Help Requested

[tsmith0369]

I am seeking guidance on how to pursue this. First off, when I retired in 2007 my medical/dental records were lost at Camp Fallujah. After a long wait in hopes that they would turn up I decided to go ahead and file a claim anyway. No surprise, all medical issues were denied. Since then I have managed to get doctors notes and appointments from two clinics, and have had little success thus far. In March I had 3 discs removed from my C-spine; I managed to get 4 buddy letters, a Nexus letter from the surgeon stating it was more likely than not attributed to military service, and MRI's, etc... for a new claim. My VSO didn't forward my claim until after my surgery date. One of my questions is do I send in surgery and doctors notes as an update (reviewing evidence stage now) or wait and gamble less evidence; I am not sure how it impacts convalescence. Second, on my first claim I had presumptive conditions (IBS, skin rash, migraines) listed and wanted to file a CUE as none were even reviewed. I served in Desert Storm and OIF, is this a feasible request? Thank you all.

[jbasser]

You dont need a CUE. You need to find the records.

If you win a claim based on lost or missing records (In the governments posession) you need to use title 38 cfr 3.156C.

Just keep the appeals going and dont miss any time limits and you should be fine.

J