Eddy & Hot Basis?

[allan]

When multiple ratings over a decade, reflect the same pattern of inacurately quoating medical phisicians statements, in order to grant 0 value to favorable evidence or show a possible connection between post service injurys and current spinal/neuromuscular disorders. is that legal?

If a regional office(VARO), sends a requests for "ALL" ORIGINAL service medical records in the custody of the National Records Center in 1978, after a NSO requested them for a claim in 77'. Then refuses to send any copies of the only record of the orinal SMR's in existance, to your SO or you.

Than Orders a C&P without providing any records to your SO.

Then denies the claim on the bases, that the records do not support the claim.

After mutiple requests for a complete copy of my SMR's for over two decades, the same VARO that stored "all" my originals, would only provide around 1/3 of the SMR's that existed, while using the missing records as the bases to mutiple denials, by stating there are no records in these missing treatment records, that show any treatment for anything Im claiming.

In writing, I've requested copies of shipboard sickcall records, duty station records & clinicals from & oakland naval hospital, etc. I have asked specifically for these records multiple times & have never recieved a reply.

Would any of the actions or inactions i've mentioned above, have a bearing on ealiear effective dates or a CUE case?

Im trying to get everything that is an issue, gathered up for the attorney.

Thanks for any replies...........

Allan

[LarryJ]

Yes.

[jbasser]

There is a possibility but you have to consider the VCAA of 2000.

It was a vets responsibiliy to ensure the va had the records even in the governments posession prior to the VCAA.

You can also look in the the effective date criteria of 3.4, recipt of service department records.

I am with you on the misquotes, same thing happened to me. ( I also filed cue claim)

[Berta]

I would say yes if

1. the legal error goes beyond DTA regs at time of alleged CUE -DTA violation doesnt qualify as CUE basis

2.and the evidence in the file at time of alleged CUE can overcome constructive rule in Bell.

This is why the veteran should get those SMRs themselves.

The issues you raised here fall into the legal aspects of "discovery"---

Discovery in any court of law (except VA law)

guarantees both opposing sides have equal access to all of the evidence.

I have questioned this nuance of VA claims for many years .

I dont foresee lawyers putting up with it.

However-it sure pays to attempt to get whatever the VA will also try to get.

I feel that C & P results-the actual doctor's report, should be attached to every denial after a C & P exam.

This would extend the rights of discovery to every veteran-as it is now many dont know they can obtain those reports themselves.

The C & P can be manipulated and parsed in a SOC to limit the medical statements to support the denial.

I am not saying at all that this is an illegal tactic- it is what goes on in court rooms every day-

For example -an actual VA report in my file dated 1996-is three pages long-

The SOC however used only the negative parts.

I knocked this all down without even knowing-at that time-1996- that I could get the actual report-

When I did get a copy-this report supported an additional claim I had in 1996.

[allan]

>This is why the veteran should get those SMRs themselves

Hello Berta,

if the other 2/3rds of my service medical records still exist, the VARO who has "ALL" of my originals, with no other copies available according to National Records Center. They said they sent them everything.

I believe the form says the RO received it Dec 78', if I remember right.

Would an attorney be able to locate these records or a responce to why they are missing or will they simply ignore them as well?

Thanks Larry & jbasser

[Pete53]

Allan:

I have watched your claim and what the VA has done for a long time and my heart breaks when I see how you have been treated. You will never know how much I admire your patience and tenacity. I truly marvel at how you are able to come back time and time again and help other Vets with their claims.

I think that you should give serious consideration to hiring a lawyer to process your claim against the VA. I use the word against cause there has been no semblance that the VA was trying to help you.

If there is anything that I can do I will try my best. You are one of the best and most decent people I have met on the internet.

God Bless

Pete

[Berta]

I think an attorney would want you to check the C file yourself at the RO.

I know how difficult that can be-but they could be all there-

Allan-did you apply for SSA-and is it possible that SSA had some of your SMRs?

Reason I ask- I was astonished at the stuff the SSA office in Corning had in Rod's records-

Especially the Newark VA records- Newark told the VARO in Buffalo years ago they had nothing on Rod (this was where he was first diagnosed with PTSD in 1983)yet the original claim was dependent on those records so they must have been at VA at some point in 1983.His first claim only took 3 months.

I tried to get them and Newark told me they didnt exist.

SSA had the whole stack --and they also had Rod's USMC SMRs but I got his Navy SMRs from NARA.

I was reading somewhere -maybe at one of the vet org sites -or at Watchdog that a brand new disabled Iraq vet's service medical records were already lost by the VA----

(bet they didn't misplace those bonus checks)

Edited May 18, 2007 by Berta