hypertension Lost Smr's

[free_spirit_etc]

Wow! If they lose ALL your medical records, they have to provide you with heightened benefit of the doubt.

The vet here was discharged from service in 1991. He said he had dizziness and headaches in service (no records). His physician said they diagnosed him with hypertension in 1992 or 1993. (No records of that either - even though it is post service diagnoses - a year or two post service). Now has end stage renal disease - Was granted SC for the renal disease and depression.

http://www.va.gov/vetapp08/files2/0809646.txt

So if they lose PART of your record (the part that shows the connection) - hope they lose ALL of your record.

Free

[Jayg]

Wow! If they lose ALL your medical records, they have to provide you with heightened benefit of the doubt.

The vet here was discharged from service in 1991. He said he had dizziness and headaches in service (no records). His physician said they diagnosed him with hypertension in 1992 or 1993. (No records of that either - even though it is post service diagnoses - a year or two post service). Now has end stage renal disease - Was granted SC for the renal disease and depression.

http://www.va.gov/vetapp08/files2/0809646.txt

So if they lose PART of your record (the part that shows the connection) - hope they lose ALL of your record.

Free

I guess that's what happened to me. I did two hitches from 1974-81. I have (some only it now turns out) of my health records from my first enlistment. I went to Germany on my second and had to get a review for a profile. I was advized not to leave my records at (3ID) division because "they lose 'em." Well, I had to leave them and they lost them. I last saw those records in 1980. But I did my last 5 months at Ft. Puke and had records from that period. When I filed on an injury from Germany I was denied on "no record of complaint in service."

The good news was that, after requesting records from NARA I don't remember how many times, the long lost records magically appeared in 2005!

Even then, there's a comment in my record noting that they only have partial records submitted by me. I guess VA never got a copy of the whole pack. I forget the exact comment but it suggested doubt on the validity of my submitted copies. B)

Unfortunately there was another event at Ft. Knox but I was treated at a local clinic on post. It appears that I have none of those clinic records (the bulk of my treatment), pretty much only those from the main hospital were I did a week for ARD.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

You know, on further review of that case, you can read it as they were all lost, but it doesn't stipulate that it has to be the case. Now to track down those other cited cases...

Despite a thorough search for the veteran's service medical

records, it appears that they are unavailable. Under such

circumstances, VA has a heightened obligation to explain its

findings and conclusions and to carefully consider the

benefit of the doubt rule. See Cuevas v. Principi, 3 Vet.

App. 542, 548 (1992), O'Hare v. Derwinski, 1 Vet. App. 365,

367 (1991).

Curious. I haven't (yet) been able to find that case. Lots of citings though.

Edited June 7, 2008 by Jayg

[Mcafee]

Hello all hope all is well. This is exactly what I am incuurring and experienceing right now except 24 years of VAMC treatment and partial SMR can not be produced by NPR or VARO.

[free_spirit_etc]

I agree. I would think if you are claiming you were treated during a certain time or at a certain place - and they have lost THAT part of your records - that the heightened benefit of the doubt SHOULD kick in.

To say you can't prove something because the records that prove it have been lost - and it was the military and the VA's responsibility to KEEP the records that prove it - is just somehow wrong.

It would seem like if THEY lost the records that would prove it DID occur - that they should have to prove it did NOT occur - as long as you have SOME kind of evidence that it DID.

In the BVA case, the vet's own testimony that he experienced dizziness and headaches in service was ample evidence to meet the reasonable doubt that he had symptoms of hypertension that was later diagnosed.

I was surprised they even took his doctor's word that the doctor had diagnosed hypertension in a certain time frame, when it didn't appear that there were any PRIVATE records to support that either (but then again, private doctors often purge their records after a certain amount of time)

What probably helped was the C&P doctors also making the connection.

Free

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

You know, on further review of that case, you can read it as they were all lost, but it doesn't stipulate that it has to be the case. Now to track down those other cited cases...

Despite a thorough search for the veteran's service medical

records, it appears that they are unavailable. Under such

circumstances, VA has a heightened obligation to explain its

findings and conclusions and to carefully consider the

benefit of the doubt rule. See Cuevas v. Principi, 3 Vet.

App. 542, 548 (1992), O'Hare v. Derwinski, 1 Vet. App. 365,

367 (1991).

Curious. I haven't (yet) been able to find that case. Lots of citings though.

[Jayg]

Yeah, In my case, I had a gap running from 1978-1981. I was in the artillery and had reported hearing loss and ringing in my ears. I was to leave my records for a profile so I could get a transfer to a non hearing hazard MOS. I spent 2 more years in the arty.

I did get the hearing profile to P3. I just found out 20some years too late though. B)

But I was still able to get my 10% for tinitus by MOS and other records I had. But for my ankle? Nada till the records showed up.