Bva Decisions And Va Treatment Records

[Vync]

I have located numerous BVA claim decisions and significant VA treatment records I wish to submit in support of my claim.

I have created a master index which details the date, location, physician, and synopsis of the medical records. It also includes the citation number, and web site link for the BVA decision.

- The RO has electronic access to all of my VA treatment records.

- The RO has electronic access to all BVA decitions.

- In the past, the VA has mailed back any duplicate medical treatment records I sent them, either theirs or from other physicians.

What is the best way to submit this information in support of my claim?

Should I submit hard copies of everything, with key information highlighted, or would the master index be sufficient?

Thanks!

[Berta]

Copies of any of your medical records, highlighted as to the pertinent parts , is a good idea.

BVA decisions -even if similiar to your claim, are 99% of the time deemed as not relevant as evidence by the VA as these decisions only apply to the specific veteran the decision was rendered for.

However I have used BVA decisions (I pasted the BVA link and quoted from the decision) in my responses when the BVA has made a legal interpretation that could involve any similiar claim.

For example Jbasser had an excellent SVR radio show last night on asbestos in service causing subsequent serious disabilities in veterans.

Say a vet applies for comp under the asbestos regs and has ample evidence but the VA denies.

Say the vet finds a recent BVA decision that lays out the exact scenario within M21-1 et5c that VA must follow for asbestos claims and say they failed to follow this criteria in the denied asbestos vet's claim.

The vet could ask for reconsideration ASAP and attach copy of the asbestos protocol and the entire BVA decision that shows the criteria that the VARO didnt follow.

Other BVA decision ususally dont help a claim-

Say a vet with same MOS ,same branch, timeframe etc, as you has had hearing loss granted by the BVA due to service

yet VA denies your hearing loss claim which is almost exactly the same.

The VA might consider that vet's decision but it is highly unlikely that they would.

One thing about BVA decisions- James Scripp's AO award is a good exampkle and so is my BVA award-

The BVA only lists a portion of the evidence in many cases that the vet or widow sent to them.

I talked to James Scripps when he won- the work he did was very extensive yet not all of it was listed as evidence in the decision as I recall- same with me- 7 years of research and competent lay medical evidence, but the BVA highlighted my 3 IMOs instead not mentioning the years of research that I did in order to provide 3 IMOs.Without the research I would not have been willing to pay any IMO fee.The research I did proved to me my claim would succeed so I invested thousands into the IMOs.

My point here is that BVA decisions do not always tell us exactly what evidence led up to their decisions.Many cases that seem very similiar at the BVA to another vet's case might well have much more to them then meets the eye.

By all means use them as links if you wish and add a short quote from them, at the end of your submissions, but do not rely on these BVA decisions-

It is the medical evidence -specific to you- that should be highlighted to support your claim.

If that is the only part they read-since they breeze through our stuff as fast as they can- you have gotten their attention on the most important part of the claim-your medical evidence.

Edited February 18, 2010 by Berta