In 2009 I saw my first VA medical doctor and after refusing to review my service medical evidence I had brought with me he put into my VA medical record inflammatory remarks that after 2 years I was able to get them redacted from the record. Can this record now be used as evidence against my claim? The medical record states on it now that a part of it was redacted. This changed the VA medical record but before I could get the statements redacted a C&P examiner used the record against me when denying my claim. I brought up this issue during my DRO hearing but of course it does not appear in the transcript of the DRP hearing and now my claim is waiting on the BVA to review my claim.
My question to my learned friends is can a VA redacted medical file be used as evidence against a Veteran? I read somewhere that a VA ruling was handed down that since the contents of the Medical record had been redacted that it no longer is valid as evidence because it changed the content of the record making it invalid.
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VictorE
In 2009 I saw my first VA medical doctor and after refusing to review my service medical evidence I had brought with me he put into my VA medical record inflammatory remarks that after 2 years I was able to get them redacted from the record. Can this record now be used as evidence against my claim? The medical record states on it now that a part of it was redacted. This changed the VA medical record but before I could get the statements redacted a C&P examiner used the record against me when denying my claim. I brought up this issue during my DRO hearing but of course it does not appear in the transcript of the DRP hearing and now my claim is waiting on the BVA to review my claim.
My question to my learned friends is can a VA redacted medical file be used as evidence against a Veteran? I read somewhere that a VA ruling was handed down that since the contents of the Medical record had been redacted that it no longer is valid as evidence because it changed the content of the record making it invalid.
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