Duty To Assist Is Misleading

[63SIERRA]

They tell you the VA has a duty to assist getting medical records from different places but they dont tell you its your repsponsibilty to provide a date range of the records pertaining to your claim,. I beieve they actually used that manuever to deny at least one of my claims.

So your best bet is to copy, and send them medical records that pertain to your claim, and give the accurate date ranges.

if they wont even look thru medical records to decide claims, what can they be so busy doing at these ROs? Probably playing word games,,, hmmmm whats a good word to downplay a broken leg>

answer, leg was hyperextended to the point of maximum flexation. DENIED SUCCA ,,,!!!

[john999]

I had a claim for an increase going for a mental condition and a new claim for TMJ at the same time. I got medical opinions from both the shrink and the dentist. The VA got confused and used the dentist opinion in my mental health claim and the shrink's letter for the TMJ. Needless to say I lost both. I then found out that the army dentist who told me I had TMJ and that there was nothing he could do about it had shafted me by not noting the DX of TMJ in my medical records. He knew I was going to Vietnam so he just wrote "Examination" in my records instead of a DX and prognosis etc. He did not want me to miss the boat to Vietnam. Now I get my own medical evidence and walk it over to the VARO. I can't even depend of the VBA to get medical records from the VA hospital next door. They requested medical records 4 months ago from a VA hospital 20 miles away and have not been able to get them. I wonder if I should get the VA medical records myself and send them to the VARO. It is a simple claim for an increase based on medical evidence for DMII.

[ArNG11]

Its funny how they play that game. I haven't hit that road block yet, however, from advice on here, I keep copies of everything I have sent on hardcopy and save it to my laptop as PDF's. I have also turned in the medical evidence that I submitted for my claim to my local VA clinic as a secondary source. They have the evidence I submitted with my claim, they'll get the evidence from the VA clinic that I submitted with my claim and they should match. I am very curious to see if the two sources will coincide with each other or if they have conveniently left portions of it out. Of course I am waiting for them to deny my gulf war claims because I had a doctor that knew what my problems were and gave me diagnoses and started treatment for those conditions. I agree with most on here, " DUTY TO ASSIST" ??? My big fat behind. DUTY TO DENY. Mislead and redirect is all that happens. That's ok though. I have learned a few things here and there and I'm ready to play. Regulations and laws. Those are my weapons and I believe they will hold true even if I have to get a bigger sword and someone else to swing it with me.

Anyways bad day to be writing this kind of talk. I am thankful for what I have and thankful that I still have a family to come home to every day. Things could be better, however, I know things could be a great deal worse. So when I get angry and remorseful and start thinking how bad I have it, I remember those who are in worse conditions than I and the souls that are no longer with us. Keep strong folks.

When the VA tries to lead you astray just grab their hand and walk them through the regulations and laws. Carry a bat just in case you have to beat it in to their thick skulls.

Happy Turkey Day folks.

[63SIERRA]

If everything , medical record wise, was done through the va it was probably electronic and part of va paperless program. The tell you what was used in the evidence if the rating decision. Also, why copy va records you have access to at your local vamc. All outside evidence should be sent to you. If the surgery was done at vamc you should still be able to file for that temp 100% for the surgery. If outside of vamc I think there is a time limit and if so, call a cue in them. Always bounce what you have off of evidence used in rating decision. Jmho.

well as I said before, the reason people request c-files is to see exactly what evidence the va used to deny the claim. its to kind of........ " audit " them, and see why they denied. Thats the reason vets have access to what they have, because its supposed to be an exparte, open, friendly system. I have excellent evidence, and they are wronglfully denying my claims, so im trying to find out what mistake they are making. even in legal cases there is something called discovery, where both sides, has access to all of the evidence being brought forward.

Everything was done medical wise thru the va. The fact that I told them in my claim, I had kidney cancer, should have aytomatically generated a claim. if nothing else, the the air head who decided my claim, had to know I wasnt miraculaously cured,, they knew I either had surgery, or chemo, and from either one 100 percent temp rating was appropriate. yet they rate my effective date for residuals, almost 9 months after my claim date. which was one day before my surgery. SO they cant say they didnt have the records, // .. in 9 months they couldnt get them, when they were within 30 miles of the RO?

[JT24usn]

Did you look at your rating decision and the evidence used. That should be a good start. Also, why go down the road when it is in the computer. Most vamc programs are electronic back to 1998ish. Anything before that is paper and kept in warehouses/ buildings where they must go make copies and send to varo. This is the time consuming part. If the evidence in the rating decision says vamc ... Treatment records from. Whatever to whatever. There is the answer as far as what is used. And again it's duplicating to send vamc records you too have access to and is listed on the rating decision evidence. Also, I out the information in my duty to assist under "what we have recrived". Again, it is an error not to pull information we were pointed to. Also , as stated before , the two attempts to get pm records. Most temp 100 percent is not picked up on first time claimed condition unless claimed by veteran. Now if the condition ends up getting sc then it should have been addressed. If the surgery was done at vamc them claim it. If it wasn't and it's been awhile then cue it. Jmho.

Did you look at your rating decision and the evidence used. That should be a good start. Also, why go down the road when it is in the computer. Most vamc programs are electronic back to 1998ish. Anything before that is paper and kept in warehouses/ buildings where they must go make copies and send to varo. This is the time consuming part. If the evidence in the rating decision says vamc ... Treatment records from. Whatever to whatever. There is the answer as far as what is used. And again it's duplicating to send vamc records you too have access to and is listed on the rating decision evidence. Also, I out the information in my duty to assist under "what we have recrived". Again, it is an error not to pull information we were pointed to. Also , as stated before , the two attempts to get pm records. Most temp 100 percent is not picked up on first time claimed condition unless claimed by veteran. Now if the condition ends up getting sc then it should have been addressed. If the surgery was done at vamc them claim it. If it wasn't and it's been awhile then cue it. Jmho.

[john999]

When you get a rating decision the VA gives you the reasons why your claim was denied or low balled. They are handing you a road map to a higher rating. The VCAA is supposed to do the same thing. The VCAA is supposed to tell you exactly what you need to win your claim. They don't do this so most VCAA's are inadequate and are grounds for an appeal. When you file a claim you should probably think of it as the first step in your claim for P&T. So get all your records, SMR's etc. and line it all up for a prolonged fight.

[63SIERRA]

Most of the reasons for denial are very bland, one or two line explainations and sound like they were written by a crackhead.

T8R you arent getting my point. I see exactly what you are saying, and the methods you speak of would be effective from someone that is doing thier jobs, fairly, competently and honestly, but I just dont believe that is happening at the waco VARO. VERY little is listed as far as evidence recieved is concerned. VAMC treatmnet records, NO DATES. THEY wrote that not me. That is a red flag to me, saying they couldnt pin something down, but they never said exactly what. SO then I ask to see EXACTLY what evidence they used.

As John999 said, they dont want to provide that, because then, I can point out thier shortcomings,. How can we compare apples if they wont go get thiers out of the barn???

Transparency builds trust.

Edited November 29, 2013 by 63SIERRA