Question On Evidence

[hulamatt]

Like many people the VA is now moving along with my claim i received a letter stating that i needed to sign over a consent form to release medical records to them from a hospital, because the one they have is over 60 days old( more like a year and 4 months old. My question is this, i do not want them to go through the process of getting these records, i have enough evidence and this is just going to delay the process and i fear this new found luck (beggining of fiscal year) is going to pass by and im going to be waiting till next october. Also they have requested records from themselves, when i have already given them these. So my question is what should i say can i just say that i do not want to delay my claim any longer and am not submitting anymore evidence nor do i want anymore to be gathered. Also they asked for direct deposit info, i personally would like to get a check, is this possible? I just want to go to the rater and get this over with so i have either a positive outcome, or i can hire a lawyer and stop dealing with this all by myself,

[brokensoldier244th]

Yes, you can fill out the form and check the box that says you have nothing else to submit. I usually include copies of whatever I was going to submit with mine, including my own copies of stuff from Release of Information from my VA records.

Good luck.

CAS

[TravHill]

I'm kinda in the same boat. My claim has been pending since Nov of last year. Recently, they asked for more copies of my medical records. My DAV Rep said "anything over 6 months....and they will want current records. If you can get them faster, go get them and bring them to me....and we will submit them".

That's exactly what I did. We also submitted another statement in support of, and another VCAA notice telling them again that this is all of the records that we have....there are no additional records to review....and please consider my claim with the records that you have as of today. Also they wanted latest records from my chiropractor (who I haven't seen since submitting my original medical records) and we told them to stop trying to get additional records from this office as there are no new records to obtain.

Also, even though you may have seen your doctor for other issues, but not related to your claim, there is no reason for the VA to have those records. Getting the records and submitting them yourself allows you to remove non-VA related health issues.

Travis

[sharon]

If you have given them the records "DO NOT' send the form in. Send them a statement that you do not want them to send for the records as the information is already to record. If you send the form back they have to send for the information even though they already have it from you. Also tell them that you have no other evidence to submit and that you wish them to continue to process your claim without delay.

[brokensoldier244th]

Even though I usually check that box to adjudicate quickly, should anything come in that is more current, medical wise, I go ahead and submit it through my DAV rep. They haven't refused it, though sometimes the timing has caught me where they had already moved to decision before my submission got to them. It happens.

[brokensoldier244th]

The VCAA letter doesn't release anything. The additional release form they send with does. If you don't send in the release form then they adjudicate based on what they have. It is in your best interest to have the most recent information to them, though.