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



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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Okay what do you think of this for a timeline.....

NOD discussion and timeline for review hearing



·      May 10th, 2013 claim initiates at the DAV Washington, DC office


·      June 2014 first award letter granting 40%


·      June 2014 award letter - Left and right ear conditions, which veteran never applied for, indicates these contentions were denied


·      June 2014 award letter - Toe condition, left foot – denied (SMR’s presented showed issues with toe at the time of fracture, as well as the left foot/toe was fractured again in 1996 and Veteran was 8 months pregnant.  Veteran has been trying to get 95/96 SMR’s for over 1-1/2 now.  Veteran has proof of multiple attempts to obtain records. Additional evidence is a photo of Veteran with cast on left foot/ankle holding daughter born in February 1996.  This was Veteran’s second fracture to the left foot/ankle)


·      June 2014 award letter - Morton’s Neuroma w/status post avulsion fracture, 5th metatarsal, right foot – denied and the toe was noted on the wrong foot! LEFT foot NOT right foot


·      June 2014 award letter - Right ankle sprain – deferred (SMR’s showed sprain as well as Veteran has found additional evidence to present at hearing).


·      June 12, 2014 Veteran files NOD stating CUE based on the fact that the June award letter was inaccurate


·      August 2014, I submit VA 21-4138 requesting they withdraw my NOD dated 8/14/14 and reconsider the decision from 6/12/2014 because they adjudicated the wrong body part on the wrong foot.


·      November 2014 award letter granting Veteran 60% but denying status post avulsion fracture, 5th metatarsal, right foot; right ankle sprain, and left foot strain with morton’s neuroma (toe condition).  In this award letter, the VA states under “Evidence Considered” that the “VA medical opinion provided by Salem VA medical center dated November 6, 2014” was one piece of evidence.  Veteran has never been to Salem for medical treatment.  Veteran fears this is a mix up which might lead to why Veteran had L/R ear condition on her award letter as denied when she in fact never applied for these contentions.  


·      November 14, 2014, Veteran files NOD citing the status post avulsion fracture, 5th metatarsal, right foot should be s/c 20%; right ankle sprain should be s/c 10%; and left foot strain with morton’s neuroma (toe condition) should be s/c 10%


Take note, that in original claim filed on May 13th, 2013, Veteran stated claims for toe condition (left foot); bilateral ankle condition; and bilateral foot condition.


Veteran had RO in Roanoke when claim initiated on May 13th, 2013. Veteran provided private doctor’s evidence to include DBQ’s, X-rays, and MRI by Veteran’s private Podiatrist Dr. XXX.  Veteran was seen at a QTC facility in Virginia around July 2013 for several C&P exams.  Veteran moved to Texas in late 2013.  Veteran began seeking treatment at the VA Medical Hospital in XXXX, and had C&P exams with a VA medical facility in October 2014.  Not once did Veteran ever seek treatment at VA Salem.


Additional evidence to provide:

·      Photo of Veteran with cast on left foot/ankle (circa Feb. 1996)

·      Additional SMR’s showing right ankle sprain (see evidence)

·      Letter from Dr. XX, current podiatrist

·      Two notifications requesting medical records (6/11/15 & 1/25/16)

·      Email requesting up date on medical records (2/11/16)

Is there any evidence that might have been overlooked that I should supply to support a favorable decision?

Edited by Navy4life
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Looks ok to me  Navy4 if you can talk to the DRO and get this straightened out.

 you may call salem RO and request your records  if they can't find them have them to write you a letter stating no records were found..if they send you records  but thosr records are not yours  take them to the Hearing.

even tho you never been treated there.  see what they tell you?

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if these records are yours from salem..someone probably made a mistake  obviously

now if there not  send them back salem.

I had a old VAMC I used in the 80's And I sent off for medical records from them this last year for my PTSD claim...they sent mine and about 50 other veterans...I kept out mine and sent the others back...they sent me a letter thanking me, so people do make mistakes  unfortunately the veteran ends up paying for it  because it makes his claim further on the hamster wheel of the VA

YOU definitely need to get this solved at the DRO Hearing   if not the DRO will probably send off to salem for your supposedly records that they sent you...so that's why you need to have them send you those records  all of the ones they sent you.

What I don't understand is did they send you records with your name and claim No.? and some other veterans records were mixed up in yours?  if so just send those records that are not yours back to Salem.

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The Evidence Considered states VA medical opinion provided by Salem VA medical center dated November 6, 2014".  I have never been to Salem??? 

So does that mean the "alleged" medical opinion was a result of someone at the Salem VA reading records?

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