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

[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

[Notorious Kelly]

"RMC receives over 300,000 inactive claims folders annually from VA Regional Offices. The RMC’s file storage area houses over 3.5 million claims folders and over 3.6 million separate STRs. The file storage room is equipped with movable electronic filing units, nearly 107 miles of shelving. An average of over 1,800 claims folders and STRs are shipped daily to Regional Offices in support of VBA’s mission."

Holy cow- hope they can Find em

[USMC2311]

Gastone,

Thanks for the tip on the Marine Corps League.

Notorious Kelly,

I guess this is the reason why they are now taking all veterans correspondence through the new intake centers to be scanned. Eventually those rooms housing all of those hard copies will turn into file server rooms.

[Gastone]

USMC2311: Regarding clinician's notes from your C&P. My 2010 C&P exam provided a Clinician note in my medical file which pretty much followed the VA DBQ. I believe the examiner completed the DBQ after I left his office and subsequently scanned the the DBQ into my VA med file as well as sending it to the VARO Rating Dept. I really can't be sure of the time-line back then. I don't think we could get clinician's notes from VAH med files until 01/2011.

Just recently 07/2014, I had a C&P from an FDC claim filed 05/2014. After discussing the Nexus of the medical issue with the Staff VA Dr, I realized I was wrong regarding the primary cause of the claimed secondary issue. The VA Dr pointed out my error and opined as to a Nexus of a different SC condition. I left his office having (2) DBQ's completed. My VA Med Records had the complete C&P discussion, including both DBQ's in it by Friday of the following week. The Dr noted that during the course of my exam, a different Nexus was discussed. After which I requested his aid in completing a "New" DBQ. He complied with VA policy regarding completing a DBQ at the time of request by the veteran. I left his office with my "New DBQ" indicating SC.

Semper Fi

Gastone