Can Redacted Va Medical Record Be Used As Evidence Against Veteran

[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.

[free_spirit_etc]

Victor,

I have tried searching for some cases for you. I know it is frustrating when you ask for help with something and instead of helping, people just tell you that you don't need that, you need something else. But a search is hard because it will pull up a lot of cases with the word redact, but discuss it as a different issue. Most of the cases are where people want certain things redacted because the court record will be public, but the court decides that the court needs to be able to view the unredacted information as they need to see the exact record that was before the Board. That is a totally different issue than yours.

[free_spirit_etc]

Victor,

I know the feeling. I feel my case is very strong - and it would be if the VA plays fair. But they don't always. So I vacillate between thinking I have a strong case, and then worrying about if there is one sentence in my IMOs that the VA will pick out and distort and act like that is the whole issue. They make us worry about tiny little details that shouldn't matter.

And I have not been through anything NEAR the crap you have. So the VA has totally earned your distrust. But it sounds like you have a VERY strong case, and your attorney will be able to expose the C&P opinion for what it was - complete and total nonsense. And having an attorney is sending a very strong message to the VA that you are not going away this time. They will know that they can just give you some BS denial and send you on your way now. And the BVA will actually look at your medical board records.

As far as the redacted statement - I would be more worried about it if that was the reason your claim was denied. But if not, it might be best to let sleeping dogs lie. As far as VA examiners who specialize in whipping up BS to deny veteran's claims -- I am appalled by the practice. It would be one thing if they honestly believed what they wrote. But I am convinced that many times they don't. They know full well that the veteran is entitled to benefits, but they have sold their soul to write opinions to deny them.

Edited October 20, 2013 by free_spirit_etc