Lost Medical Records

[mariorivera830]

I just received an email in response to a request for my in service records. To my surprise, I found that the only records related to my medical history in service are my entrance exam and the top sheet to my exit exam. The rest of the file is just SRB stuff. How does this effect my ability to provide proof of service connection for everything?

Also, one more hitch is: I came home from Iraq in August 2003 and was discharged (on terminal leave) just a few weeks after my return. My EAS was 9-11-2013 (wierd I know), so that didn't leave much time to evaluate what was wrong with me. Either way, there are no records to find. I have been trying for the past 8 years, roughly.

I am starting to collect more paperwork to help ease these claim processes, but this is a huge piece of the puzzle I'm missing. I don't know how I have gotten as far as I've gotten without them, but I'm not one to complain.

All that, for this: what do I do? Are there any other avenues of approach for these records or do I just leave it be and see what happens?

Thanks a bunch.

-Mario

[free_spirit_etc]

http://www.va.gov/vetapp03/Files/0336576.txt

An initial review of the evidence reveals that the veteran's
service medical records appear to be incomplete. The record
indicates that the RO attempted to locate the service medical
records in January 2001. The RO did receive the veteran's
service medical records, however, the rating decision noted
that they were "grossly incomplete", and the claim was
decided by the RO without the complete service medical
records. Even prior to the enactment of the Veterans Claims
Assistance Act of 2000 (VCAA), the United States Court of
Appeals for Veterans Claims (Court) had held that in cases
where the veteran's service medical records were unavailable,
through no fault of the veteran, there was a "heightened
duty" to assist the veteran in the development of the case.
See generally McCormick v. Gober, 14 Vet. App. 39, 45-49
(2000); O'Hare v. Derwinski, 1 Vet. App. 365, 367 (1991).
This heightened duty to assist included the obligation to
search for alternate methods of proving service connection.

The Court has also held that VA regulations do not require
that service connection be established by service medical
records, but may be established by cognizable evidence from
other medical and lay sources. Smith v. Derwinski, 2 Vet.
App. 147, 148 (1992). Further, the Court has held that the
"duty to assist" includes advising a claimant that, even
though service records were not available, alternate proof to
support the claim will be considered. Layno v. Brown, 6 Vet.
App. 465, 469 (1994).

[mariorivera830]

Still no luck on getting those SMRs. But upon looking (after finding) at my old decision packages for my current ratings, I see that they were used as recently as 2010.

That means they should be in my C File, right? Once I get closer to a decision on my current claim, I will send in that FOIA for them and see what happens. Thanks for your help everyone.

-Mario

[john999]

My basic training SMR's also disappeared from my records. I remember going to sick call about my knees and feet. The medic called me a liar because nothing showed on x-ray. I also remember I was required to pack up my stuff before I was allowed to go on sick call in case I did not come back. I am pretty mad about this because I know have permanent foot problems but no record in SMR's. Now this is a long time ago. I got most of my SMR's and was outraged to see the entries these army medics, doctors and dentists made in the record. They were so careful not to make any DX. They just spoke in very general terms. One dentist just entered "exam" when I went for an exam for my TMJ. He did not make a DX so VA says my records are silent on this issue. I went to a army shrink about anxiety and he wrote in "personality disorder". He put me on anti-psychotic drug for a PD. That make sense?

[ketchup56]

If the via had your records in 2010 and they are somehow missing now the onus is on them.First if they are missing there are steps they must do before deciding your claims which most have been mentioned in above posts.After all above has been done and records are still unavailable the vba must issue you a "FORMAL FINDING OF UNAVAILABILITY"of records. and VCAA notice of this fact. Anything other than above is lip service bull s.Make them help you.....