Buddy Letter-Wife Statement-Doctor Statement

[add55p]

Va denied to use my buddy letter from a fellow soldier that was stationed and witness my in service accident, my wife statement, who has was married to me and witnessed my multiple in service hospital visits, and my current physician statement, who wrote that it was likely that my current condition was related to my in service trauma.

To discount my buddy letter and wife statement, the VA stated Sanchez v. West "That pain alone, without a diagnosis or underlying malady or condition, does not in and of itself constitute a disability for which service connection may be granted".

To discount my physician´s statement, the VA stated "There is no evidence that you were injured on active duty as Service Medical Records were unavailable for review".

How do you recommend that I proceed. I have 11 months and 10 days to respond to the decision.

Thanks

[broncovet]

To add, if "SMR's are not available for review", and then the Smr's are ultimately found, this is addressed by 38 CFR 3.156 C, entitling you to an Earlier effective date. The effective date is the main reason we "appeal" instead of just simply resubmitting a claim over again.

[add55p]

Asknod

in regards to your quote "You would also need a letter from NPRC saying "Not it! We gave them to VA." I do have documents from the NPRC stating that my service treatment records were loaned out to the VA.

I also have information from VA stating that The RMC sent the service medical records to the VA activity.

I have done some research and have found that the RMC is the Records Management Center that unlike NPRC works directly for VA and stores veterans service medical records after they have been received from the NPRC.

So what I gather is that the VARO requested my records from the service deparment (NPRC), NORC sent the service treatment records to the RMC and subsequently, as stated by the RMC, my treatment records were sent to the VARO and subsequently lost oe misplaced. I have documented facts to back this up.

Broncovet

In regards to your quote "you may well find that diagnosis that The VA rater could not find. Then, you could simply cite, "According to Dr. Whodunnit, the Veterans VA physician, a diagnosis of xxxxxxxx was made on 1-23-04 when the medication " The VA doctor diagnoses my current conditioon as chronic during the C&P examination and during one of my earlier outpatient visits.

I plan to submit a NOD. The specific question that I would like to ask is; Has any ever won a case when the records were lost while in VA possession and lay evidence not properly weighed was ultimately used in the veterans favor for a favorable decision.

ADD

[Gastone]

Add: As of 05/2013 you hadn't filed your NOD but were about to. Did you bypass DRO Hearing and opt for BVA Hearing, DC, Video or Travel board? Have you been advised by VARO or BVA letter that your appeal has been Certified and assigned a BVA Docket Number? If so, it appears your appeal is progressing at "Light Speed." What's your Docket Number?

Check out 2014 BVA adjudicated case decisions, appears to me 3-5 years with heavy number of remands is the rule rather than exception. You can get a bump to the front of the line if your dying or for some other exceptional reason but it's not an automatic.

Semper Fi

Gastone

[add55p]

Dastone

Yes, the appeal is now at the BVA. I am just looking for some case that may help wjen service treatment records are missing.

Thank you..

Add

[Gastone]

Add: Have you received a Docket Number? What type of BVA Hearing is scheduled? What effortshave failed to either find missing or obtain copies of original Med Rcds?

Semper Fi

Gastone

[add55p]

Gastone

Yes, I have received a Docket number.

There is no BVA hearing Scheduled.

Efforts made to obtain my SMRs are: many requests by VA and myself to NPRC with negative results a complete set of my smrs.

Add