JewBacha

OK, I'll bite....

Personally I think the FBI probe will make things even worse for the VA.

There are still plenty of news outlets interested in our stories.A reporter called me yesterday but I was on the way out to a medical appointment and told him I had brought my issues up with the FBI.

My issues have a lot to do with Phoenix and potential FTCA/1151 claims.

The lack of accountability for these types of claims that are awarded, as all VAMC/VARO directors know,made it easy,in my opinion, for the Phoenix VA among others, to take a chance that vets would die while waiting for appointments, and no one in the system would care.....

1. The VA scandal erupted
2. The powers that be expressed outrage.
3. A couple of evil-doers were fired.
4. The top dog resigned.
5. The pot is investigating the kettle
for possible criminal charges.
6. the Bergdahl affair came along.
7. The VA is back to STATUS QUO.

From my personal perspective, I would review and make a copy of your SMR's if you don't already have it. I often find that the VA merely skims over a lot of it depending on the issue. They are more often than not making the service connection, seems simple. They also look to see what you have done for treatment since that injury occured. I could be wrong, so If I am, I do apologize. If you don't have VA treatment notes or diagnosis for some conditions then you might have to go the route of the IMO, where an independent doctor, connects the dots for the VA. I believe it also matters what type of doctor, their creditials, their history with the VA etc, whether they hold that opinion as valid. It seems many charge a fee for doing this....Now if you have had treatment or have diagnosis, then they want the current level of disability depending on the issue. If they have no timeline to look at then the battle becomes uphill but it isn't to be avoided. YOU, yourself need to put the work in. Leaving it up to an advocate is nice, but often comes up short as they are overloaded with many verterans. I would definitley consult them, to help your cases. I would also become a student of your own case. What do the SMRs say? what am I applying for? what is the criteria? what needs to be submitted for evidence, if you don't currently have it. ....I'll pose the question...if not you? then who? good luck bud

semper Fi

"I am really hoping this process is not the same several claims I have pending as there are many years of medical records for several other ailments. Not even sure what my question is... Seems I just put a bunch of bs out here. Alright here is a question - Do VA dr's have to read thru my smr or are they good with going their on way?"

I strongly suggest that you obtain a copy of your SMRs and complete personnel file from NARA and familiarize yourself with them and refer to any evidence of medical nexus to your claimed disabilities.

I had a local vet once who went to RO, BVA, CAVC, back to BVA, RO CAVC, ....and no one, not his lawyers at the CAVC, or the rep he had who asked me to help him, or anyone else, to include the veteran himself , had ever really read his SMRs.
They did not contain a diagnose of his claimed condition, diabetes., so I guess they never delved into the SMRS at all.

It took me weeks to review them...all handwritten, and some wrong diagnoses in them......long story.
He got an IMO that focused on the med info I found in his SMRs and subsequent diagnosis and treatment records .and the VA awarded him, over ten years later.

His lawyers at CAVC wanted 8 thousand bucks for 2 or 3 letters they wrote.VA had withheld this amount from his retro but he had appeal rights for the lawyer fee.

I prepared a letter for the veteran ,focusing solely on the conditions that VA will pay and will NOT pay legal fees.
There is a specific regulations that covers disagreeing with a legal fee.
I also testified to VA that I had read the SMRs myself , and prepared lay medical information for his IMO doctor ,based on the SMR info, and the lawyers he had, obviously never even read the SMRs at all..

The veteran said he would contact me if the RO released that 8 thousand to these lawyers. I never heard from him again so maybe the RO didn't pay them and sent him the money.

My point is, in order to establish an inservice nexus (unless the disability is claimed as secondary to an already established SC, or is presumptive due to service, or within the Chronic Presumptive regulations), then it is in the claimant's best interests to get their inservice Med recs themselves (and personnel records too) because the VA sure isnt going to take the time to thoroughly review the SMRs most of the time.

This vet I mentioned had already had multiple C & P exams, whereby the examiner stated they read his SMRs.

I am not a doctor but when I read the 201 file and the SMRs I knew right away he had a potential nexus to his service.But it took me about 3 weeks of many hours a day to figure out the records (my daughter home on leave (USAF Crypto Intel) helped me with one entry), other entries I had to blow up, and other entries required me to find out why they were treating him often for VD, when in fact, the whole picture revealed he had inservice diabetes,undiagnosed and untreated and never had VD.

It involved a lot of medical research on my part too because his IMO doc initially had not prepared a good IMO and finally the doc fixed the IMO and he won his claim with ten years of retro.

This all happened before we even had an IMO forum here at hadit.

IMO docs read SMRs very thoroughly if they need to for a claim.

Claimants however can do that themselves as well, and begin to establish their inservice nexus ,if VA might fail to , by skimming over their service records.

Like VA med recs, SMRs can often reveal a lot of info a claimant needs.

I have completed over 400 fully developed claims this past year. All have been adjuicated with 90 days. The only exception is those military members that are retiring that have been awarded 50% or greater. Their claims are taking approx. 30 days longer because, DFAS has to compute the pay.