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

[FormerMember]

I think I'd personally give the VA's Records Management Center a request for them. In this day and age, very rarely do records end up there unless your c-file has had no activity in 30 plus years. I'm working on one right now for a Vet who got 10% for scars after getting clobbered by a VC 60 mike mike mortar in 69, He filed on the way out in 70. No activity since. When I went looking for his records, VA said the c-file was at the RMC in St. Louis. Two requests have not dislodged them. Monday is the OGC "$h*t or get off the pot" letter day. Next stop is the CAVC for a Writ if I don't have them in 20 days. You have to be proactive on this because we sure as hell know VA isn't going to be. The CAVC is rife with decisions remanding back to BVA for Schafrath violations. Why wait until you get one of those " We are so sorry we were unable to grant you SC but the absence of the records gave us no other recourse". Yes, but if they had not lost them, we wouldn't be in this pickle, ne c'est pas? It's well known that VA's idea of a diligent search for the SMRs does not comport with the CAVC's interpretation.

Here's their address if you want to grab the bull by the horns. While you're at it, I strongly suggest you round up any VISTA records from the VHA at your VAMC if you have not already. It's impossible to fight a battle without knowing what the enemy knows about you. Murphy's dictums include one rarely cited: A slip of the finger on a number key can render the search useless. They did this to me on my birthday once and it took six months to find the entry error.

http://www.va.gov/directory/guide/facility.asp?ID=5380

Happy Thanksgiving and the best of luck on this, sir.

[add55p]

Asknod

Thank you for the advice..

I will write the RMC and see if they can come up with complete copies of my smrs..

Add

[FormerMember]

File one of the new 3288s >> >>https://asknod.wordpress.com/2013/09/30/getting-your-c-file/ Make sure you mail them directly to RMC and do not go through Cheeseville Wisconsin or Newnan Georgia.

Cleared in hot