Does Va Take Dx From Mil. Medical Records?maybe Tmi For Men..

[AFMedic09]

Or do they go by what is done at C&P? I had a pelvic at my C&P, but in order to see my cyctocele the dr. would have had to turn the speculum sideways. (Otherwise it is pushing against the rectal wall, and bladder holding it up) She did not do this. However, I was sent to a specialist at UNC while in the military who did a lot of testing and measuring, and I sent a copy of that report in with copies of other medical records with my claim.

I am just wondering if the VA goes off of diagnosis' given while in service, as they are in your medical records, and treatment of them is in there as well? Thank you!

[jvretiredvet]

38 CFR 3.303(a) http://www.benefits....ART3/S3_303.DOC

Or do they go by what is done at C&P? I had a pelvic at my C&P, but in order to see my cyctocele the dr. would have had to turn the speculum sideways. (Otherwise it is pushing against the rectal wall, and bladder holding it up) She did not do this. However, I was sent to a specialist at UNC while in the military who did a lot of testing and measuring, and I sent a copy of that report in with copies of other medical records with my claim.

I am just wondering if the VA goes off of diagnosis' given while in service, as they are in your medical records, and treatment of them is in there as well? Thank you!

[Pete53]

Fact is VA can and does some pretty strange stuff on their own accord

[Capt.]

Hello AF and WELCOME....... Pete pretty much has it summed up. The VA pretty much does almost anything they want.....will do anything they want and then to top it off will come up with new ways and use old ways to mess up the claims process of the Veteran.

However ,,,you have something you mentioned in your post that will definetly work in your favor. That you were treated in the Service for a condition. Now what you must do is to get the service condition ...SERVICE Connected. This will take time and patience. Connecting the dots to show the Regional Office that your injury/disease is related to your Military service.

It may be a Service Connected by 2 means. Either Presumptive which will be covered under the VA presumptive sections or it can be DIRECT.

You will have to decide which category will and also where you served will normally dictate which category or path you can pursue your claim.

It will take research and careful groundwork to stay on track and focus so as to win at the different levels of the VA process steps that you embark on when your claim is filed and as it moves ahead.

You will receive more help here when you decide to what you are trying to claim and which course you are going to take. Most of us started out with Veteran Service Officers from one of the Service Groups. If you are lucky you may find one that has some type of experience and knowledge to help get your claim going in the right direction. It will take patience , no matter what happens on your choosing. After an initial decision from the Regional Office ,,,,everything changes and you are allowed by law to use a VA lawyer(if decision is after June 21, 2007) which many of us have done. You will find alot of folks here that have won their claims from this site at HADIT. This place is that good. But at some point the claim probably will get to a place where it may be to your benefit to use a Lawyer to make sure the VA doesn't just run you down. You will find lawyers here that are recommended and even are guest on the wonderful SVR radio show hosted by Jerrel Cook and some of our board members. Those shows are archived as well.

Independent Medical Opinions are almost a must and you have sections here also archived to help you in this area , as well as members to guide and recommend to you. The Veteran has to CONNECT THE DOTS. It is EVIDENCE that wins your claim. Those records in the Military Service Files ,,,, both Service and Medical and those outside of the Military. All of it together will be the Cfile and that is what the VA has to look at it and the Courts also.

I would suggest to you that you follow your timelines and understand how this works in the Claims Process and try to study as much as possible the Archives here at Hadit.

I would also tell you that you are NOW at the right place. There is not another site like Hadit. I learned that along time ago . Most of us here have already been to other places and tried different routes. You will find that this is family and everyone is trying to help the others here , no matter what is going on with the Veterans claims. So please try to remember you are among others that either have or are going thru the same process , maybe even the same disease/wounds that you have. So help is here and many of us DO CARE and try to encourage and help even thru the rollercoaster ride of ups and downs on this ride called the VA.

I would also say that probably the most important thing a Veteran needs to remember is to NEVER GIVE UP..... God Bless, C.C.

Edited April 2, 2012 by Capt.Contaminate

[AFMedic09]

Thank you so much for your response. I filed the claim Jan 24, 2011. had my C&Ps in March 2011. Sat in gathering evidence until March 22, 2012 and now it is in Preparation for decision. I have a feeling I will have a fight on my hands. Not sure why this has taken so long other than them being back logged. Teh C&P examiner selected "normal" to most everything and when asked to bend for ROM she pushed to bend me further. The psych eval is the only C&P that I had which was detailed, but I'm not sure how that went. My memory is not so good, so I can't recall all the details of questions asked/answered. I am in the process of getting a copy of my C-file, but I don't want to slow the process down...

I was honest during all of my exams, and did not "play up" any condition as I had been told to do y other service members. I just want a fair rating. I am going through St. Pete so I hope that my file lands on someone's desk who is willing to look at all of the evidence and rate fairly. However, after reading other people's stories on here, and seeing their workload (and how many are pending in appeals) I am not encouraged. :( I of course will search through here to find help, and take any advice GLADLY. Thank you again for taking time to respond. I'll keep you all posted.

[Capt.]

Hello AF,

After reading your post and some of the other dates, actually I think you have been moving at a fairly fast clip. Most of the Regional offices have been finishing up the 2009 claims and appeals so you have gotten some decisions alittle faster. I am smelling a rat in the woodpile with your C and P examination but you do need to get your report when they make that decision. If the examiner was from a VAMC or VA clinic you can get those C and Ps fairly fast because they are part of the medical file. However if it is the QTC group this could spell a longer wait because they will belong to the Regional Office that ordered them and they will not give them up so easily.

The second part of that which I do not like is the way they can refuse to look at all of the Cfile or Medical information. This will require you to force it to the appeal process . Hopefully you may get a Notice of Disagreement filed to the Regional office and a Decision Review Officer. DROs can make a decision and award a claim at that level. It does not always take a BVA remand or decision to make them move. Case in point was I was awarded part of my claim at the Regional office DRO Notice of disagreement on some of my claims. But the main part got the appeal to the BVA with the Form 9 on those. Even though the RO missed some of the service connected diseases they did award part of it.

I also did not see any mention of a Private IMO to help your claim and connect the dots. You will surely need one especially once you see the examiners notes on what and why they either denied you or the Regional Office low balls your rating. Especially since you said that your C and P looks shakey. This is all about getting your evidence and having more than enough to sway the preponderance of evidence in your favor. 38 CFR 3.142 , Benefit of a doubt. You will receive help here on that once you get your report in and when you can view and get your hands on your Cfile.

I would wait for a decision from the RO before I did anything else as you do not want your momentum at the decision phase to be stopped or put back to the rear of the pile and more delays.

As always assume the worst and prepare for battle. Make all of your timelines and try to make all appointments and request from the ROs and your doctors. Now is your time to start researching and gathering evidence to propel your claim to the next step. Any decision that is faulty from the RO will and should get the proper response from you and your team to counter any measures or statements.

Above all please do not get discouraged or burned out and to NEVER GIVE UP. God Bless, C.C.

[Jumpmaster]

AFMedic09 Welcome and I agree with Cpt Contaminate hang in there and never give up. Patience is a virtue working through the VA BS so relax enjoy the ride and continue researching all you can find to support your defense. Many others here on HadIT have been waiting longer for some kind of forward movement in our claim at least yours is moving. Good Luck and have a great evening.