No Medical Connection In Service

[ForThem]

My husband was a medic and had several years of records destroyed while he was in service that dealt with his foot injuries and other stuff. He says that his SGT said that it had to go otherwise he would never be promoted. Additionally, he says that they were told to suck it up and not go to sick call so he dealt with a lot of issues on his own.

He went NG after 2011 and transferred to the retired reserves last year. He filed for disability and had his Gulf War Exam. Where it was noted that although he claimed items that occurred after he was overseas, because he sought no treatment in service that they are not service connected.

I get that he should have seen the doc in service. I need to know if there is any way to get them connected. I am the more realist, untrusting person in this relationship where he believes everything he is told and that the "right" thing will happen.

The only thing that she said might be likely due to the Gulf War was his unexplained anal leakage and diarrhea.

Is there any hope?

[bluevet]

Hi Buck!

 

Thank you so much for your time!  He got rated 10%.  We are going to appeal.  For the letters, do we submit those with the appeal?  Any insight is appreciated.

 

 

File the NOD (notice of disagreement). You don't need to elaborate on the reasons why you disagree when you file it. You just need to list each of the contentions, the decisions of which you disagree. Example: Tendinitis, PTSD, etc...  There will still be plenty of time to gather evidence while waiting for your appeal to be adjudicated. I would elect DRO review if I were you. If the DRO does not find in your favor, you can still appeal to the BVA. Each of these stages will take a long time and give you plenty of time to gather and submit evidence, which you can do at any time during the appeals process.

Edited August 27, 2015 by bluevet

[Philip Rogers]

Absolutely, he can SC these and win his claim!!! He'll probably need to get an Independent Medical Opinion(IMO) to win, tho. Also, medical evidence since leaving the military would certainly help. Buddy statements help, also.

pr

Edited July 25, 2015 by Philip Rogers

[ForThem]

I talked with him about buddy statements but he doesn't seem to still have contact with those folks. She did say there was medical evidence since leaving the military but that there was none in service. I will review how the IMO works. Thanks!!

[Buck52]

I agree with Philip.

He needs to go get an IMO/IME and a specialist Doc in the field of medicine that your hubby claims of his conditions and ask the Dr to state ''after examing this veteran it is my medical opinion/impression based on his military service & information provided by this veteran (name), Dr can state''his conditions and that I have also reviewed this veterans medical history that it could be in my professional opinion least likely as not that his conditions that he has now were caused while serving in military.

a lot of veterans never reported things while in the military therefore ''no records'' but it can be proved with medical rational that any conditions he has from serving in the gulf war can be proved it was because of his military service.

Also lay notarized statements from family and friends to testify of his conditions will help as evidence.

A good IMO.IME will help him tremendously!

jmo

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

Edited July 25, 2015 by Buck52

[ForThem]

I agree with Philip.

He needs to go get an IMO/IME and a specialist Doc in the field of medicine that your hubby claims of his conditions and ask the Dr to state ''after examing this veteran it is my medical opinion/impression based on his military service & information provided by this veteran (name), Dr can state''his conditions and that I have also reviewed this veterans medical history that it could be in my professional opinion least likely as not that his conditions that he has now were caused while serving in military.

 

a lot of veterans never reported things while in the military therefore ''no records'' but it can be proved with medical rational that any conditions he has from serving in the gulf war can be proved it was because of his military service.

 

Also lay notarized statements from family and friends to testify of his conditions will help as evidence.

 

A good IMO.IME will help him tremendously!

 

 

jmo

 

 

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

Hi Buck!

 

Thank you so much for your time!  He got rated 10%.  We are going to appeal.  For the letters, do we submit those with the appeal?  Any insight is appreciated.

 

 

[MarkInTexas]

All of the above!  Gather all records you can find, then submit requests to the NPRC for more records....then do it a couple more times to make sure they give you everything.  Then work on gettting a solid IME/IMO report done for the conditions.  Ensure that the chronological history and events are written down for reference and go from there.

Good luck!

Mark