Missing Med. Records

[cooter]

Good afternoon folks

My ets date was 1976 and my civ med. records that I have are from 1991 to present. Can't produce my records from my ets to 1990 bcause my old HMO insurance co. doesn't keep med records over 10 years. I been having some serious medical issues ever since I been out. But are noted in my SMR's.

My issues are mostly ortho and neuro symptoms that of course started in service. My question; When I file the claims for SC for these symptoms will the absence of my records hurt me?

Edited August 17, 2010 by jbasser

[JamesBreckenridge]

Good afternoon folks

My ets date was 1976 and my civ med. records that I have are from 1991 to present. Can't produce my records from my ets to 1990 bcause my old HMO insurance co. doesn't keep med records over 10 years. I been having some serious medical issues ever since I been out. But are noted in my SMR's.

My issues are mostly ortho and neuro symptoms that of course started in service. My question; When I file the claims for SC for these symptoms will the absence of my records hurt me?

That depends, cooter.

Let's say that you've got ortho complaints in service, and they're in your service medical records, and the VA has those records with your C-file. That's how it works for 99.999 percent of veterans. To make it simple, let's call it complaints of back pain in service and hurt knee while you were in service.

You got out in 1990. It's now 2010. It's been TWENTY YEARS since you got out of the military. VA's benefits are like Workers Comp benefits. Would you wait 20 years before filing a claim for Worker's Comp?

On the other hand, maybe it's just always bothered you ever since it happened during service, but never badly enough to bother going to the doctor about. Maybe you just took a few aspirin or something when it really bothered you, and hey, you were young at the time anyway. Younger than you are now at any rate. Things that didn't bother you in your first four decades of life can be worse in your last few decades of life.

Ideally, the VA is going to want to see some complaints in service, preferably enough complaints that it can be considered "chronic" based solely on the military records. ONe complaint of back pain in a 10 or 20 year career is "acute and transitory." Several complaints that span the entire career look pretty chronic.

But if it's been a while since you got out, the VA is going to want to see post service medical records that show you were treated for that back problem or knee problem. That shows that it's a chronic condition.

If you don't have those private treatment records, it's not a dealbreaker. If a veteran has complaints in service (back pain for example) and they're claiming a back condition now, the VA should ask for an examination with a medical opinion, and ask the VA examiner to examine your current back, and review the service medical records, and opine as to whether it is at least as likely as not that what you're experiencing now is related to the complaints during service.

If a vet just has one instance of back pain in service, and never has any further problem with it, and 20 years have passed, and now he has arthritis, it's probably not because of an acute and transitory he experienced while in service. Also, if the veteran had a car wreck or a workplace injury 20 years after service, a lot of time that's the real problem, and not anything that happened in service. (that latter scenario represents a sizable part of the claims we deal with).

If it were me, I'd get copies of the service medical records, take them to whatever specialist is treating you for your orthopedic and neurological complaints, and ask them to state whether it is at least as likely as not that your current condition is due to the complaints during service. They also need to provide a medical rationale. Even better is if you include the criteria for rating whatever it is you're claiming.

[cooter]

That depends, cooter.

Let's say that you've got ortho complaints in service, and they're in your service medical records, and the VA has those records with your C-file. That's how it works for 99.999 percent of veterans. To make it simple, let's call it complaints of back pain in service and hurt knee while you were in service.

You got out in 1990. It's now 2010. It's been TWENTY YEARS since you got out of the military. VA's benefits are like Workers Comp benefits. Would you wait 20 years before filing a claim for Worker's Comp?

On the other hand, maybe it's just always bothered you ever since it happened during service, but never badly enough to bother going to the doctor about. Maybe you just took a few aspirin or something when it really bothered you, and hey, you were young at the time anyway. Younger than you are now at any rate. Things that didn't bother you in your first four decades of life can be worse in your last few decades of life.

Ideally, the VA is going to want to see some complaints in service, preferably enough complaints that it can be considered "chronic" based solely on the military records. ONe complaint of back pain in a 10 or 20 year career is "acute and transitory." Several complaints that span the entire career look pretty chronic.

But if it's been a while since you got out, the VA is going to want to see post service medical records that show you were treated for that back problem or knee problem. That shows that it's a chronic condition.

If you don't have those private treatment records, it's not a dealbreaker. If a veteran has complaints in service (back pain for example) and they're claiming a back condition now, the VA should ask for an examination with a medical opinion, and ask the VA examiner to examine your current back, and review the service medical records, and opine as to whether it is at least as likely as not that what you're experiencing now is related to the complaints during service.

If a vet just has one instance of back pain in service, and never has any further problem with it, and 20 years have passed, and now he has arthritis, it's probably not because of an acute and transitory he experienced while in service. Also, if the veteran had a car wreck or a workplace injury 20 years after service, a lot of time that's the real problem, and not anything that happened in service. (that latter scenario represents a sizable part of the claims we deal with).

If it were me, I'd get copies of the service medical records, take them to whatever specialist is treating you for your orthopedic and neurological complaints, and ask them to state whether it is at least as likely as not that your current condition is due to the complaints during service. They also need to provide a medical rationale. Even better is if you include the criteria for rating whatever it is you're claiming.

Thanks alot for the info! To give you a better idea on whats going on with me read the post I just sent. it's under PTSD posted 2:37 pm

[allan]

take them to whatever specialist is treating you for your orthopedic and neurological complaints, and ask them to state whether it is at least as likely as not that your current condition is due to the complaints during service. They also need to provide a medical rationale. Even better is if you include the criteria for rating whatever it is you're claiming.

Cooter, if you give VA raters ANY wiggle room, they will squirm their way out of your award.

If the Dr's statement does not say "MORE" likely than not that your condition is connected to service they will likely deny it. It is best if the IMO states the health issue "IS" service connected.

It is best to have a long time,"private" treating Dr provide the medical opinion. If not than a specialist that is familure with providing VA IMO's.

Take a copy of the C&P examination worksheet for your health issues at this link and have the Dr use it.

Index to Disability Examination Worksheets

http://www.vba.va.gov/bln/21/benefits/exams/index.htm

Also take a copy of your claims file & service medical records, with all the medical records you have since service. Make sure the Dr also states that they viewed the complete claims file & service records in his IMO or they will likely use that as an excuse to deny or delay by having another Dr rebut your IMO. Also known as,"DR shopping".

As stated above, make sure the Dr includes a medical rationale as to how your currant condition is service connected. The VA often doesn't have one in their IMO's they get to deny with. But they will likely deny your claim if the IMO doesn't have one.

Allan

[DickC]

I found myself in the same situation concerning civilian medical records and learned that it is standard practice to destroy them after 10 years. I reasearched the conditions myself and took this info (what I thought may be causing some of the issues)to my civilian doctor and asked him to write a letter using the phrase that has already been stated "it is at least likley as not". I believe this was crucial in winning my awards. No one has more interest in your claim than you do so any home work you can do can be a benefit. I also took the same info I had researched concerning long term health affects of metal fume fever and trychloethelyne (sp) to my C&P exam and gave them to the VA doc.

[cooter]

I found myself in the same situation concerning civilian medical records and learned that it is standard practice to destroy them after 10 years. I reasearched the conditions myself and took this info (what I thought may be causing some of the issues)to my civilian doctor and asked him to write a letter using the phrase that has already been stated "it is at least likley as not". I believe this was crucial in winning my awards. No one has more interest in your claim than you do so any home work you can do can be a benefit. I also took the same info I had researched concerning long term health affects of metal fume fever and trychloethelyne (sp) to my C&P exam and gave them to the VA doc.

Do you remember where you found the research containing your claims?

[cooter]

take them to whatever specialist is treating you for your orthopedic and neurological complaints, and ask them to state whether it is at least as likely as not that your current condition is due to the complaints during service. They also need to provide a medical rationale. Even better is if you include the criteria for rating whatever it is you're claiming.

Cooter, if you give VA raters ANY wiggle room, they will squirm their way out of your award.

If the Dr's statement does not say "MORE" likely than not that your condition is connected to service they will likely deny it. It is best if the IMO states the health issue "IS" service connected.

It is best to have a long time,"private" treating Dr provide the medical opinion. If not than a specialist that is familure with providing VA IMO's.

Take a copy of the C&P examination worksheet for your health issues at this link and have the Dr use it.

Index to Disability Examination Worksheets

http://www.vba.va.go...exams/index.htm

Also take a copy of your claims file & service medical records, with all the medical records you have since service. Make sure the Dr also states that they viewed the complete claims file & service records in his IMO or they will likely use that as an excuse to deny or delay by having another Dr rebut your IMO. Also known as,"DR shopping".

As stated above, make sure the Dr includes a medical rationale as to how your currant condition is service connected. The VA often doesn't have one in their IMO's they get to deny with. But they will likely deny your claim if the IMO doesn't have one.

Allan

I need a Dr that specialises VA IMO's. By the way thanks for the link on the worksheets!