Getting Va Med Docs Corrected

[autumn]

back in the early 90's and just prior, i recently found documentation of a service org filing a few claims for me. they were denied. not surprized. i didn't even know what a c-file was until a few years ago.

what i read, were a handful of medical statements from the VA that are flat incorrect, and i have documented evidence to support this too.

how does a veteran go about getting such documentation corrected, challenged or whatever one correctly calls such things?

tia

[Veldrina]

unsure exactly what you're asking....do you mean the C&P exam had incorrect evidence, or the rating, or the service medical records?

back in the early 90's and just prior, i recently found documentation of a service org filing a few claims for me. they were denied. not surprized. i didn't even know what a c-file was until a few years ago.

what i read, were a handful of medical statements from the VA that are flat incorrect, and i have documented evidence to support this too.

how does a veteran go about getting such documentation corrected, challenged or whatever one correctly calls such things?

tia

[autumn]

unsure exactly what you're asking....do you mean the C&P exam had incorrect evidence, or the rating, or the service medical records?

i do not know what evidence the c&p doctor had 21yrs ago to be honest. he states things in his assessment that are incorrect and would cause medical prejudice.

there was ample evidence in mil med records to show certain conditions, and from what i can tell (i'm a layman), the c&p doctors back then ignored it [OR] it was never presented to them by the service org at that time.

as for the service med records, i would think, IMHO, that a few statements in them are just wrong. those statements are now viewed as wrong since the SC was granted recently. yet, how many years did va doctors rely on statements that were incorrect even though i tried many times to get them to run tests that would have proved those statements were wrong or correct?

[Veldrina]

well, unless it's something glaring, like a missing medal on your dd-214, i don't think there's much that can be done to correct the service records. As for the C&P exams, if there was treatment/evidence at the time & it was ignored, that sounds like a cue (clear & unmistakable error). Can't really say without viewing the info though. Sorry I can;'t help more.

i do not know what evidence the c&p doctor had 21yrs ago to be honest. he states things in his assessment that are incorrect and would cause medical prejudice.

there was ample evidence in mil med records to show certain conditions, and from what i can tell (i'm a layman), the c&p doctors back then ignored it [OR] it was never presented to them by the service org at that time.

as for the service med records, i would think, IMHO, that a few statements in them are just wrong. those statements are now viewed as wrong since the SC was granted recently. yet, how many years did va doctors rely on statements that were incorrect even though i tried many times to get them to run tests that would have proved those statements were wrong or correct?

[Ashleigh]

There may be a way to correct your records but I'm sure it isn't a cake walk. Check out this article:

For Service to Your Country | Correcting Your Military Records

My understanding is it's a lengthy process but it's worth looking into. I think most people give up but that doesn't mean you have to. I hope this helps. Good luck!

well, unless it's something glaring, like a missing medal on your dd-214, i don't think there's much that can be done to correct the service records. As for the C&P exams, if there was treatment/evidence at the time & it was ignored, that sounds like a cue (clear & unmistakable error). Can't really say without viewing the info though. Sorry I can;'t help more.

[carlie]

Also, keep in mind that the decision makers can only go with what

medical evidence is of record at the time the decision is being made.

If somewhere down the road some SMR's/STR's are discovered

and they weren't part of the prior adjudication, it would not mean to file

a claim for cue, you would file the claim under 38 CFR 3.156 c .

http://edocket.acces.../38cfr3.156.htm

Subpart A_Pension, Compensation, and Dependency and Indemnity

Compensation Sec. 3.156 New and material evidence.

(a) General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim.

(b) Pending claim. New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of Sec. 20.1304(b)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period.

© Service department records. (1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section.

Such records include, but are not limited to:

(i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph © of this section are met;

(ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records; and

(iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim.

(2) Paragraph ©(1) of this section does not apply to records that VA could not have obtained when it decided the claim because the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source.

(3) An award made based all or in part on the records identified by paragraph ©(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim.

(4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim.(Authority: 38 U.S.C. 501(a)) Cross References: Effective dates--general. See Sec. 3.400. Correction of military records. See Sec. 3.400(g).

[autumn]

There may be a way to correct your records but I'm sure it isn't a cake walk. Check out this article:

For Service to Your Country | Correcting Your Military Records

My understanding is it's a lengthy process but it's worth looking into. I think most people give up but that doesn't mean you have to. I hope this helps. Good luck!

i'll pass this along to the PVA rep in case they do not know of this. thanx