Trying To Obtain Record Of Us Navy Psychiatrists Remarks

[shipbuilder]

Still waiting for the Navy psychiatrists records from 1966 that I requested from the National

Records Center in Saint Louis. I requested the records over 2 months ago with the address

of my psychiatrist. Would it be a better idea to file under the freedom of information act to get

better results ? If I file under the freedom of information act would it be to the National Records

Center and the VA ? Is it possible the VA has the psychiatrists remarks ?

shipbuilder

[Ethan'sGrandma]

This is what happened with my records when I attempted to get some that had not been included in a previous request to NRPC. They said that VA now had my records from active duty, so I should request them from VA. Then, VA said NRPC had my records from active duty because VA claims to have returned them. I did manage to get more records from NRPC after they'd said they didn't have them, but I had to do several requests before I got a hit...persistence. My records at NRPC are incomplete, they still stating that VA has them, but VA has not complied with a request for records. I suspect VA has some that I am missing, but VARO is too far for me to drive to for request of copies, so I am still waiting, hoping to be able to make it in person to obtain copies. If I were you, I would do both...request from NRPC and VARO. Hopefully, you will get the records, but it may take some time, more than you expected. Whatever you do, please don't get dissuaded from continuing to attempt to locate your records. By my persistence, someone at NRPC did find some and sent to me. Best of luck!!

[Josephine]

I am not sure I can answer your question, but I can tell you what I did.

I sent a hand written letter to the Records Center in St. Louis requesting my psychiatric records.

After about two months, I received a telephone call from a tech working there.

He had located my long lost psychiatric records from 1964 which was the reason for my early discharge from service.

These records were stored in a different area from my other records and yours may be also.

I was able to take those records and enter them as " New and Material Evidence".

This in turn lead to an 8 year battle, but did win my benefits back 16 years.

Hope this helps you.

[bluenote]

Josephine, you may already know this, however, military records found even after final adjudication of a claim can be advanced as a CUE arguing that the VA should have obtained the records and, if they were available during adjudication of the original claim ,that would have changed the outcome. Without looking at the statute, I believe this applies to all original claims filed after 1992.

[carlie]

Josephine, you may already know this, however,

military records found even after final adjudication of a claim can be advanced as a CUE

arguing that the VA should have obtained the records and,

if they were available during adjudication of the original claim ,that would have changed the outcome.

Without looking at the statute, I believe this applies to all original claims filed after 1992.

Sorry, the above does not even come close to meeting the

criteria for submitting a CUE issue.

The situation above falls under N&M evidence.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=7b93d114a8970ca45e7131b46be59c2a&rgn=div8&view=text&node=38:1.0.1.1.4.1.60.65&idno=38

(a) General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim.

(Authority: 38 U.S.C. 501, 5103A(f), 5108)

© Service department records.

(1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to:

(i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph © of this section are met;

(ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records; and

(iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim.

(2) Paragraph ©(1) of this section does not apply to records that VA could not have obtained when it decided the claim because the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source.

(3) An award made based all or in part on the records identified by paragraph ©(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim.

(4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim.

(Authority: 38 U.S.C. 501(a))Cross References: