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????

[Buck52]

That means the RO or the evidence intake center we use now must have sent them to salem for a medical records review and a Dr's opinion 

I don't understand why they did  but apparently they did.

Call the Salem  VA Medical Center tomorrow (Director of Hospital) or person in charge and tell them what happen and see what they say??. they should get on this ASAP and get back to you the same day   you ask them to do so  or your going to the IG..they should explain this to you  and you need to see why this happen before your Hearing

[Navy4life]

2 minutes ago, Buck52 said:

That means the RO or the evidence intake center we use now must have sent them to salem for a medical records review and a Dr's opinion 

I don't understand why they did  but apparently they did.

Call the Salem  VA Medical Center tomorrow (Director of Hospital) or person in charge and tell them what happen and see what they say??. they should get on this ASAP and get back to you the same day   you ask them to do so  or your going to the IG..they should explain this to you  and you need to see why this happen before your Hearing

Okay well I will have to do it on Tuesday since everything is closed for the long holiday weekend but I will do that!

Thanks Buck!

[Buck52]

FYI

I read on the internet last night from a reliable source that the IG was in California and working VA Miss Cues and headed North to Oregon/Washington to the VAMC'S

[Buck52]

Navy4life

you may want to get with some of the older members  that have maybe seen this happen

Ms Berta Is smart as a whip and asknod is too 

broncovet and j basser know the CFR'S pretty good too....USMC_VET is great too but he is MIA?

I'am still a baby learning to crawl my way up.

[Berta]

Since the opinion was done at a VAMC, if I were you, I would request a copy of it.

The VA has been farming stuff out now for years to other VAMCs because of the claims backlog they themselves (VA)have caused.

Note:

For VA or former VA employees,who also are claimants,  this is not unusual for them to ask for a C & P from a VAMC different than the one you work(worked) at.

Edited February 13, 2016 by Berta

[broncovet]

You need to lay your hands on ALL your records (cfile), and those SMR's that went AWOL, too.  

After you do that, you can decide what to do.  If you have been to a board decision there should be a RBA (Record Before Agency), which you should also get your hands on.  

I got my RBA in 2012, (on DVD) after being represented by the NVLSP, so I now know exactly whats in my file at least up till 2012.  I dont have newer stuff, but, for me, its less applicable as I am mostly seeking past due benefits, and I have pretty good records of my own after 2012.  (I started scanning my own stuff in).  

Yes, I do think you should, as gastone suggests, request an "Informal evidence conference" to straighten out what is/is not in your cfile, due to the likeliness of it being conflated with another Veteran.