What Should I Do? Wait Or.....

[silverdollar22]

The RO in atlanta has aparently lost my Service Medical Records. At first I thought they lost my C&P results but after 4 IRIS e-mail they sent this "A review of the electronic record indicates that your claim is listed as currently in the Development Phase of processing. This phase is where we gather all the evidence we need in order to make a decision on your claim. Our systems show that we are currently waiting for service treatment records from the Records Management Center (RMC). If we determine we need additional information, we will contact you. They have been requesting my records since July and keep extending the date requested out over and over again. Is there a time limit when they will finally give up and contact me? My million dollar question is this: Should I wait, and if they can't find my records let them make a decision with benifit of a doubt clause, or should I tell them I have a copy of my SMR and be nice and send them a copy??? This whole system is broken as if you guys did'nt know this already!!!! Help please!!!

Thanks,

Eric

[Navy4life]

Send a copy NOW! I supplied my entire SMR to the VA when I initially filed my claims. You are your OWN BEST Advocate! Send the records in now.....

[Philip Rogers]

I would send a copy of the records, today, if not sooner!!! Why wait, it'll just stall your claim. jmo

pr

[silverdollar22]

But would'nt it be better to see what they will do without the records? It might work out in my behalf. The contentions that i put in for are already service connected and can be rated by my records from the VA. I was thinking that if they came back with a bad decision then I would turn my records over to a lawyer and go for broke. Is this faulty reasoning? All i would be doing is adding time to my claim and with the duty to give the benifit of doubt to the vetern could this not work to my benifit?

[georgiapapa]

Yes it is faulty reasoning. Do what PR suggested and send them your records. You never want to give the VA any reason to deny or delay your claims. JMO

[silverdollar22]

How can i send them my records? Should I use my VA rep to fax them or have him scan and e-mail them or what? Should I just send pertinent information about my claim? I'm mad about them loosing my records as it is so these idiots should be held responsible for their mistakes!!!!

[georgiapapa]

You can send them by certified mail return receipt requested. When they are received by the Atlanta VARO, the mailman will have a VA employee sign the green card and the post office will return the signed green card back to you as proof of delivery. You could also hand deliver the records to the Atlanta VARO where they will date stamp some of your copies that you keep for your records.

In 2011, I sent my records to Atlanta VARO by certified mail twice. Despite having the signed green cards, Ebenefits indicated the Atlanta VARO never received any records. The third time I hand delivered my records (about 100 pages) to Atlanta VARO. I asked the receptionist at the VARO to date stamp my copies. She stated she did not have time to date stamp all of the pages and she agreed to date stamp six (6) pages of my copies. I had all of my pages numbered in the following manner: 1 of 100, 2 of 100, etc. I also had a table of contents at the front of my claims package which provided a detailed listing of all the documents in my claims package. Since the VARO would only date stamp six (6) of my pages, I had her date stamp six of my pages including my table of contents which was basically an inventory of all of the documents being provided in my claims package to the VARO. After hand delivering my records, the VA finally acknowledged receiving the records.

You should send the VA any documents relevant to your claim. Your records should show the diagnosis of your claimed conditions and a nexus of the claimed conditions to your military service, etc. Include you military and civilian medical records which relate to your condition. Also include your military personnel records showing your time in service. If you are not sure whether something is relevant, include it. If you have additional questions, post them on Hadit.

Good luck.