior to submitting the 646. Add

Can anyone tell me if VA made an error by not considering information discovered by them during within one year of the rating decision (before it became final). Issue: The VA wrote me an inquiry in 2012 in response to an inry that I sent them regarding my service treatment records: The response that I received from VA stating " there is documentation in your claims files stating that the Roanoak Regional Office requested your Service Treatment Records on May 29, 2002. The Records Mangement Center (RMC) responded on June 11, 2002 stating that the requested records were transferred to your station on March 3, 1998". My claim was within one year after the rating decision and had not become final. VA never mentioned this discovery in there rating decision or provided me a statement of the case explaining what happen to my service treatment records that were in there possession. My claim is now on appeal with the BVA because the VA states that they must deny because me service treatment records are not available. Question: Since my rating decision was not final (within the one year mark) should the VA have sent me a Statement of The Case to explain this finding/discovery (based on the response that they sent me regarding my SMRs)? Thank you Add

Berta I have also red that once it is denied whether by the originating AOJ or the new AOJ, the abandoned claim is considered denied as well. I have checked BVA decisions and they all abandoned contention appeal was denied by BVA as the one in your earlier post regarding an abandoned claim. Thank you for making the point more clearer.. Add

All In the Evidence section of the denial, VA does not mention that the earlier claim processed by New York VARO. Normally, past decisions are mention. I am certain that the claim was simply abandoned by the New York VARO. The question that I would like an answer or feedback on is: If Va states in writing that they will notify you of there decision, are they bound by that written statement? The VSO has also verified that the claim was never completely adjudicated. My VSO reps does not have the heightened interest in my claim as I do. . It seems as though they are afraid to press VA on any issues and just tell me to wait it out. Thank you all.. Add

All I have read that if your calim is abandoned by an AOJ(VARO) and later reopened as a new claim and denied by another AOJ (VARO), That the old abandonded claim is also considered denied. Example: The initial claim was being processed by the New York VARO. New York VARO sends the veteran a letter stating that we are still processing your claim and need additional evidence. Your are being allowed 10 days to provide the evidence. If we do not receive the evidence by that time, we will make a decision on your claim and you will be notified of the decision.. A year and a half goes by and the veteran hears absolutely nothing from the New York VARO. So the veteran sends a inquiry requesting that the New York VARO review his claim for a rating decision. The veteran never received a response back from the New York VARO. Instead, he received a letter from the Tulsa VARO stating "We have received your claim for compensation dated (the date of my New York VARO inquiry). This letter will explain what we will do and etc. The letter from the Tulsa VARO goes on to say, in bold type, "your claims folder was relocated to the National Personnel Records Center in St. Louis. We requested NPRC to return the claim folder to us. after we receive the claims folder we will begin processing your claim. The Tuls VARO processed the claim as an initial submission and denied the claim. Based on the above scenarion, could there be a due process, adjudication, or other error made by the New York VARO. Should the New York VARO have sent the veteran a decision prior to abandoning the claim? As always, Thank you.. Add

Free Spirit Did the below statement work for you or are you still waiting for a decision?? "Additionally, as the Regional Office was aware of the fact that my husband’s discharge physical has disappeared from his file (due to my repeated requests that they look for it), they had a heightened duty to consider the applicability of the benefit of the doubt, to assist in developing the claim, and to evaluate and discuss the evidence favorable to the claimant. See O'Hare v. Derwinski, 1 Vet. App. 365 (1991)." Thanks Add

Asknod Thank you for the advice.. I will write the RMC and see if they can come up with complete copies of my smrs.. Add

Gastone Yes, I have received a Docket number. There is no BVA hearing Scheduled. Efforts made to obtain my SMRs are: many requests by VA and myself to NPRC with negative results a complete set of my smrs. Add

Gastone Yes, VA had consistently stated that the SMRs were not available despite repeated request to retrieve them. Hopefully someone can come up with a case of decision the can help with formulating some kind of evidence to help substantitate my appeal without the records.. Add

Dastone Yes, the appeal is now at the BVA. I am just looking for some case that may help wjen service treatment records are missing. Thank you.. Add

Chuck75 Thanks for the information.. I cannot believe that there is no Veterans that have won there claim in the VA appellant process because of no service treatment records. I understand that the SMRs are important to get you pass the first requirement (In service occurrence), however, there has to be another way to get pass this step requirement, minus service treatment records. I am asking for someone that knows of any VA case law or Court precedent that may be used to strengthen the evidence to support the claim without SMRs during the BVA appeal process.. Add Add

Does anyone have any solid information that would support a denial solely because service medical records word missing and repeatedly considered lost by VA. The claim is now in the BVA appeals phase and I am thinking that there must be some precedent cases out there to support a Veterans claim when service treatment records are lost while in the possession of the Department of Veteran Affairs. While the VA states that the SMRs are considered lost, there is documentation, in the form of a letter from the National Personnel Records Center (NPRC), in the claims file that clearly states that the Service treatment records were sent to the Department of Veterans Affairs. The last SSOC stated the denied "because your service treatment records are unavailable". Please provide any information that you may have to help put together a good letter for inclusion in the BVA appeal evidence based off of this situation.. Thank you.. Add

Gaston The appeal is at the BVA not the Regional Office. A hearing was not requested or scheduled at the RO. I am not referring to a Traveling Veteran Law Judge. I am speaking of the VLJ at BAV Washington, DC. After the appeal went through the Case Admin process, the status changed to at the Veteran Law Judge, a few days later the status changed to "at VSO in Washington, DC for review and written Argument, Per the Appeals Status in EBENEFITS. Any guesses? Thank you.. Add