Why Must A V.a. Doctor Consider Service Medical Records During 1966 Exam?

[deltaj]

Do you know what statutorily mandated requirements existed in 1966 that required V.A. to consider service medical reports received in support of a pending claim?

[Berta]

I would certainly think they would be the same evidentiary requirements as they are today.Service medicsl records have always been a prime and often initial consideration of pending claims.

Justia goes back to 1975 re: 38 CFR 4.1 et al:

http://law.justia.com/us/cfr/title38/38-1....1.5.1.96.1.html

[Berta]

This case makes many references to evidence in 1966.

http://www4.va.gov/vetapp09/files1/0907023.txt

I wonder if you emailed or called the BVA ombudsman (their email addy is at the VA web site-or I think I reached an ombudsman through the main VA number too -they might be able to help you access those older regs because obviously-as this case indicates- the BVA has them.

[carlie]

Here's another one that may apply to your question

but I do not know what year this reg went into effect.

I would certainly think that all SMR's have to hold probative value.

carlie

§ 4.6 Evaluation of evidence.

The element of the weight to be accorded the character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability.

Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously

studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law.

[Wings]

x

x

x

Call Billie Grey - Board of Veterans' Appeals - Law Librarian,

Grey, Billie J. – Law Librarian

Board of Veterans Appeals

810 Vermont Ave, NW (01C1)

Washington, DC 20420

Phone: 202-461-8182

Fax: 202-565-6372

Email: billie.grey@va.gov

[Wings]

x

x

x

https://shop.heinonline.org/

Federal Register coverage is comprehensive and begins from inception (1936). Multiple browsing and searching features are available, as well as additional content such as the CFR from inception (1938) as well as the United States Government Manual from inception (1935) and the Weekly Compilation of Presidential Documents from inception (1965).

24 hours ($19.95)

48 hours ($29.95)

1 week ($39.95)

[Wings]

x

x

x

I wrote to this Company (Hein), and they responded that there is no free lunch, I gotta pay to play. I am going to write them again today, and ask for a free trial before I give them my veterans pay. ~Wings