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MKAH

C-File, does RO's claims specialist opinion / interpretation of evidence, appear in C-File?

Question

Just wondering, does the RO's claims specialist opinion / interpretation of evidence, appear in C-File?


Thank You

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The VARO might be missing the  word "or" in the rating schedule.

I think it is disgraceful that these farmed out exams become the 'property' of the VA until a decision is made., unlike C & Ps done at a VAMC.

It takes away the right of any veteran to be able to prepare a timely rebuttal to a faulty exam.

I wish more vets would complaint to the Secretary about this.

I think all you can do is wait for the decision, at this point, and if it is legally erroneous, there is potential that you could ask them to call CUE on themselves....... As it might end up being a violation of 38 CFR 4.6, explained in the link....

https://community.hadit.com/topic/60717-the-power-of-38-cfr-46/#gsc.tab=0

The CUE I mentioned there I had filed, and was pending, was awarded not long after I posted this older reply.

It was regarding a HBP claim under 1151, and the VARO failed to consider my sole piece of evidence- which came  from VA Central Office, their head cardiologist, who is also an expert in HBP. I raised hell and they awarded.

There is more to this tactic if you search for GCY VA, (Go CUE Yourself VA ) which has worked for me and a few others here.

------I just realised this might have been a VAMC C & P exam????

therefore it should not take too long to get........maybe....

I have mentioned this MANY times here----

Do not use FOIA for  medical records that belong to you.....lawyers might use it in your behalf but they are not the claimant nor the person the medical records involve.

5 USC 552 covers the Privacy Act, as well as FOIA.

I have used both but never FOIA for anything to do with my husband's medical records.

FOIA takes longer than a simple request, and you can cite the Privacy Act, but FOIA is different.

Edited by Berta
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Yes, as a formal claim, which they did acknowledge, they should have made a decision on it.......

but VA does not admit to making CUEs at the RO level....(unlike BVA - whereby a Motion alleging BVA CUE is found to be correct)

they will instead prepare a decision that awards the CUE,if it is valid.

Is it possible that the basis of your CUE was awarded as part of that decision?

That is how they awarded my SMC CUE and my  IHD CUE but it was a Nehmer AO decision-they mentioned the CUE claims, and awarded them with minimal rhetoric.

However the first decision I got contained a big time CUE,I raised a ruckus, and filed a complaint with IRIS, and they immediately reversed that decision.

I was hoping on that one they would admit to how incompetent they had been but they didnt. I am still poed by it.

I cant believe how many CUE s I have had to file.

The first AO decision stated that my husband's SMRs did not reveal IHD , so the IHD was not service connected.

WTF?   1stMARDIV ,USMC Danang 65-66----

(This was under the 2010 Nehmer AO Court decision)

I filed CUE Via IRIS complaint immediately and also with this VARO, reminding the dope who prepared the decision ( their initials were in the "RE": part, that probably NO Vietnam Vets in First Wave, Rolling Thunder, ever had any IHD mentioned in their SMRs because they were all basically KIDS!

They reversed immediately and proceeded with the adjudication.

Did the lack of any CUE decision impact on the decision you got?

 

 

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MKAH, in theory, anytime a RO claims specialist does anything with a claim, especially if it's a SC issue, he/she is supposed(strong supposed) to make a written note, and include it in the C file.

 

What's the particulars in your case?

Allan

2-2-0 HUAH!

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The decision is supposed to give a "reasons and bases" for decision.  You should be able to find your answers there.  If not, this is an appealable issue.

At the BVA level, we often see lawyers appealing because there was an inadequate reasons and bases for decision.  

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 Most everything Military Related from when you swear in (Medical Reports In- Service Records , Unit locations ect,,ect,,

Once you start claims with the VA Everything that is reported goes into your C-File , not to say that things have a tendices to get lost or they never recieved them or was shredded.  just ask broncovet! 

 As Always a Veteran sending'' Anything'' to the VA....>  It's an Absolute must to get  SIGNED Return receipts from the post Office. keep in a safe place.

Make a Record and copy if you go through e benefits  DO NOT TRUST YOUR VSO For everything.

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