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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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My DRO explained that, ya he sees where the VSO-Rep that filed my 1st claim in 08, misstated the location of my PN claim to upper extremities, as opposed to the actual lower extremities DX.

Even though the VA C & P Dr was made aware of the obvious error and I discussed the error in my 2010 NOD, "No" new claim was ever filed correcting the error.  The 2009 Denial of SC for PN of upper extremities, was the only PN issue he could address.

Semper Fi

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Thank you all for the replies.  I am going to call my DAV rep on Tuesday and ask him to get copies of the evidence considered in both decisions from June and November 2014.  I need to understand why someone in Salem had a medical opinion on my claim if they really did!  I am still concerned b/c of the mix ups with my decision letters from June and November.

 

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