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Cushman vs Shinseki, VA alters the Veterans file to deny, deletes claimed condition.


broncovet

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The decision reads:

Quote

In April of 1980, the Board affirmed the decision of the Regional Office.   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.

Source:

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

Its incredible the lengths the VA will go to deny.  

NOTICE:  The VA lawyers appealed this, with (fraud committed by VA) all the way up to Federal Circuit, instead of just granting the Veteran his benefits.  

Edited by broncovet (see edit history)
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