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)

[Former Member]

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

[Former Member]

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 (see edit history)

[allan]

Hello Berta,

Betty & I made an appointment & went to Seattle RO to view the entire C-file back in 97' or 98' after I received the 1/3 of SMR's they sent.

When we got there, they gave of a working folder that had about 20 sheets in it, that was all.

The guy that gave it to us would walk by & laugh occasionally. So we finally figure out what they were pulling & left. It's over a 600 mile trip. WE had to take food & bill money to make it & all they did was laugh at us.

I was trying to find the rest of the SMR's. They have them, or they went to the shredder.

The Seattle RO is the "Permanent" storage site for "all" of my SMR's. The records center said they never heard of it happening & could not explain it. For years & years, they had me send requests to the national records center, for my SMR's. Sure did make me feel foolish to realize just how long they played with me like that.

There were enough SMR's for DR Bash to diagnose & service connect MS & my other issues.

It wasn't until I received what SMR's they sent me in 97', before I remembered having a bad reaction to vaccines. Fever, vomiting, gastroenteritis, ocular inflammation, fluctuating vision, fungal hyphea skin eruptions & a testicular mass is what records say. I spent a month in the hospital & a month recovering following training.

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

SSA?

I was a bit surprised at how close the SSA & the VA coordinate together to save funding.

I should have been service connected for my issues from the beginning & should have received both back in 93'.

VA denied all claims at first. So did SSA. Won SSI, after two yrs. Won the Pension claim, hearing loss,etc., right after that & continued to service connect the neuromuscular disorder/TBI & spinal issues

SSA denied SSDI, stating I don't have near enough credits. There were several yrs fighting wild fires for the state they wouldn't count & they both forgot to mention , I could receive additional credits for service during the Vietnam Era.

About 10 yrs later I won the SSDI award & retro. I was lucky enough to talk with the guy at the SSA, that remembered me getting the SSI award. He asked, "I thought the VARO was going to take care of you with Pension"? I said, "yes I thought so to. Then I found out that I was entitled to SSDI all along & I'm sure I'm entitled to VA as well." He was all business after that.

SMR's from the SSA? No they had nothing in their records according to them, from the VA.

So far, I have only filed for issues that are in the 1/3 of SMR's they have sent. Dr Bash put much together out of that first one yr of service. No telling whats in the rest of it.

>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----

I bet the best in the world computer file tracking system, is just as good as the best in the world health care system, or the best in the world rating officers.

>bet they didn't misplace those bonus checks?

Nope, but they did figure out how to loose the rules in obtaining them!

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Hello Pete,

>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.

That's an easy one to explain. My wife says it's simply because I'm too stupid to stay out of it.

>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.

I'm putting together a folder for the attorney now. Will try to have it detailed as best I can with my mind.

Help?

No, haven't seen allot of that. I'm not what you would call, "good ol' boy" minded. So I haven't made allot of friends along the road locally. My help & friends are on hadit & a few other boards. Would have been lost long ago.

I get so stiff after I sit in car for long distance. And my vertigo kicks in traveling through the mountains so bad, that by the time I get to the VA hospital in Seattle, I can barely walk.

Well, I used to take the wheelchair the VA gave me for times when I have trouble. Sometimes its from MS, spine or just vertigo so bad, it's far safer to sit. I can usually get to the back of the car & pull the chair out of the car to use myself. It didn't take but one or two flared up trips to get rumors flying around the INTERNET, how I fake using a wheel chair for appointments. So, I ordered a copy of my hospital records & sure enough, theres a comment from the provider that, "patient states he uses a wheel chair for appointments & a cane at home". Completely false statement. I told that man that the hospital provided it & that I use it for shopping on bad days, but use a cane most of the time. So that means, SOMETIMES, I can go from not using a cane, to using a cane, to using the chair.

I had stepped on a bunch of toes over the performance of hospital, VARO & NSO's employees that put out pure crap for a living. So folks thought it best to put me in a place that I would shut up.

Almost worked. Caused much conflict with the Mrs, but don't feel right knowing others will go through the same treatment, so I keep doing what I can do.

The PVA has been good at helping, but it's the system, you know?

>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.

That's very kind of you Pete.

I could use help from anyone, but all that is needed, is for the claim to be viewed & processed in an honest & fair manner. And they have everything before them to do that.

Lord only knows how long it will take this adminstration to operate within the law.

I have learned with royalty, it's whenever they feel like it.