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No Service Treament Records While In Combat Zone

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DejDan

Question

In Nov 2014 I filed claim for PTSD resulting from my tour in Iraq in 2005. I submitted all of my STR's through the VFW when I filed my claim. I've had my C and P exam in April 2014 and it resulted in a diagnosis on Ptsd with a "more likely than not" cause by my military service in Iraq.

Currently I'm receiving treatment from the VA for PTSD after starting and stopping treatment back in 2006 after my tour in Iraq.

Today the VA sent me a letter asking for STR's for the exact time frame that I was in Iraq in which they stated that they have exhausted all means to secure. Now...... I was in area that did not have running water for more than 8 months straight let alone a facility where you could get medical care.

The short of it is I do not have medical records for this time frame. I was an activated reservist so therefore I received a PHA right after my deployment and answered some questions positively concerning seeing killed (civilian) and fearing for my life.( which I don't think they have and I'm prepared to send them) if the PHA is considered a type of medical record.

My Questions are:

1.How detrimental is this to my claim that these records does not exist?

2.Is it a standard form that I have to proclaim that these records does not exist or do I just call the VA or notify the VFW ( my representative) to let the know? In which I may add haven't been very active since I filed with them.

Any suggestions or advice will greatly appreciated. Thanks

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Welcome,

Even as a reservist that is activated, you do have medical records. They are saying your old reserve unit never gave them your service medical records. You need to send them into them if you have a copy. You can also request a copy of all your service medical records by your branch of service. Most will be in St Louis and most should have already been sent to the VA, but it isn't always automatic. PDHA, PHDRA are all within you service medical records. Give them all of them, no need to cherry pick for specifics. You are saying no LOD (Line of Duty), for this stuff. You have a diagnosis, they will give you the benefit of the doubt usually, whihc is what that at least as likely as not (Means over 50% in you favor, not compensation percentage but their opinion).

You need to become your own advocate. THe VFW, DAV and many other vet orginizations are nice, but they are usually overworked, burdened and don't put in the extra effort you might think. You need to start doing some of the leg work yourself, no offense.

Keep us posted

Semper Fidelis

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USMC_ HVEQ,

Non taken. The overall medical records are no problem to present from being a reservist at one time and to doing 8 years active duty.

Its the Service Treatment records that they want for a specific time frame ie; OCT 2004 -OCT 2005 in which I do not and will never have because I did not get any medical treatment while in Iraq for anything not even a cold.

I will of course send in my PHA that was done upon my return and wont assume that they have it. Just don't want my claim to be decided unfavorably because they have asked for a document that never was. I would like to think that the VA would use some common judgement to accept that not all Soldiers that were deployed were around facilities in which they could receive treatment. I'm not saying that you couldn't get medical treatment I'm just saying it wasn't in walking distance or on occasions riding distance.

But please know that I will take heed to your advice and become more involved. Really appreciate it

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i hear exactly what you are saying. Most PTSD, people didnt run for help when or immediately after it happened so it appears as if it didnt happen but we know it did in fact happen.

What type of MOS were you in?

ANy combat action ribbons or badges help as well. You have a diagnosis so don't sweat it.

Semper Fidelis

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  • HadIt.com Elder

You should have the service records of where and when you was in Iraq, even travel orders should work to prove that!

Check your own records you have in your possession when you were discharged.

As ''USMC_HVEQ'' Mention you should be able to get all your records from St Louis

Even if you don't have any STR'S.

some things go un-reported (in time of war) that's why the veteran has the benefit of the Doubt.

You need to get your C-file and check it yourself...some lazy ass VA Employee may not look good enough and just wants to make the veteran sweat.

your STR's could very well be in your C-file.

jmo

............Buck

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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USMC and Buck is right on the money bud. Basically the VA just wants proof that you were in a War zone that caused the Stressor. I spent multiple tours in OIF/OEF, even though I was active all 10 years, but while in Desert I had multiple injuries and infections. Nothing on record as there was not treatment in Desert for any other then local, but I had no issues as VA had copies of my Ribbons, Medals and awards that I was granted afterwards. I just went thru this with a Vet that died and left his wife of 35 years. She went to get VA benefits and income, and was told that her husband had never served in War even though he stated this to her during their whole marriage, as they married later in life. She went from thinking all this money and benefits was coming in, now to almost starving, repos and had to go back to work full time at 65. Good luck and keep us posted

100% PTSD

100% Back

60% Bladder Issues

50% Migraines 
30% Crohn's Disease

30% R Shoulder

20% Radiculopathy, Left lower    10% Radiculopathy, Right lower 
10% L Knee  10% R Knee Surgery 2005&2007
10% Asthma
10% Tinnitus
10% Damage of Cranial Nerve II

10% Scars

SMC S

SMC K

OEF/OIF VET     100% VA P&T, Post 911 Caregiver, SSDI

 

 

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Thank all you guys for your advise. I'm a former active duty Drill SGT with an 11B MOS that went into Reserves and re=classed to a 42A (Administration). Once I was over in Iraq I was used as a trainer for the Iraqi soldiers everything from firing weapons to going out on patrols for base security. Which is no surprise because it really didn't matter what MOS you had most Soldiers did jobs that were not MOS specific.

My DD 214 puts me there with imminent danger pay however I did not receive any combat action badge. Had a few instances when out training and patrolling a few pot shots were taken at us from a distance and as far the command was concerned didn't deserve a CAB in which I'm ok with because a lot of my comrades experienced much worse and were denied awards because some higher ups could decide on whose getting one and whose not I guess I may be sweating it too much but it's frustrating to try and present something that's impossible to turn in as evidence. I'll keep you guys posted

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