tinnitus Unusual Question

[Jim 501st]

I have been looking at my medical records for several years and some things just hasn't looked right.

One of the pages in question is the report of medical history. This information is for official use only and will not be released to unauthorized persons. is the heading at the top of the page. it is stander form 89.

I have always noticed there was two copies of this form several pages apart and just assumed they were duplicates. I finally took the staple out and laid them side by side. On the front of this form there are seven areas that don't match. Some are important to claims I have now. And some should have been bought to my attention when I got out. I should add that on the back of these forms are three discreficences, including the fact that one is signed by the examining Doctor and one isn't. the same side of this document is a block where I printed my name and the second block, my signature. on one form it has my last name middle initial and first name printed in my hand writing.

On the other form it has my first name middle initial and last name , not in my hand writing printed.

If you would overlay these two documents they would be Identical, except for these three differences.

It is clear to see by a blind man that certain areas of this form was whited out and redone.

On another form, my final hearing test made me service connected for hearing loss at o% and 10% for tinnitus, However another graft was drawn under the first and one of the numbers changed making me unqualified, and at the bottom of this form they had my hearing marked as a profile 2 and blacked it out and wrote a 1 beside it.

This is important because on the other side of first mentioned form under car, train, sea and air sickness block I had checked the block yes. On the other form without a signature it is marked no.

I have a claim that is on appeal for hearing loss, tinnitus vertigo, and diagnosed meniere's disease.

Also I am preparing a claim for neurogenic bladder which was mentioned as part of my disability for dss.

It is written on both copies under Dr's statement on final physical.( Infection of bladder- Aug. 62- symptomatic with frequent urination- sequela at present) On the other side of these two documents under frequent or painful urination I checked yes on one the other without a Dr's signature is checked no with an x through the yes. Again except for the changes mentioned you can over lay these document and they are identical. One other thing is this Dr's signature block is empty. ( whited out I expect to protect his a-- if it was ever found out.)

I could detail more but you can get my drift. I think they doctor my records but neglected to take out the undoctored one.

I have a dro hearing coming up on my Rt. knee soon. There is an altered document they used to deny my claim. The date on one of the key pieces of evidence was changed to make it appear that my knee was swollen a year before my accident, but I think I can prove by my rank at the bottom of the document that it was actually a year after the accident. They did extract the original so this is all I have.

Now a question. By proving that my medical records had been altered in one area would it help prove they could have been altered in another?

Another question. Its been 40 years, do I have any legal recourse on the fraud committed against me at my discharge?

thanks Jim 501st

[71M10]

Jim,

It sure smells strange don't it! VA has everything in my records except the seperation physical that I had to get a second set of chest x-ray's and a consultation with an additional Dr. before they finished the physical.

However, I am not convinced that the VA disappeared it. My theory is the Army removed it proir to sending the records straight to VA(filed claim at discharge records never went to St. Louis). The only reason I can think that they would do this is that my x-rays showed an enlarged heart and it would have required them to give me a medical discharge. Cant prove any of it though - the mark of a good conspiracy!

Do you think VA altered your record or was it your branch of service?

VA should have the originals- so if something was whited out it would be apparent when reviewing the original. Is the copy of the unaltered document one you made prior to discharge or was it an earlier copy made by VA? If it was one made by VA then it clearly proves your record was changed at the VA.

I assume this is an appeal that existed prior to the new rules on lawyers. If it allows representation under the new rules your interests might be better served by having a lawyer take it over. They would be best suited to discussing the legal ramifications of these altered records and it removes you from the direct conflict over them (less likely to be painted as a crank/disgruntled vet).

I think Pete has given some good advice, focus on getting the record corrected not who or why the record was altered. If they think you are bound and determined to file an IG complaint they have little incentive to help you.

Best regards,

Tyler

[Jim 501st]

Actually I thought the Army had altered my records but now I'm not so sure.

I asked and received a copy of my medical records from the RO.

Maybe I should send for a copy from the army record department

[ruby]

In the section referring to claims and ratings for disability (I don't know the numbers). It states if a veteran makes a fraudulent claim there is no statute of limitations.

It's somewhere around the area that talks about the 10-20 yr rules.

In the eyes of the law it would go both ways.

[71M10]

Actually I thought the Army had altered my records but now I'm not so sure.

I asked and received a copy of my medical records from the RO.

Maybe I should send for a copy from the army record department

If the VA has your SMR's St. Louis will respond with a note that medical files are on loan to the VA. At least that is what I recieved.

Best regards,

Tyler

[Jim 501st]

Update I just got back from my ptsd group session.

Got two letters from the RO. I mentioned in my original post that I had a claim in for hearing loss, tinnitus, vertigo, and meniere's disease.

I was awarded 30% hearing and 10% tinnitus. combined with my 50% ptsd I am now 70%

I am going to do as Pete said because if they would correct the fraud in my records I feel I could still win on my Meniere's disease also

I was also denied unplayability because they said I was awarded DSS on a back injury, which is partly correct. A part of my award was also on neurogenic bladder. As noted above from my final Physical exam. from the Army; (infection of bladder- Aug. 62- Symptomatic with frequent urination- sequela at present) Present referred to was 20 Aug. 1963.

I know I should have filed a claim on this years ago, But having ptsd and I forgot why I had it, or where it started. At any rate I shouldn't have any problem getting this claim and take away their excuse for denying unplayability. I will file this claim and nod the unemployable to protect the filing date next week.

thanks a million Had-it Family , You are why I am receiving anything from the VA.. I would have died never knowing I was due anything. Thanks again.

Jim501st

[Pete53]

Congrats on your wins. Keep after it. If you are not working now you should get TDIU.