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Old 1972 Va Treatment Records Arrived Today


jessie0054
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Question

Hello everybody:

My brother in law filed a claim 3-4 years ago and was denied because the VA first told him that his records were burned and then told him that since there was no record that he was ever treated for TB that again his claim was being denied.

I told his wife to keep the Appeal going and maybe someday those records would be found.

Well they arrived today!!

In December last year while my brother in law was here to visit i ask him if he wanted me to check into them and he signed the Release of information form for me to do this.

2 weeks ago i went to the release of information at the treating VA med Center with the signed form in hand and the lady at the dest took it and then checked the computer and told me that no one [ Not even the Regional Office ] has ever requested this file. I ask how can that be since his claim is being denied all these years because the VA never requested them. Anyway!!!

She then took the SS # and went to the back and came back with 2 sheets of printed out paperwork. She had checked what was called the OLD CARD FILE INDEX and located the missing records. She called the records storage facility while i was sitting there and today those treatment record from 1972 arrived. Huray!!!

Now that i have then i need to tell his wife what to do with them. My brother in laws claim folder is in Washington DC.

Can she send these records to them now?? Will it make a difference in his claim?? Or wait until she gets another denial from the Appeal??

Thanks!!

Jessie

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  • HadIt.com Elder

If he is at the BVA then,yes, he can send the records. Too bad he had not filed an earlier claim that was denied based on not having treatment records because that would be possible CUE since the VA should have had those records. You say TB. Does he have TB now or is this for damage due to TB or some current problem related to having TB? It is possible that this could mean a lot of retro.

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If he is at the BVA then,yes, he can send the records. Too bad he had not filed an earlier claim that was denied based on not having treatment records because that would be possible CUE since the VA should have had those records. You say TB. Does he have TB now or is this for damage due to TB or some current problem related to having TB? It is possible that this could mean a lot of retro.

Hi John and Thanks!!

No he doesn't have TB Now but he filed for the damage done from the TB, One being hearing loss from the Drugs given to treat the TB.

I know there were other issues but i'm not sure what they were since i haven't been involved with his claim until recently.

I would think they should call cue on themselves since they never even sent for his treatment records to start with/ They were told that he was treated for 6 months in hospital that that VA med center, Yet they didn't even send or make a request for them!! But i know that won't happen!!!

Jessie

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  • HadIt.com Elder
Hello everybody:

My brother in law filed a claim 3-4 years ago and was denied because the VA first told him that his records were burned and then told him that since there was no record that he was ever treated for TB that again his claim was being denied.

I told his wife to keep the Appeal going and maybe someday those records would be found.

Well they arrived today!!

In December last year while my brother in law was here to visit i ask him if he wanted me to check into them and he signed the Release of information form for me to do this.

2 weeks ago i went to the release of information at the treating VA med Center with the signed form in hand and the lady at the dest took it and then checked the computer and told me that no one [ Not even the Regional Office ] has ever requested this file. I ask how can that be since his claim is being denied all these years because the VA never requested them. Anyway!!!

She then took the SS # and went to the back and came back with 2 sheets of printed out paperwork. She had checked what was called the OLD CARD FILE INDEX and located the missing records. She called the records storage facility while i was sitting there and today those treatment record from 1972 arrived. Huray!!!

Now that i have then i need to tell his wife what to do with them. My brother in laws claim folder is in Washington DC.

Can she send these records to them now?? Will it make a difference in his claim?? Or wait until she gets another denial from the Appeal??

Thanks!!

Jessie

Jessie, GOOD WORK!! Looks like you hit pay dirt!!

It would be an additional bonus, if that "nice lady" wrote a brief paragraph to front page the medical records, and statement to the fact that those records had never been requested by the VA for any purposes.

Just yesterday, I was wondering, whether the National Archives keeps a record or log of the history of requests for a veterans file.

Anyway, I would most certainly send those records to the BVA poste haste! You can submit them under this rule (below); be advised that the BVA may or may not Remand the entire case back to the AOJ for review of the evidence. If you want to waive review (which they may or may not allow), then you must state in writing that "That in the Interests of Justice and Expediency, the veteran herein "waives" prior review of the evidence by the AOJ."

Here's that Board (BVA) Rule: Rule 1304(a) Submission of additional evidence following certification of an appeal to the Board of Veterans' Appeals, 38 CFR 20.1304(a)

Edited by Wings
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Jessie, GOOD WORK!! Looks like you hit pay dirt!!

It would be an additional bonus, if that "nice lady" wrote a brief paragraph to front page the medical records, and statement to the fact that those records had never been requested by the VA for any purposes.

Thanks Wings!!!!

That is a great Idea!!! I'll go back and see if i can get her to make that statement!! ;)

Just yesterday, I was wondering, whether the National Archives keeps a record or log of the history of requests for a veterans file.

Anyway, I would most certainly send those records to the BVA poste haste! You can submit them under this rule (below); be advised that the BVA may or may not Remand the entire case back to the AOJ for review of the evidence. If you want to waive review (which they may or may not allow), then you must state in writing that "That in the Interests of Justice and Expediency, the veteran herein "waives" prior review of the evidence by the AOJ."

Here's that Board (BVA) Rule: Rule 1304(a) Submission of additional evidence following certification of an appeal to the Board of Veterans' Appeals, 38 CFR 20.1304(a)

:P I'll Make sure my sister in law get this!!

Again Thanks, Your heaven sent!!

Jessie

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  • HadIt.com Elder

Not much for me to add but good luck on the claim. The BVA takes so long the records could make a difference. Why wait any longer already been going on for years.

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