Just got a letter from Nashville RO about my NOD(in which I sent them the filled-out Requests for Information and TDIU that they had sent me). They stated that I am responsible for getting the treatment and work records that they have requested from a non-VA hospital and my former employer. So I called both of them, and found out that neither one has received a request from the RO. I called the Nashville RO, and after figuring out how to talk to a real person (I just kept holding until the recording gave up repeating itself), I explained the situation to her. The lady was very friendly, but not too helpful. She asked me that since I had done most of the ground work already, could I have them fax the requesting records to the RO Appeals Management? The lady explained that she could not bring up copies of the letters that were supposedly sent by the Appeal Management office, which were supposed to be scanned in. So she did not know if the letters were actually sent yet, but she did find a copy of the letter that was sent to me. She said that Appeals Management is its own office, and gave me their direct fax number to have the records sent to.
I am confused. Isn't the VA supposed to assist by law in obtaining medical and work records? From the Veterans Disability Lawyer Site:
The VA Duty to Assist in Getting Records for a Veterans Disability Claim.
"The Secretary must make reasonable effort to assist claimant in obtaining evidence necessary to substantiate the claimants claim for benefits under a law administered by the secretary." 38 U.S.C. 5103 A. The standard by which the VA must apply this is slightly different depending on whether the records sought are federal records or not.
For federal records the VA must make continued reasonable effort to try and obtain those records. The VA can stop pursuing the records only after they are reasonably sure the records the records don't exist or that a continue effort to get the records would be futile. 38 U.S.C. 5103 A (B)(3). Even if VA for the above reason stops attempting to get records they have an obligation to notify the claimant and inform the claimant of possible alternatives to those records.
For other than federal records such as private doctor records the VA must make reasonable efforts to get them. The Veterans Administration must send a request for the records and if they don't get them after 2 months they must make another request. They are then supposed to continue to request the records if they have "reason to believe" the records could be acquired. It is particularly important that you help or get the records yourself when dealing with non-federal records becasue it is not uncommon for doctors or other medical institutions to ignore these request or react extremely slow to them.
For the Veterans Administration to fulfill its obligation there must be record of their attempts to get the records in the file. If there is no record of their attempts then it is grounds for a remand.
While my non-VA treatment records are private, my work records are Federal Government. However, there is no record of the Nashville RO Appeals Management even attempting to obtain the records. I am very annoyed! ;)
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Bonzai
Just got a letter from Nashville RO about my NOD(in which I sent them the filled-out Requests for Information and TDIU that they had sent me). They stated that I am responsible for getting the treatment and work records that they have requested from a non-VA hospital and my former employer. So I called both of them, and found out that neither one has received a request from the RO. I called the Nashville RO, and after figuring out how to talk to a real person (I just kept holding until the recording gave up repeating itself), I explained the situation to her. The lady was very friendly, but not too helpful. She asked me that since I had done most of the ground work already, could I have them fax the requesting records to the RO Appeals Management? The lady explained that she could not bring up copies of the letters that were supposedly sent by the Appeal Management office, which were supposed to be scanned in. So she did not know if the letters were actually sent yet, but she did find a copy of the letter that was sent to me. She said that Appeals Management is its own office, and gave me their direct fax number to have the records sent to.
I am confused. Isn't the VA supposed to assist by law in obtaining medical and work records? From the Veterans Disability Lawyer Site:
While my non-VA treatment records are private, my work records are Federal Government. However, there is no record of the Nashville RO Appeals Management even attempting to obtain the records. I am very annoyed! ;)
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