Credibility Of Veterans Testimony

[broncovet]

In the following case, the credibility of Veterans statements are discussed in some detail:

http://search.uscourts.cavc.gov/isysquery/2b44d935-6394-40f6-868f-2958e3015039/4/doc/KahanaRK_09-3525.pdf#xml=http://cavc-isys1.cavc.adir/isysquery/2b44d935-6394-40f6-868f-2958e3015039/4/hilite/

It seems as the VA is always saying the Veterans evidence has to be corroborated.

Not so, according to this judge who stated,

"In general, the Board cannot determine that a veteran's lay evidence lacks credibility solely

because it is not corroborated by contemporaneous medical records. Buchanan, 451 F.3d at 1336"

[USNDW]

I think it is about time they consider the Veterans input on their injuries. Everyone knows not everything gets into the medical record, or did but when the medical record gets to the VA, things are suddenly missing. Veterans today have so much more information at their fingertips and many, like myself, look up on line the conditions and injuries that exist and make certain these are placed in the medical records.

Big Red, I wanted to make sure that my male pattern baldness was listed because before I went in the Navy I didn't have it, and while serving I did. Also wanted to make sure every mole was biopsied, my hemmorhoids were accounted for, each and every ingrown toenail, and last but not least I asked them to ensure they documented my chipped teeth, so if I ever bite my tongue off I can claim it secondary.

Seriously though, with the information available today, and apparently someone with common sense at this level, the VA should consider Veterans lay testimony to carry a lot of weight. I have lived with a serious inflamatory issue for the last 4 years, I know a little bit more about my specific condition than the C&P examiner who saw me for all of 5 minutes. She wasn't aware of the nuclear bone scan, the MRI's, the X-rays, the blood tests, and everything else they did, she didn't know how it effected me on a daily basis, and didn't even ask, so it would be correct for the Court to find Veterans have the ability to produce testimony and statements that would describe and define their condition and how their condition effects them on a personal level.

[Vync]

Would this case be considered precedent?

[humalong2]

Gees many many years ago a couple of BVA lawyers were canned.

They were found stuffing claims into old file cabinets so they didn't have to work on them.

This was in the days of the Prodigy Vets BBS where I met our wonderful hadit member and Mod-Pete.

We had a great community on Prodigy & we were ahead of our time! Plus, Alex taught us so much. May he rest in peace.

Karen

[chr49]

I had knee trouble in basic training in 1969. I went to sick call and got an xray. There is no record of this in my SMR's. I spent two weeks in the hospital for some sort of disease when I got back from Vietnam. No record in my SMR's. I went to a army shrink for 6 months at Ft. Stewart before I was discharged. No record of that in my SMR's. I went to dentist to check my TMJ and had two teeth pulled. No record in my SMR's. Most of the medical treatment I got in the military is not in my SMR's.

I completely agree. In my SMR's there is a single page (properly labeled as mine) showing a B/P reading of 240/110 without any further documentation, reason, treatment, or follow up B/P's. I doubt that I was sent off without being medicated or re-checked, yet there is no evidence of it. My denial for hypertension said there was no record of hypertension in my SMR's...yet I found at least 6 incidents of elevated B/P that had no further documentation within my records. My SMR's show X-ray results that indicate I had a spinal fracture yet there is no documentation as to injuries, or follow-up, etc. I also had a severe reaction to a scorpion sting while in advanced training in 1969 or early '70 and was kept overnight for observation...there is no record of this in my SMR's. Essentially, my SMR's are worthless to any claim.

[retiredat44]

I can barely read the writing of my doctors from my SMR's from 30 yearsd ago. I have no idea how anyone can read them clearly.. even a trained doctor might have a very hard time reading another doctor's notes, before computers were used.. The biggest problem is even when the records have the information, the informations and records of evidence are ignored up until testimony is given. They bastages totally ignore evidence. I hate it when they actually say to your face there is no evidence of soemthing, and you bring it up and they don't even apologizie. I get the imnpression from al the people I have delt with at the VA claims process, i s that they have to deny deny until you die. it is like they have been threatened with being fired if they let any vets win. and by win I mean show that they caused injury and illness. Evil, evil, evil... I get very angry because I suffered in extreme agony from my injuries, I screamed and cried in apin for long periods of time, now those injuries have caused terminal illness and 20 years in bed sick. S o, I have a lot to be extremely angry about... I wish I could put the suffering in a needle and inject those va claims people with it, let them know what hell is...

[broncovet]

Its kinda like what Jim said, quoting the Supreme Court Justice: The VA takes a position that is "substantially unjustified" (aka "bogus") against the Veteran most of the time.

Let me put that into English:

The VA denies us for bogus reasons, then takes a bogus position against us in appeals.

One such "bogus" position is the denial based upon the lack of documentation in the SMR's.

The VA has been caught shredding thousands of Veterans evidence records. Who knows how many records shredded that were NOT caught?

The "lack of evidence" in the SMR's is not conclusive proof that the Veteran does not have a SC disability, but this is what the VA would have us believe. Actually, it is a logic error. Its impossible to prove a universal negative. The VA denial of a claim based upon a lack of documentation in the SMR's is like .."Gee, I looked for my keys in 6 different places, therefore, my keys do not exist anywhere on this planet"

While evidence which documents a Veterans service connected condition in his SMR's would support his claim, the reverse is not necessarily true. There are multiple circumstances where a Veteran could have had an injury in service which is not documented in his records such as:

1. The injury was treated but not documented. The medic treating you may have had compelling reasons why he did not document your injury, such as him being shot at.

2. The documentation was lost physically by the government, such as the St. Louis fire.

3. The documentation was deliberately destroyed by the government.

4. The documentation was mis filed in another Veterans file.

5. The documentation was "electronically neutered"...lost in cyberspace.

6. The Documentation was deliberately altered by the VA:

http://www.pva.org/atf/cf/%7BCA2A0FFB-6859-4BC1-BC96-6B57F57F0391%7D/legal_veterans%20due%20process.pdf

To conclude the Veteran does not have a valid SC claim based on a lack of documentation in the SMR's is to suggest that the above six reasons are impossible.