Evidence Considered In C&P Exam

[RBrogen]

Quick question:  If a rater references evidence in the "Evidence Considered" section of a rating decision letter and it is "used" in making a rating decision (e.g. if the rater obtained private doctor medical records), are they required to add those records to the C-File?

[GeekySquid]

6 minutes ago, RBrogen said:

Quick question:  If a rater references evidence in the "Evidence Considered" section of a rating decision letter and it is "used" in making a rating decision (e.g. if the rater obtained private doctor medical records), are they required to add those records to the C-File?

Any evidence or record that is in the possession of the va is in your c-file

Whether it is tabbed under the specific claim is a different story.

As is whether it makes it to the records management center to be included in our copy of the c-file

[Buck52]

15 minutes ago, RBrogen said:

Quick question:  If a rater references evidence in the "Evidence Considered" section of a rating decision letter and it is "used" in making a rating decision (e.g. if the rater obtained private doctor medical records), are they required to add those records to the C-File?

yes they are required to put ''everything'' including notes ect,,ect,, in the C-File 

Now remember thew VA has tendency to lose records or say they don't exist , so be sure what ever you do make your self tons of copies.

you might check  38CFR3.160 (d(

Finally of a Adjudicated Claim

[Buck52]

Remember an updated completed C-File is where all the answers lay  within the claims process.    so our C-File is the most important tool we have to help us.

[RBrogen]

23 minutes ago, Buck52 said:

yes they are required to put ''everything'' including notes ect,,ect,, in the C-File 

Now remember thew VA has tendency to lose records or say they don't exist , so be sure what ever you do make your self tons of copies.

you might check  38CFR3.160 (d(

Finally of a Adjudicated Claim

Thanks Buck ... here's the situation:

The Rating Decision on this was October 4, 1999.  I had a rater who screwed me up in 1999 making completely false claims and not using the evidence available to him that I submitted and was recorded in my C-File.    I had 2 knee surgeries that were included Right Knee - 2/7/1996 and Left Knee - 8/23/1996 which both surgery reports were sent with my original claim, and RECEIVED by VA date stamps April 19, 1999, and show as being received and available for the Rater.  Note in the image below, the rater indicated that he reviewed reports from my hospital dated 7/31/1996 to 4/30/1997,   The records clearly show note that I was injured in-service.

Date Stamp on Medical Reports I submitted and show in my C-File.

 

Left Knee Report August 23, 1996

 

Edited August 29, 2019 by RBrogen

[Buck52]

 This could be ripe for a CUE but I have not read all about your claim, others here can chime in.

 Read this and see if it apply s to you?

https://openjurist.org/401/f3d/1296/jordan-v-r-nicholson

 

[Buck52]

 This could be ripe for a CUE but I have not read all about your claim, others here can chime in.

 Read this and see if it apply s to you?

https://openjurist.org/401/f3d/1296/jordan-v-r-nicholson

Here is CUE Regulations.

https://helpdesk.vetsfirst.org/index.php?pg=kb.page&id=1874