Disclosure of documents that VA uses to adjuticate claim

[MKAH]

Good morning everyone,

 

I the civil law practice, the defendant and plaintiff are required to share evidence that they plan to uses supporting or not supporting an outcome.

Is this something that is done with respect to working on a claim for service connection with teh VA?  Can I request the information that they have received, since I have provided them everything that I have receive?

 

Just curious.

 

Mark 

 

 

 

[Berta]

VA has no Rights to Discovery.

If they did we would not have the enormous backlog .

The closest thing to it is 38 CFR 4.6.

That is why we need prove of submitting our evidence to them.

[Vync]

It does seem like the rules are stacked in their favor. Aside from VA staff misfiling or shredding records, I hope the information below helps you out.

You can request a copy of your c-file (they will mail it to you) or make an appointment to view it in person so you can see what is in it. If you teamed up with a VSO (American Legion, DAV, VFW, etc...), then they might be able to help also. This is about as close to "discovery" as you'll be able to get.

Keep in mind that whenever you send anything to the VA by mail, be sure to get the return receipt option. Also, if you fax anything to them, make sure you get a fax confirmation.

If the VA does not have it, and you do not have proof they received it, then they get away with saying they never received it.

However, if the VA sends you something, then it is automatically assumed that you received it. If your address is incorrect in their records, they will still say it is not their fault for not keeping it updated.

Lastly, the VA often tries to say they reviewed "all evidence of record" or lists a date range of records. This can be important if they say your records were silent for your condition. If they deny you for this reason, but you find they had the information in their possession, then be sure to file an NOD. I added this because some medical records are very thick and the doc skimmed them or the doc failed to look on the back of paper copies. Even though they are supposed to do their job, some are lazy.