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Papa

Relying Solely Upon Military Records

Question

I have always wondered why the VA never performed a C&P exam on my Back prior to 2012. In 1973, they denied me because they said my Military records never indicated I was injured in 1969. My VSO at the time said there was no sense in appealing it. Well. in 1975, I put in another claim, but this time they said "Impression was a strain", and this came directly from my military records. Now, the Military Doctors never physically examined me, never took xrays, etc. I would have thought that the VA would have performed their own examination, and should they have not SC me in 1975, since they saw that I was injured in 1969?

On a whole different issue, but somewhat related, about 6 months prior to discharge, I was getting horrible stomach pains, but the Military Doctors kept saying it was only "Gas". I really had to get out, and start my civilan job to have a real Doctor look at it. Had a major attack about a month after discharge. One young Doctor, pushed on my stomach, and said you have a lot of Gall Stones, and they may have spread throughout your Bile System. He was correct. Instead of a small scar, I have a scar about 16 inches across my gut. I did get SC, at 0%.

But, my point is, why would the VA strictly use your Military records to adjudicate a claim? The Military Doctors are not always right.

Papa

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Because by just using your military records in your case they could deny you. When I filed a claim in 1972 I never got a C&P. The VA just relied on my military records and a statement by attending doctor while I was in the VA hospital for two weeks in 1972. They totally ignored my doctor's statement. This was so they could low ball me. I got no exit physical at all.

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I have always wondered why the VA never performed a C&P exam on my Back prior to 2012. In 1973, they denied me because they said my Military records never indicated I was injured in 1969. My VSO at the time said there was no sense in appealing it. Well. in 1975, I put in another claim, but this time they said "Impression was a strain", and this came directly from my military records. Now, the Military Doctors never physically examined me, never took xrays, etc. I would have thought that the VA would have performed their own examination, and should they have not SC me in 1975, since they saw that I was injured in 1969?

On a whole different issue, but somewhat related, about 6 months prior to discharge, I was getting horrible stomach pains, but the Military Doctors kept saying it was only "Gas". I really had to get out, and start my civilan job to have a real Doctor look at it. Had a major attack about a month after discharge. One young Doctor, pushed on my stomach, and said you have a lot of Gall Stones, and they may have spread throughout your Bile System. He was correct. Instead of a small scar, I have a scar about 16 inches across my gut. I did get SC, at 0%.

But, my point is, why would the VA strictly use your Military records to adjudicate a claim? The Military Doctors are not always right.

Papa

The va often uses only the active duty medical record for adjudication of a claim, especially now. First, the va adjudicator is not required to request a C/P exam if he can determine from the medical records alone that a medical condition exist and should be compensated. The only reasons a C/P exam is usually requested is to reinforce a claim, or to request a medical opinion. In your case an exam should have been requested since they said nothing was in the active duty record. ( but if there was no active duty record, I doubt you would have been awarded disability for you back anyway) In fact , now on major Military base, ( example; Fort Hood, Fort Bragg) they have opened VA adjudication offices. Part of the out process is to have a discharge physical and those results along with the medical records are turned over to the va office before the soldier is even discharged or retired, now they get their disability rating before they are sent back to the free world. I have a few disability ratings from 1986 that were decided based on my active duty medical records only. I don't know of any case where a C/P exam was not requested just so a claim could be denied.

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