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Award letter lists of evidence is not mine????


Navy4life

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Okay so most here know I am preparing for my DRO review hearing coming up at the end of the month.  I decided to 're-read' my decision letter from 11/2014 and I noticed under "Evidence Considered" there was medical records that were not mine listed. "VA medical opinion provided by Salem VA medical center dated November 6, 2014".  I have never been to Salem???

I would like to give you all some further background.  In early 2013 I submitted my claim.  In June 2014 I got my first rating letter with some contentions approved and other contentions deferred. In this letter, it stated L/R Ear Conditions denied.  I never applied for that, but I did apply for tinnitus and was approved for that.  I was also denied for toe condition on RIGHT foot when it should have been left foot.  I filed an NOD, citing CUE but realized that was incorrect, so I filed out a VA21-4138 stating I wanted to retract my prior NOD and asked that they reconsider the decision based on the fact that they adjudicated the wrong body part.  The morton's neuroma was noted on the wrong foot.

Then in November 2014 I got final award letter with a few other contentions approved and the others denied to include the ones that were on the June 14 letter that were inaccurate.  What puzzled me, is the fact that there were contentions I DID not apply for, denied.  L/R Ear condition and then they put my toe condition as denied too, and they noted it on the right foot not the left.  

Now I am beginning to wonder if they had someone else's medical files????  Like I sated, I have never been to Salem so why would y records be there let alone reviewed as evidence for my claim(s)?

Should I bring this up to the DRO hearing officer????

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if they give you an answer  ask them to email you the explanation. copy and take to your hearing.

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18 minutes ago, garion said:

navy4life - How are you doing today brother?  I know what you mean.  The VA was requesting records of treatment at the Fort Monroe facility for the dates of April to June of 2001.  The kicker is I wasn't even stateside doing that time...  I was still in Europe.  Requesting those records from a place I never been held up my claim for at least 4 months!  They kept sending out request after request until they met their quota of 6 request.  Even though I told them I never been to that facility before!  To make matter even worse, Fort Monroe closed down years ago!  I still don't understand how the VA didn't know one of their facilities closed down?  

Garion;

I am doing well but I am a female ;)  No worries...

But my question isn't about requesting medical records that are mine, it's the fact that the award letter with the denials on it shows "evidence considered" as NOT my evidence which makes me believe this is yet another screw up with my denials.  Ugh...

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9 minutes ago, Buck52 said:

I would call peggy  the 1-800 # and ask them?

unless they meant review of your medical records?

I was thinking last night  about your other foot that you broke that caused you to fall and break your other foot, you may read the CFR's about this under Aggravation of presumption

Favorable Presumptions in the VA Claims Process: Aggravation

Another presumption in your favor is that any preexisting condition that you had treated while in the service received that treatment due to it being aggravated by the nature of your service. For the VA to disprove this and issue a veterans claim denial, clear evidence is again needed. This time, they must show that the original condition got worse due to “natural progress” – with most conditions, this isn’t the easiest thing in the world, since the nature of military service often causes quite a bit of physical wear and tear.

Now your SC foot becomes the question is that the reason you had your fall and broke your other foot and had to have surgery....you need a Dr to state this   due to your LEFT SC foot it is my professional  opinion that it did indeed cause your fall and breaking your other foot. or something to this effect

if you have medical records that state this  then you will win .

But as for as other RO having your records call and ask them if this is true and how and why did the Salem RO Get these records   you need an explanations of that.

jmo

 

...............Buck

lay statements from you they won't accept.

Buck;

Okay so we are now taking TWO different situations...First I will address the current FDC claim requesting my right foot be S/C due to my L ankle.  I received the attached letter from my podiatrist doctor letter_Redacted.pdf and I think it holds "weight" for the FDC claim.  Thoughts?

Secondly, the DRO review hearing I am trying to get my right foot s/c as well as my left foot and toe condition.  My issue with this is I believe I have the evidence for the left foot and toe condition b/c I have found additional SMR's as well and I have a picture of me holding my second daughter showing yet another break to my left foot/ankle.  My right foot is the issue and don't think I will win the DRO review.  I can't get ahold of my SMR's from 95/96, and without them I am up the creek w/o a paddle.

BUT.....my issues with the process of denying my left foot with toe condition and right foot is the fact that on my award letter back in August 14 they cited the toe on the right foot which was incorrect and they further cited I had L/R ear condition (denied) and I never submitted that.  So I am wondering b/c I see "evidence considered" in Salem if they mixed some of my decisions with another Veteran???? With all this mix-up I am a bit concerned

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18 minutes ago, Navy4life said:

Garion;

I am doing well but I am a female ;)  No worries...

But my question isn't about requesting medical records that are mine, it's the fact that the award letter with the denials on it shows "evidence considered" as NOT my evidence which makes me believe this is yet another screw up with my denials.  Ugh...

I see what you are talking about my sister...(:

You have a legitimate complaint if your denial was decided on the wrong medical information.  I hope you have a VSO which would make fixing the issue much easier...

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