Whats in your (wallet)? (Cfile)? Cushman vs Shinseki

[broncovet]

Most people heard the commercial by one of the credit card companies, "Whats in your wallet?"

Well, "what is in your wallet" is often related to "what is in your cfile", since the evidence in your cfile determines how much your compensation will be!

Many times, we dont know what is in our cfile and VA likes it that way.  We often have to decide "new evidence or no new evidence" when we dont know what evidence the Va has, because we dont have access to the VBMS file.  Yea we can order a copy of our cfile, but that takes months and, its obsolete by the time we get it, if we even get it ever before a decision is rendered.  

YES, I know VA has an "evidence" section in the decision (VARO, but strangely not BVA).  Its often "vague".  Mine said, "medical records from 2002 to present".  Well, that can be anything, or nothing.  We dont know if, or how complete this is.  The decision maker renders a decision, often by a Caluza elements.  Well, were those in my file or no?  How do I know?  Do I need new evidence to win?  Sadly most of us dont know if we need new evidence or not, because we dont know what is in the file, for sure.  

You should know about Cushman.  No, not the motorcyle, the Veteran.  The VA fraudently altered the Vets file to deny him.  I did not make this up.  Read it for yourself:

https://caselaw.findlaw.com/us-federal-circuit/1346393.html

In relevant part:

Quote

 Although the Board did not cite any particular evidence on which it relied in making its decision, the Board concluded that “the evidence fails to show the presence of symptomology which would preclude sedentary employment.”   The medical record before the Regional Office and Board, however, differed from the medical record on file at the DVA Outpatient Clinic.   Namely, one of the doctor's entries had been altered to change the language “Is worse + must stop present type of work” to instead read, “Is worse + must stop present type of work, or at least [ ] bend [ ] stoop lift.” (emphasis added, brackets indicate illegible or stray marks).   The altered record also contained the additional entry, “says he is applying for reevaluation of back condition,” which does not appear in the official record on file with the Outpatient Clinic.   The alterations appeared in the last, i.e., most recent, doctor's notes documenting Mr. Cushman's condition

Mr. Cushman's records were altered by the VA, not by the Veteran!!!!   It begs the question:

Why were those employees who committed fraud and  faked the records not prosecuted??  Why dont we hear about this prosecution??

Edited March 5, 2021 by broncovet