Service Medical Records Request During Appeal

[USMC2311]

I recently requested an appeal through the DRO. If I request a copy of my Service Medical Records will this impact the appeal process in anyway?

Thank you

[USMC2311]

Carlie,

Yes, I see the document in my C-File were the VA requests what they want the examiner to examine and pay attention to and it does not mention anything about reviewing my C-File or SMR, and assume this is the VA’s procedural work flow in assisting the veteran, not very detailed. I am beginning to be more convinced that my home VA office in Hawaii and now the VA Office in Pittsburg that is handling my files because I am overseas never had or has a copy of my SMR. I believe this because I also see in my C-File where the VA Rating Specialist and the VA Office in Hawaii both requested a copy of my SMR back in 1989 and 1998, but there is no SMR, not one page in my C-File. The only thing I found was a reply from the UMSC Personnel Records section providing a written note with an incorrect discharge date and incorrect rank information to the VA, thankfully this had no impact on my initial rating decision. In any event I am moving forward to get a copy to review and maintain in my files.

[MarkInTexas]

Yeah, definitely submit a request through the National Personnel Records Center for your SMR's and any other military personnel records you can obtain. I would also recommend that you wait a couple of weeks after you get your documents, and then do it again.

The reason for this is that they don't always send you everything, and I have had them send three different sets of documents over the years of records that I should have gotten from my first request back in 2010.

Also, don't assume that the VA has obtained your SMR's. The VA had "trouble" obtaining mine at first, and then later said "We found them!"......then rated me. However, upon obtaining my C-File to see what they based their ratings on, there was a great deal missing from my service history, most of which were the SMR's, including missing intake and separation examinations. Luckily, I was able to obtain them from the NPRC and shoot them over after filing my NOD. It's a good thing to have proof showing that you were in perfect medical condition entering the military, and followup evidence showing conditions noted during separation. I assumed they had all that because they were the Great and Mighty VA, and would certainly magically have it all in their possession. Wrong!

You need to have copies of the records for your review anyway. You may well find evidence of conditions diagnosed in the military that you didn't know about, along with proof of assignments or training that you may have injured yourself during. All key evidence.

I even found an old AF safety document completed by my supervisor regarding daily hazards that I was exposed to as part of my duties tucked into my NPRC file. A single document, but several key elements listed. You'll also be able to get performance evaluations, which quite often contain narratives regarding your duties and further proof for you later down the line. The VA most likely will not have that in their C-File on their own.

Just a thought.

Mark

Edited August 30, 2014 by MarkInTexas

[MarkInTexas]

Your SMR should be at the archives in St Louis. Requesting a copy will not impact the processing of your NOD, which will happen at your servicing VARO. These are totally separate entities.

http://www.archives.gov/st-louis/military-personnel/

If you do not have a copy of your SMR, you need to get it from the archive and review it ASAP.

There is a lot of value in reviewing your C-file as well, which *should* have a complete copy of your SMR. The problem comes when the copy in your C-file is either incomplete or has parts from someone else's records. Sounds like your C-file was way too light if you're still looking for a copy of your SMR.

I was strongly encouraged to make a copy of my SMR before leaving active duty, which I did. In fact, I was encouraged to make two copies by a very squared away National Service Officer. One copy I gave to the VARO with my initial claim. The second copy is in our personal files here at home. It's come in handy for follow on care not related to disability compensation. In fact, I just pulled an old test result out earlier this summer to show some specialists.

Same thing happened to me. My C-File was extremely incomplete, and missing quite a bit of my SMR documentation, and had nearly zero personnel documentation, with the exception of documents I had sent. However, it was "completed" with having 89 pages of medical record documentation from about 3 other people, two them definitely veterans. Amazing!

[USMC2311]

I humbly thank each and everyone of you for your great information and assistance.

Thank you.

[Gastone]

USMC2311: Regarding your NOD Filing. I don't know if you can request a "personal Hearing" post NOD filing requesting only DRO Review. I do know that you can use the same "Informal Conference" request that is available to DRO's. I did and all of a sudden my original NOD Hearing was scheduled within (3) months.

Give consideration to using "Sworn Declaration" in place of VA "Statement in Support of Claim." My DRO seemed impressed when he reviewed my "S. Declarations." Just be sure that all of your "NEW EVIDENCE" is in your C-File for the DRO to REVIEW. This may mean making copies of all your "NEW" evidence and both mailing (1) large package to the VA Cert RTN Reciept US Mail as well as Scanning all to PDF and attaching to E-Ben Document. Remember, You have (1) shot at DRO Review, No "Request for "Reconsideration." If your not at an "Official DRO Hearing," with all your NEW evidence to be sure the DRO sees it before rendering a decision, you could get screwed again. The next stop is VBA Court 2-4yr wait. CYA BRO!

Semper Fi

Gastone

[Gastone]

USMC2311: It appears you filed your orig Comp Claim mid 2012? Did you ever get a copy of the C & P exam from your VA Medical Records? In 2012 I believe the C & P Examiners were required to complete whatever VA DBQ was being requested by the VA Raring Dept. The 1st time I requested my clinician notes pretaining to my PTSD C & P 2011, I got exactly that, the examiners notes. I went back and specifically asked for a copy of the completed PTSD DBQ that was submitted to the VRO Rating Dept. No idea why VA Med Records needed to be asked twice. I had asked for (all clinician notes and documents) from C&P exam.

Do you have "Proof of Receipt" for all "NEW and Material Evidence" that you have submitted to the VARO since your denial? If in doubt, send it again, US Mail Cert_Return Receipt.

Although your out of the US and it appears your handling this Solo ( Pro Se,) think about contacting a VSO to represent you. You will still be classified as "Pro Se" by the VA. I used a VSO for info only, filed all my own claims & Appeals. When it was time for my DRO Hearing, I requested the VSO provide a DRO Hearing Specialist. I struck Gold, my guy was Retired VA Employee from VRO Rating Dept. He had spent his last 10 or so years as a DRO. I would have liked to talk to him 4 yrs ago, a fountain of Knowledge and experience.

Semper Fi

Gastone