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1SG Retired
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Scanned each page that was relevant to my claims, after highlighting the notes/results that satisfied the criteria for service connection and level of disability.
VA having the records will help those who wouldn't have otherwise ensured they had copies.
I don't believe it will improve the process past that point. Even with my medical records submitted in the order of my claims, the VA still denied some, but granted upon NOD. I also successfully requested and won a review based on clear and unmistakable error (CUE).
In my experience, even with supporting service medical records, and continuing treatment records, Veterans need to nearly become SMEs because the weakest link is the person working on the claim for a multitude of factors. That, or depend on VSO, or worse, pay someone.
The VA response is to point to a deficit in training. How many decades does it take to find the flaws in the training? We won't have that answer until the VA reaches that point.
Another issue is the process isn't supposed to be adversarial, but it remains so.
When I went to my meeting with the Decision Review Officer (DRO), I had written a 5 page, or more, detailed explanation as to why VA had made a CUE, complete with Board of Veterans Appeals (BVA) decisions and medical records. His first words were: "Tell me why I should grant this CUE?"
My response: Because of CFR 38 Part 4, and the BVA decision cited which is exactly the medical conditions and decision found to be a CUE.
He replied: Well, that's how we did it in that Regional Office (RO), but that's not how we do it here.
That's beyond an unacceptable response, and, to me, demonstrated that he was making this personal--one of us would win, one lose, or we would reach a compromise. Worse, it suggested that a Veteran could be denied a claim at X RO, but it would have been granted at Y RO (which the VA OIG has found in the past).
I was either entitled to my claim, based on law and regulations, or not.
I understand BVA decisions aren't considered precedent, like a legal decision. However, the BVA decision was based on the exact three medical conditions--one respiratory, two neurological--and the decision BVA found to be in error (combining those conditions as a single condition with a single rating), was exactly the error I was claiming.
I was successful after I asked him to verify that that Regional Office did claims different than other ROs. Maybe hearing someone else repeat his own words led him to realize his response couldn't be defended.
Yes, ensuring military service members' medical records are readily accessible by VA is an improvement. It would have saved me hours of scanning.
Resolving the issues with the process beyond that is where the challenge remains.
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SGM Nicholas Williams
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I would love to get involved with the deployment , implementation and training end-users of the MHS Genesis as that system is activated in VA/and military MTFs
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Capt Daniel Goodman
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Edited >1 y ago
That is interesting, I obv hadn't heard about that....
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