• Maurice L. Abarr

Veteran: Request your VA examination medical report

In a recent case decision, Martinez v. Wilkie, the Court decided that it is not mandatory for the VA to send a copy of the VA medical examination report to the Veteran as it does not violate either the duty to assist or constitutional due process. In fact, the Court found that Mr. Martinez’s statutory interpretation of "duty to assist" is ultimately “inconsistent with the overall statutory scheme.” In addition, the Court found that there was little risk “that the Secretary’s practices could erroneously deprive a veteran of deserved disability compensation.”

Therefore, if you want to obtain your file, you must request it.  Do not expect the VA to send you a copy.

In our office we routinely request copies of evaluative reports which the VA has ordered of our Veteran clients. 

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