I will check with my ROI again just for kicks. It was not an issue that I thought too much about.. there are bigger issues at the VAMC.. what I really needed at the time were MRI records, but they would not release any records that were even part of it..
I actually believe legally they can hold your records, that are part of evidence, until they decide the claim. After all a claim is a legal action against the VA. The FOIA and right to records exists at all levels of the federal government, but it is not instant access, nor unlimited.
. . You have split this point correctly, and it is a key point. I have seen it echoed on this board over and over that get your claim file and c&p results right away.. But really there is no point until after your decision comes back. People don't want delays, yet they do everything possible to create their own delays. ( I actually tried to get my claim file while it was being decided, and the VARO told me exactly what I needed to do.. But they warned me, it would add a 5 month delay. )
I understand you have a strategy, and you know the system.. I had a strategy even before I let my wife file the claim. And my strategy worked. I have not filed claims I should or could, but I will in a few years if I have too. Luckily at my VAMC they have some highly respected docs in a few areas, that diagnosed me, and the C&P docs just took their findings.
I agree that most of my SC ratings comes from the C & P doctors accepts my VA doctors opinions so I am very lucky. I just got a copy of my latest MRI which is pending SC. My C & P exam was on June 19, 2009 and my VCAA was not due to June 26, 2009. I wanted to wait and send in the new evidence so now VA should review it and request another C & P or return it back for a medical opinion on the new evidence. I know it will delay my claim for development of new medical evidence but I am OK with that. Getting a copy of your MRI report should not delay your rating and the VAMC should process your request. If they don't try going to the patient advocacy office, and tell them the ROI refuse to give you a copy of your MRI report(S).
Edited by pacmanx1
My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.
Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.
I do not give my consent for anyone to view my personal VA records.
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pacmanx1
I agree that most of my SC ratings comes from the C & P doctors accepts my VA doctors opinions so I am very lucky. I just got a copy of my latest MRI which is pending SC. My C & P exam was on June 19, 2009 and my VCAA was not due to June 26, 2009. I wanted to wait and send in the new evidence so now VA should review it and request another C & P or return it back for a medical opinion on the new evidence. I know it will delay my claim for development of new medical evidence but I am OK with that. Getting a copy of your MRI report should not delay your rating and the VAMC should process your request. If they don't try going to the patient advocacy office, and tell them the ROI refuse to give you a copy of your MRI report(S).
Edited by pacmanx1My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.
Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.
I do not give my consent for anyone to view my personal VA records.
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