Mishandle Service Medical Records At Va

[add55p]

Has anyone on this site or know of someone that had their claim awarded in accordance with Secretary Peake's Mishandled claim Fast Letter 08-41 based on missing service medical records that were in the possession of the VA, but subsequent misplaced or lost?

In my case, I submitted three pieces of evidence documenation to the Department of Veterans Affairs that state that my SMRs were sent to their agency in 2007.

The VA denied my claim in 2008 stating that service medical records were not available for review, therefore their is no proof of in service incurrence of my current claimed condition.

Just before the Novemeber 2009 deadline for submitting mishandled documents contentions, I requested reconsideration of my denied claim under the fast letter instructions.

VA is reconsidering the claim. In response to their VACC Notice for this special claim for reconsideration under fast letter 08-41, I sent in the confirmation notice that I had received the VCAA notice and resent the 3 evidence documents showing that my now missing SMRs were sent to their agency in 2007.

The 2007 claim is back in the review of evidence status on ebenefis and has been there since 2009. No movement what so ever. I read that VA sometimes closes claims after one year of inactivity, but I have checked and this is not the case with mine. I am not sure what the are doing.

The VSO rep that I had was dismissed by me because he stated that despite me having the fact documents showing that the SMRs were shipped to VA, until they find the SMRs and prove the condition was noted in service, I was wasting my time submitting a request for reconsideration under the fast letter. The VSO stated that he would not assist in the fast letter reconsideration becasue it was a waste of time.

Unfortunately, the way I read the Fast Letter 08-41 instructions, I truly believe that I have a chance.

Could it be that the evidence documents that showed my SMRs being sent to thier agency trigerred VA to conduct an all out search of their facility for the missing SMRs?

If the SMRs are found, all of the evidence to support my in service incurrence evidence would be in them. This is the only reason that they give for the denial.

I have also sent alternative evidence (letter from sister, my in service company commander, and the name of the Army doctor and various Army hospitals that treated me during service).

[carlie]

My problem is that while I have 3 factual evidence documents to support that my service medical records were sent to the Department of Veterans Affairs, there is no indication that the SMRs will surface support me even getting an award.

What exactly are the "3 factual evidence documents"?

[john999]

Add55p

No, I am suggesting that even when you find absent service medical records that may not be enough to show service connection. The VA can have what you think are your absent medical records, but they just never included them in your rating decisions. You do need to go look at your C-File and see what is in it. The record you think may be absent may be in your file.

I guess I am thinking in terms of a CUE. One of the VA's favorite games is to admit that "yes, your cue claim meets two prongs of the three prong attack by showing that records that were before the VA or should have been before the VA were absent, but that even if the records were before the VA it would not be enough to get you SC'ed. Hey, I am trying to find 42 year old records myself and I found out that my army doctor had them but refused to turn them over to a courts martial because he said that would have violated patient/doctor relationship. He had no problem letting the army kick me out, however even though I was in treatment.

I have same problem with not knowing if what he said about me would help me or hurt me. This is because I know as young 20 year old I know they mind-f%$#ed me via UCMJ into signing plea deal that was wrong for me when all I wanted was help. My adivce would be to get the documents that support the fact your evidence went to the VA and let the chips fall where they may.

John

[add55p]

Thanks John!

Carlie

The 3 evidence documents that I have is

1. A printed IRIS reply from VA stating that my service medical records were received and should be associated with my claim soon.

2. A letter from the national personnel records cented dated November 2007 stating that my service treated records were signed out to the department of veterans affairs.

3. A letter from my previous VSO informing me that he read a VA comfirmation document in my file that stated my service treatment records were transferred to the VARO.

The department of Veteran Affairs continues to deny my claim because the my service treatment records are unavailable for review.

I have on three occasions addressed these three documents in an IRIS inquiry and sent them to VA in support of my claim for reconsideration. I never received and IRIS reply and there has been no movement in ebenefits for my claim since 2009 (Review of Evidence).

Edited May 6, 2012 by add55p

[john999]

I bet your records are sitting in your C-file at the VARO right now.

[add55p]

John

I do not no about being inside of the claim folder, but I know that the VA had them at some point and time.

That is why I asked for reconsideration of this claim in hopes that someone would actually go and check. But as of 2009, noone has.

[john999]

ADD

The VA held up one of my claims because they said they did not have a DD214 for me. I did not argue with them. I went home and got a certified copy of my DD214 and hand carried it to them. When I looked at my C-File the DD214 was right on top. It had been there all along but they were too damn lazy to look.

John