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I am disabled and drawing Federal Disability of $1170 a month. I filed for my VA disability pension rating over 5 years ago, denied due to VA losing my medical records and currently on appeal. I have filed for Aid and Attendance well over 2 years ago and was denied due to income limits. I do not understand the system and all I know is that it is working against me. I have given the VA all medical records and have given them my permission to access any other records they may need. I have Spasmotic Torticolis or Cervical Dystonia diagnosed by Emory Neurological (5 years ago Atlanta VA diagnosed this as somataphor disorder.), Severe Diffuse Idiopathic Skeletal Hypertosis, Cervical Stenosis, Cervical Spondylosis with Melopathy, Large Cervical Bone Spurs and Heel Spurs, thoracic and lumbosacral Neuritis, chronic pain depression and an anxiety. I use a VA issued wheel chair and walker. I served during wartime.

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  • HadIt.com Elder

"denied due to VA losing my medical records and currently on appeal.

Do you have copies of your inservice SMRs as well as any private treatment records?

If so did you submit those copies to the VARO?

Va has an enhanced Duty to Assist when medical records cannot be found.

http://veteranclaims.wordpress.com/2009/04/05/missing-records-advancement-on-bva-docket-due-to-age-daye-v-nicholson-no-05-2475/

Are you able to scan and attach the VA's Reasons and Bases here for the denial? Cover your C file number, name and address before scanning it.

Sometimes we need to see the exact verbatim wording of denials......

How do you know the VA lost them?

Do you know for a fact they tried to get them from NARA?

Have you yourself attempted to get them ( I am assuming you mean your SMRs) via NARA?

" I am disabled and drawing Federal Disability of $1170 a month. I filed for my VA disability pension rating over 5 years ago,"

Is it possible the Fed Disability system procured your lost records and might still have them?

Do you also receive SSDI?

The SSA ,much to my surprise when my husband applied for SSDI years ago, had all of his SMRs and VA med recs on a large dolly, what a stack, and the SSA let me go through them quickly with his permission.

I really got pissed because VA had sent him a letter saying they had no record at all at Newark VAMC of any medical treatment he had received there.

The SSA stack however had a bunch of Newark VA medical records that were critical to his pending VA. claims.

Edited by Berta
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