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ruby

Question

For the life of me I can't find the section where it talks about different types of evidence to be reviewed in your smr's.

Specifically indications of "markers" I want to use thier language in my claim. Such as The following entry's in my SR are in accordance with section xxx and are classified as "markers".

Then I list the markers.

Thanks

Ruby

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  • HadIt.com Elder

I found the best way for me was to review BVA Claims that were granted for my condition and use them edited to reflect me and use the CFR's and Court Cases cited by the BVA. It uses their language.

I would type in search panic + award and a lot of claims would come up at BVA site or on the DVD I had of BVA decisions back in 1991 before BVA posted much on internet.

Good Luck

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I found the best way for me was to review BVA Claims that were granted for my condition and use them edited to reflect me and use the CFR's and Court Cases cited by the BVA. It uses their language.

I would type in search panic + award and a lot of claims would come up at BVA site or on the DVD I had of BVA decisions back in 1991 before BVA posted much on internet.

Good Luck

Thank you Pete, i will try that

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Good for you Pete-BVA decisions -even their denials-contain a lot of info as to the way the BVA thinks.

Ruby-the VA isnt going to really look thru SMRs to find anything to help support a claim.

I think the best thing a vet can do is to send copies of their SMRS with magic marker highlighting the specific entries in support of their claims.

I had a local claim here in which this become the defining moment for the vet- after years and years- at CAVC twice and constant BVA back and forth stuff-

for over a decade the VA said his SMRs did not reveal anything symptomatic of what he claimed as service connected.

Old SMRs from the 1960s- they were very hard for me to read-I had to blow them many up in my PC to read them-

and then read a lot of medical literature-

it took quite a bit of time to do-

long story- he won his claim- with a retro back to his initial claim-about 12 years of retro-

The VA, and the BVA did not see the significance of many entries in his SMRs.I didnt think they even read the SMrs well-then again as I said -this took quite some time for me to do-time the VA isnt going to spend on a claim-

I had to highlight the SMRs entries and what they meant medically and the vet submitted this to the VA.His rep never told him to get an IMO- he got one for free from his private doctor.It supported what the SMRs revealed.

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