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Question On V.a. Fee Basis Records

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  • HadIt.com Elder

Are V.A. fee basis records presumed to be in the custody of the Secretary of Veterans Affairs? In 1979 my husband made a claim for increase but failed to submit any evidence to V.A. in support of that claim. No rating decision was ever made. BVA stated this veteran abandoned his earlier claims but V.A. has never obtained copies of his V.A. fee basis records. I don't think he submtitted any evidence to V.A. during the one year after the claim. A service officer from CDVA filed a subsequent claim and asked for an exam for him but V.A. didn't grant it. He later got 100% from a later date. I am going to recheck his file looking for evidence he submitted within one year (see the Federal Circuit decision in Charles v. Shinseki.) Also I'd like to know if V.A. had any obligation to provide him with a V.A. exam in support of his claim.

Edited by deltaj
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  • HadIt.com Elder

Fee Basis keeps there records separate from other VA records. You have to ask for them specifically.

Veterans deserve real choice for their health care.

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