Service Medical Records Request During Appeal

[USMC2311]

I recently requested an appeal through the DRO. If I request a copy of my Service Medical Records will this impact the appeal process in anyway?

Thank you

[Gastone]

2311: You will get all kinds of advice regarding doing just about anything after filing your NOD. I just had my DRO Hearing 6/27/14, from 1st NOD Filed 2010. My advice based strictly on my own experience is, DON'T Half STEP. Hopefully your NOD requested a DRO Review and a Personal Hearing. If you used a VSO, verify that a "Hearing" was requested, don't wait till you get a DRO Decision, to find out a "Hearing" wasn't specified in you NOD Filing.

My Time-line: 1st NOD 11th hour 09/2010, Multi additional SC Clms filed 2010, 2011 & 2012 NOD 09/2012. Finally got around to requesting C-File aprox 10/2012, recieved it 01/2014. Was getting edgy regarding 1st NOD, filed for "Informal Conference" hoping to get info from Horses Mouth at VRO DRO. Received VA Letter with DRO Hearing Date 05/26/14. No one at VSO I was going to use at Hearing, could get any info regarding what the 06/27 Hearing was going to cover. I decided to be prepared to address both of my pending NOD's. As it turned out, my 2010 NOD was on deck. However, because I opted to have an "Informal Hearing" after a preliminary discussion with the DRO, the DRO agreed to address both my NOD's. After approx 35 min, I was done, the DRO advised me what his decisions were. I was out of VRO by 915am and VSO called at 330pm, he already had the Officail DRO Decision granting all important issues, to include IU.

It appears that NOD Hearings are taking about 2+yrs and VBA Court 3-5yrs depending on remans.

Good Luck

Semper Fi

Gastone

[Pete53]

Not really a good time but I recommend that you go to VARO and review their file. It should have most of everything.

Good Luck

[USMC2311]

Filed NOD requesting a DRO review in June 2014 two months prior to one year due date. Late July 2014 VRO sent letter acknowledging my NOD. I did not specifically request a DRO hearing, I hope this doesn’t negatively affect my appeal. I am currently working for the Department of Defense overseas and have no access to a VRO, however I am continuing ankle and shoulder appointments to gather additional medical evidence which I plan to submit as I received it, in support of the appeal. In May 2014 I received a copy of my C-File but failed to also request a copy of my service medical record which I think has valuable information pertaining to my ankle surgery. Going back to my initial question; would requesting my SMR, while going through the appeal make the process anymore lengthily?

Many thanks for your input

Semper Fi

[TiredCoastie]

Your SMR should be at the archives in St Louis. Requesting a copy will not impact the processing of your NOD, which will happen at your servicing VARO. These are totally separate entities.

http://www.archives.gov/st-louis/military-personnel/

If you do not have a copy of your SMR, you need to get it from the archive and review it ASAP.

There is a lot of value in reviewing your C-file as well, which *should* have a complete copy of your SMR. The problem comes when the copy in your C-file is either incomplete or has parts from someone else's records. Sounds like your C-file was way too light if you're still looking for a copy of your SMR.

I was strongly encouraged to make a copy of my SMR before leaving active duty, which I did. In fact, I was encouraged to make two copies by a very squared away National Service Officer. One copy I gave to the VARO with my initial claim. The second copy is in our personal files here at home. It's come in handy for follow on care not related to disability compensation. In fact, I just pulled an old test result out earlier this summer to show some specialists.

[NavyWife]

Yah, the SMRs should be in the cfile.

There could be something in your SMRs that would support an approval of your appeal. So even if it takes longer-which it probably won't-you should still try to get a copy of your SMRs.

[USMC2311]

Wow! This is interesting, My C-File is 141 pages and there are no pages from my SMR in my C-File. I am most concerned about the actual results of my ankle surgery. I’ll be mailing off my SF180 tomorrow requesting a complete copy of my SMR. Thank you all for this valuable info.

[georgiapapa]

Isn't it amazing. The VA has a "duty to assist" veterans in developing their disability claims which would include obtaining a copy of your SMR. However, the VA does not have a copy of your SMR in your c-file and your original claim was based on an injury and subsequent surgery during military service.

The VA fails miserably when it comes to their duty to assist veterans in developing their claims. Veterans are better off gathering their own evidence including SMRs. I would not even trust the RO to gather VA medical records.

[NavyWife]

You should put in requests to 3 places for your SMRs.

1.The VARO that processed your last claim.

2. NPRC, as noted by TiredCoastie above. You can mail a request or use the online request at vetrecs

3. VA Records Management Center http://www.va.gov/directory/guide/facility.asp?ID=5380

[USMC2311]

georgiapapa, yes, totally unbelievable!

Today, I mailed off a certified/registered request via SF180 for my SMR to the NPRC as TiredCoastie suggested. I am also going to request a copy from the Pittsburgh VARO and the VA Records Mgt Center, thanks NavyWife.

The other question that now comes to mind is; Doe’s the C & P examiner have to certify that they reviewed your C-File? I am asking, and I know it’s my word against his, but during my C &P exam, the examiner did state that he did not have my file. I was seen by a medical doctor in Tokyo referred through Veterans Evaluation Services because I am in Japan.

[NavyWife]

No they don't have to Certify that they reviewed your C file. They are "supposed" to, But many times they don't have time or don't have access to the file. If the CNP exam is not positive for you then you could use this point when you dispute the results. That you did not have a fair and complete C&P exam.

In your request to the VARO, I think it is less confusing for them if you simply put in the request for your "complete C file to include your service medical records/service treatment records.

[USMC2311]

At the time I filed my NOD (June 2014), I stated that the C & P Exam was insufficient; I stated what I believe I should be rated and included a private ortho clinic radiology report on ankle (X-RAYS) and shoulder (MRI). Since then I have submitted additional medical evidence from another ortho doctor I had an appointment with when I was on leave in the states just recently. Is it okay to submit medical evidence when it becomes available during the duration of the NOD appeal? I figure this is my opportunity tocontinue with appointments and build my case.

Point well taken in regard to initially requesting the C-File and SMR together from the VARO, however I only requested the C-File initially and you figure they would send me everything in the file if in fact they actually have a copy of my SMR. As I mentionedearlier I will be requesting a copy of the SMR from them also.

Thanks

Edited August 29, 2014 by USMC2311 (see edit history)

[carlie]

The the VBA decision maker has the authority to instruct the C&P examiner on

what is supposed to be done and whether or not they need to review the vets

file / smr's.

[USMC2311]

Carlie,

Yes, I see the document in my C-File were the VA requests what they want the examiner to examine and pay attention to and it does not mention anything about reviewing my C-File or SMR, and assume this is the VA’s procedural work flow in assisting the veteran, not very detailed. I am beginning to be more convinced that my home VA office in Hawaii and now the VA Office in Pittsburg that is handling my files because I am overseas never had or has a copy of my SMR. I believe this because I also see in my C-File where the VA Rating Specialist and the VA Office in Hawaii both requested a copy of my SMR back in 1989 and 1998, but there is no SMR, not one page in my C-File. The only thing I found was a reply from the UMSC Personnel Records section providing a written note with an incorrect discharge date and incorrect rank information to the VA, thankfully this had no impact on my initial rating decision. In any event I am moving forward to get a copy to review and maintain in my files.

[MarkInTexas]

Yeah, definitely submit a request through the National Personnel Records Center for your SMR's and any other military personnel records you can obtain. I would also recommend that you wait a couple of weeks after you get your documents, and then do it again.

The reason for this is that they don't always send you everything, and I have had them send three different sets of documents over the years of records that I should have gotten from my first request back in 2010.

Also, don't assume that the VA has obtained your SMR's. The VA had "trouble" obtaining mine at first, and then later said "We found them!"......then rated me. However, upon obtaining my C-File to see what they based their ratings on, there was a great deal missing from my service history, most of which were the SMR's, including missing intake and separation examinations. Luckily, I was able to obtain them from the NPRC and shoot them over after filing my NOD. It's a good thing to have proof showing that you were in perfect medical condition entering the military, and followup evidence showing conditions noted during separation. I assumed they had all that because they were the Great and Mighty VA, and would certainly magically have it all in their possession. Wrong!

You need to have copies of the records for your review anyway. You may well find evidence of conditions diagnosed in the military that you didn't know about, along with proof of assignments or training that you may have injured yourself during. All key evidence.

I even found an old AF safety document completed by my supervisor regarding daily hazards that I was exposed to as part of my duties tucked into my NPRC file. A single document, but several key elements listed. You'll also be able to get performance evaluations, which quite often contain narratives regarding your duties and further proof for you later down the line. The VA most likely will not have that in their C-File on their own.

Just a thought.

Mark

Edited August 30, 2014 by MarkInTexas (see edit history)

[MarkInTexas]

Your SMR should be at the archives in St Louis. Requesting a copy will not impact the processing of your NOD, which will happen at your servicing VARO. These are totally separate entities.

http://www.archives.gov/st-louis/military-personnel/

If you do not have a copy of your SMR, you need to get it from the archive and review it ASAP.

There is a lot of value in reviewing your C-file as well, which *should* have a complete copy of your SMR. The problem comes when the copy in your C-file is either incomplete or has parts from someone else's records. Sounds like your C-file was way too light if you're still looking for a copy of your SMR.

I was strongly encouraged to make a copy of my SMR before leaving active duty, which I did. In fact, I was encouraged to make two copies by a very squared away National Service Officer. One copy I gave to the VARO with my initial claim. The second copy is in our personal files here at home. It's come in handy for follow on care not related to disability compensation. In fact, I just pulled an old test result out earlier this summer to show some specialists.

Same thing happened to me. My C-File was extremely incomplete, and missing quite a bit of my SMR documentation, and had nearly zero personnel documentation, with the exception of documents I had sent. However, it was "completed" with having 89 pages of medical record documentation from about 3 other people, two them definitely veterans. Amazing!

[USMC2311]

I humbly thank each and everyone of you for your great information and assistance.

Thank you.

[Gastone]

USMC2311: Regarding your NOD Filing. I don't know if you can request a "personal Hearing" post NOD filing requesting only DRO Review. I do know that you can use the same "Informal Conference" request that is available to DRO's. I did and all of a sudden my original NOD Hearing was scheduled within (3) months.

Give consideration to using "Sworn Declaration" in place of VA "Statement in Support of Claim." My DRO seemed impressed when he reviewed my "S. Declarations." Just be sure that all of your "NEW EVIDENCE" is in your C-File for the DRO to REVIEW. This may mean making copies of all your "NEW" evidence and both mailing (1) large package to the VA Cert RTN Reciept US Mail as well as Scanning all to PDF and attaching to E-Ben Document. Remember, You have (1) shot at DRO Review, No "Request for "Reconsideration." If your not at an "Official DRO Hearing," with all your NEW evidence to be sure the DRO sees it before rendering a decision, you could get screwed again. The next stop is VBA Court 2-4yr wait. CYA BRO!

Semper Fi

Gastone

[Gastone]

USMC2311: It appears you filed your orig Comp Claim mid 2012? Did you ever get a copy of the C & P exam from your VA Medical Records? In 2012 I believe the C & P Examiners were required to complete whatever VA DBQ was being requested by the VA Raring Dept. The 1st time I requested my clinician notes pretaining to my PTSD C & P 2011, I got exactly that, the examiners notes. I went back and specifically asked for a copy of the completed PTSD DBQ that was submitted to the VRO Rating Dept. No idea why VA Med Records needed to be asked twice. I had asked for (all clinician notes and documents) from C&P exam.

Do you have "Proof of Receipt" for all "NEW and Material Evidence" that you have submitted to the VARO since your denial? If in doubt, send it again, US Mail Cert_Return Receipt.

Although your out of the US and it appears your handling this Solo ( Pro Se,) think about contacting a VSO to represent you. You will still be classified as "Pro Se" by the VA. I used a VSO for info only, filed all my own claims & Appeals. When it was time for my DRO Hearing, I requested the VSO provide a DRO Hearing Specialist. I struck Gold, my guy was Retired VA Employee from VRO Rating Dept. He had spent his last 10 or so years as a DRO. I would have liked to talk to him 4 yrs ago, a fountain of Knowledge and experience.

Semper Fi

Gastone

[USMC2311]

Gastone,

Thanks for the info on the DRO Hearing.

I am also following your recommendation on the “Sworn Statement” vice a Statement in Support of Claim. I am actually working on one as I gather more facts from my C-File and recently requested a copy of my SMR which was not available and in anyway part of my C-File, not one page.

Yes, I have a copy of my C-File which included my C & P examination report, which I am going over very carefully and there are some discrepancies with the C & P exam report.

I am reading on here were veterans have requested copies of their C & P notes, are the medical examiner notes a separate document from the actual C & P exam report? I ask this because there are no separate notes in regard to my C & P exam, I find this a little old, however the examiner did make very brief remarks to some of the questions on the C&P exam report. If I request another copy of my C-File do I have to request the whole file or can I just request a specific date range of the C-File?

I have also submitted letters to the DAV and VA to revoke my POA. I am not pleased with their delayed communication and general answers to my questions.

All correspondence that I have submitted is all sent US Mail Cert/Return Receipt. So far so good on all medical evidence submitted and received.

Semper Fi and thanks!

[Gastone]

USMC2311: After 4yrs, multiple claims filed and 2 NOD DRO Hearings pending, I switched VSO's also. In those 4 years I had never heard from the VVFW VSO since the initial claim was filed 08/2008. He never answered his voice-mail and was never in his office at the VRO. Hooked up with Marine Corp League by accident in 2012, there was always someone in their VRO office. One of vso's offered me paper to slip a note under door of my VVFW office. After which I sat down with MCL VSO and discussed changing my VSO Rep. VSO's, as organizations, are very reluctant to do so after NOD's are filed. In the end, MCL completed all VA paper work needed to sever my representation by VVFW. Since then, always been a MCL VSO to discuss issues with, before but usually after I've decided on a course of action.

Semper Fi

Gastone