Operation Report

[foreveryoung]

Can anyone tell me if there is and operation report required to be filled out after surgery? Something like, made incision 2 inches below this area, or found this abnormality etc. I was told by a VA surgeon I should have had one.

Thanks

[Berta]

Foreveryoung- does your CUE somehow circumvent the constructive rule in Bell V Derwinski?

WHat I mean is did they give you the wrong diagnostic code prior to 1992?

Bell V Derwinski

"In Bell v. Derwinski, 2 Vet.App. 611, 613 (1992) (per curium order),

the Court noted that where "documents proffered by the appellant are within the Secretary's control and could reasonably be expected to be a part of the record `before the Secretary and the Board,' such documents are, in contemplation of law, before the Secretary and the Board and should be included in the record." Bell noted that, if such documents could be determinative, a remand for readjudication would be required. Here, the disputed items would probably not be considered determinative, thus requiring a remand, but they are

relevant and should be included in the ROA if they were in the Secretary's "control" so as to charge him with either actual or constructive knowledge."

From: Simington V Brown-

Prior to this per curium order in Bell, as I understand this-the facts and medical evidence had to be in VA's physical possession at time of alledged CUE.

[foreveryoung]

I have a BVA hearing next week where I plan to bring up some CUE issue I believe they made in 1980 and 1992. In my BVA ruling in 1980 I believe they may have given me the wrong diagnostic code. I have alot of last minute cramming to do. I hope all goes well when the time comes.

[Berta]

I wonder if the BVA would address a CUE unless this is part of your appeal already-

Myler V Derwinski- the VA failed to assign the proper percentage rating based on the medical evidence they had-in 1953 and the veteran successfully proved CUE in 1991.

The VA had assigned a "0" % rating for a through and through gun shot wound.

The medical evidence in 1953 showed evidence of disability to "at least a moderate degree" as the GSW went through muscle Group XIII.

In this case the veteran had medical evidence in the file in 1953 of the disability and the CUE occurred in the rating and the diagnostic code.

Edited June 21, 2006 by Berta

[foreveryoung]

Yes, this is part of my appeal.

DON20906

Did you ever receive the emails I sent you off line, or were you not able to answer them?

Edited June 21, 2006 by foreveryoung

[Guest frank]

Can anyone tell me if there is and operation report required to be filled out after surgery? Something like, made incision 2 inches below this area, or found this abnormality etc. I was told by a VA surgeon I should have had one.

Thanks

on my navy discharge,it states what scars i have on my body,look on your discharge. frank

[Guest frank]

Should the VA have had them?

hi everyone,i have progress reports,from hospital in japan,i got these went va sent me my records,they claim the have no medical records,of why i was there ,the progress reports state daily doctors vists,also signed by doctor would something like this help you ? frank