Is This Right

[unclejoe1]

I filed a claim in feb 09 just got off the phone with 1800 people at Va theytold me I had no exams scheudled that va docs were reviewing my medical records to write a medical opinion. Can someone tell me if this is good or bad.

[Commander Bob]

wow they do fly rofl can they whistle?

http://commons.wikimedia.org/wiki/File:Pol..._Donauwalze.ogg

[Hoppy]

If this is a claim for initial service connection I do not see how the doctors at the medical center would be in a position to make an opinion. They would need to review the service medical records to make a factual determination. I've never seen the regional office forward service medical records to a VA medical center. If this is a claim for an increase then it is entirely possible in many cases that a review of recent treatment reports would be all that is necessary.

By the way, I did win a claim for initial service connection 25 years after my discharge without a C&P exam. However, I took my service medical records to the head of the department that was treating me at a VA medical center and had him review the service medical records and write a nexus opinion. If you have previously taken your service medical records to a VA medical center then it is possible that the guy on the phone was right. However, it would be a lucky guess because I do not see how he would know that you had taken the records to the VA medical center and that they had determined that the medical record you took them were sufficient to make a determination.

If it is a claim for initial service connection I would bet the person you talk to at the 800-number just plain didn't know what he was talking about. I walked in to a regional office and asked the representative behind a desk a question about compensation and pension exams. He told me that the VA does not schedule compensation and pension exams for initial service connection if the veteran was discharge more than a year ago. What he told me was absolute BS. There are people who work at the VA who don't have a clue. If you think somebody gave you some bogus info I would call again and talk to someone else and try to find out what's going on.

If you would like us to make some educated guesses about how your claim will be processed you could post more details about the injury or illness, how it was diagnosed and documented in the military and how it's diagnosed and documented at this time.

Edited March 31, 2010 by Hoppy

[cowgirl]

Hoppy well stated and I hope that helps Uncle Joe here get a fair compensation exam. True VA medical treatment records are one thing and Service Treatment Records (STR) another, two seperate records. When claiming for a condition, initially I recall that my STRs were reviewed, purused, and used to make initial SC/NSC decisions. Then when I appealed, notice of disagreement (NOD) I believe my STRs were on hand, but I can't confirm they were used in the decsision. Of course, the examiner added the statement to their report.

A different time, there was only the doc, computer and me. I carried a blank exam copy, particular STR pages selection for my chronic condition and internet medical printout that I thought described my dilema. Shared it all with the doc and got what was asked for - no STRs on hand.

I wonder since it was mentioned, could some STRs be made available to VA doc's? Then with VA treatment records (VTR)s and STRs, its possible a decision could be made. I just don't see how unbiased it could be if a vet is treated by the same doc for the same condition requested for Service Connection (SC).

Do take heed to make sure what you've claimed is what is being considered for SC or increase. Found laymen (us, the veteran) and professional (the near experts) can have condition names or terms crossover, get mis-stated or miss the boat alltogether.

JRW, Postman and Testvet good insights too. This non-exam bothers me, but if the VTRs make it so - so be it to Uncle Joes benefit.

Best to ya, Uncle Joe and that Blue pig for good luck!!

Cg

p.s.Not sure if everyone has copy of STRs in their Cfile - they'd be available 'legal VA documents' then and on hand for any decsision, eh?.

Edited March 31, 2010 by cowgirl

[Stretch]

Luck, unclejoe1

ad astra per alia porci = to the stars on the wings of a pig

A favorite saying of John Steinbeck. A professor told him that he would be an author when pigs flew. Every book he wrote is printed with this insignia.

[halos2]

According to VBM 3.2.1 The VA can refuse if it believes that "no reasonable possibility exists that such assistance would aid in substantiating the claim." Also in the VA decides after receipt of vets records, vets statements, other vet records, their appears no precipitating disease, injury, or event that occurred during vets military service could have led to a medical condition that is the subject of the claim,then the VA may not order a medical exam.(this is the 2nd requirement of 3 to win a disab. comp claim).This would be because the claim could not be granted no matter the diagnosis of this disability.

Another reason why one may not be ordered is if their was no qualifying service, or lacking merit.

Also it may not be ordered if the vet does not submit, and no record contains lay or medical evidence that this vet has recurrent or persistent disability symptoms. Just a 1 or 2 time occurance will not fly. There needs to be a progression.

A vet should submit a claim statement describing the symptoms that are related to the medical condition that of which the vet seeks service connected benefits. The vet needs to describe this in as much detail as possible. In other words if condition is persistent document this, not just say pain occurs sporatically, but what aggravates it, how severe, how long duration, how disabling,etc. Be as specific as you can.to connect symptoms to the vets medical cause.

This disability must be existing presently.

Remember lay persons, may not give medical expertise. Only those with special knowledge and education may provide this evidence linking the symptoms to a particular medical cause.

However if the VA deems the records in their possession do quantify a sc disability then they may make a rating decision without the necessity of a C&P exam. Sounds like the records offer the direct sc link so looks favorable here. Good luck, remember you can always NOD if not satisfied with decision.

Edited April 1, 2010 by halos2

[unclejoe1]

Thanks everyone for the insight, Im going to go into depth a little more on my sitution. I have several claims in, in need of two hip replacements because of severe arthiritis. I had an independent doc writing a letter stating the only way I could have gotten oa was from military service.I constantly go to va for treatment, cortizone shots, therapy, and several diffrent meds for pain. In my Smr i got injections in lower back after being injured during field exercise, and other medical records from 2006 to present that I have been getting treatment for my condtion.