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

[Navy4life]

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????

[Navy4life]

Just now, Buck52 said:

I think you being there in person you can show the DRO your ROM and tell him/her about your pain ect,,,ect,,,

I remember my DRO Hearing  the DRO Stated in his report its obvious this veterans disability is real and with a DRO & Rating specialist present at his Hearing as witnessed.

so see you can physically show them your actual disability's.  this is what I liked about my DRO Hearing.

Well since I am in a boot for my right foot and on a knee scooter and my left ankle has a brace I think I am going to be good to go with visual effect LOL

 

[green]

being goofy,

Regarding the knee scooter, I'm picturing some sort of home-made apparatus with a 2-stroke engine that you ride around

by law are you required to wear a helmet?

Edited February 12, 2016 by green

[Navy4life]

1 minute ago, green said:

being goofy,

Regarding the knee scooter, I'm picturing some sort of home-made apparatus with a 2-stroke engine that you ride around

by law are you required to wear a helmet?

Well knowing my luck I should wear elbow pads, knee pads and a helmet.  I scoot around on that thing pretty good!  When I am at the VA I get lots of Veteran's saying I get around pretty good LOL

[Buck52]

you got it...LoL

But please remember a lot of the timeS it truly depends on your DRO if he/she is veteran friendly so to speak    your probably ok but some times a DRO can really be an A**

WE CALL IT THE PICK OF THE DRAW.

[Navy4life]

Okay so in June 2014 I received my first award letter with the denials of some contentions.  Denial Letter .pdf  

This included the L/R ear conditions which I never applied for.  It also included them noting my morton's neuroma on the right foot NOT the left foot.  So I filed an NOD NOD 8.14.14_Redacted.pdf citing CUE BUT my DAV rep told me to remove the NOD and so I filled out a VA21-4138 8.26.14_Redacted.pdf requesting they reconsider based on them adjudicating the wrong body part.

I then get an award letter in November 2014 denying the left foot/toe condition and the right foot 5th metatarsal fracture.  In this award letter it states in the "Evidence Considered":

15 hours ago, Navy4life said:

"VA medical opinion provided by Salem VA medical center dated November 6, 2014".

So with all this mix up and screw ups, I need to sort through everything.....  

On top of it I still don't have my SMR's from 95/96 which is what I need b/c I had yet another fracture to my foot, left.  

[Buck52]

I understand when a VA Facilities closes down all the veterans records are sent to St Louis.

When I was in Nam my Unit was going strong and after I got out of the military my unit was dissolved like its non existence now...the records were sent to St Louis.

After 1975  the North Vietnamese Army took over South Vietnam.