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

[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

[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.