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Claim Denied



Ok I need some help here for my brother who is 70 yo. He just recieved his letter for SC , and it was denied. He has requested his SMR and was told they could not be found. But on his denial letter they stated there was no nexus to his claim in the SMR. So how did they get hold of it and under FIA he was told they could not find it. He has bad back problem as well as other problems, he was a helicoper machanic and while he was working on a coper he fell several feet to the concrete floor. He was in the hospital several days, shouldn't that be in his SMR? I am taking him to the local VA offfice Tuesday and once again file NOD and request his SMF. Any suggestions as what I need to do? thanks

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  • HadIt.com Elder

Take a deep breath. Just cause someone tells you something from the VA does not mean it is true. When everyone get back from holidays maybe we can get to work on helping your brother

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  • HadIt.com Elder

Hollis - hospital records are generally kept separately by hospital, in St Louis, and you'll need to get those records. The VA doesn't routinely request them. If he was in before 1974 and in the Army, he can request copies his company's "Morning Reports," which will show him being absent the day was hospitalized and returning to duty when discharged. It'll show he went to the hospital.


Edited by Philip Rogers
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thanks guys, and yes Roger he was in before 74. He was in the military hospital for recovery from falling. I would have thought it would be noted on his records. I will see if we can dig all this up this week and ask for copies. Once again, thanks for the replys.

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I am thinking the veteran is supposed to get the heightened benefit of the doubt if the VA can't locate all their records.

When you request records you might want to also ask for the doctor's notes.

When my husband got his records from the base, he got the hospital records - but they were very brief. (These were post discharge medical records).

He asked how an entire hospitalization and surgery could be reduced to about 5 lines. He was told the other information would be in the doctor's notes and that he had only requested his "medical records," not the doctor's notes. He requested the doctor's notes and received a copy.

It may be different for service medical records - but I just thought I would bring it up because I was surprised that even if you ask for medical records, that doesn't mean they always give you all of them.

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