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records destroyed/VLJ hearing next week

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air1

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My mental health records destroyed from 1984 and I called the state health department that keep those records and they stated they were destroyed but they also decided to send me letter stating this fact and that I called their office requesting these records.I also have a statement from employee that was employed at the Telephone company  when I had to go everyday to these treatments for a month.My question is that if the VA can give benefit of doubt to vets who lost records in the fire on VA facility years ago will I be given this same benefit of doubt at my VLJ hearing.

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Im going to guess you are still seeking treatment?  Make sur eyou current MH provider notes that in their exam notes that your symptoms were X in 1984 and still the same, more, less now, etc.

 

If you go an get a good IME you can also have that in your records, that 'patient states MH issues began to occur in 1984 with ______ symptoms they continued to manifest until current date' etc etc etc.

That combined with the letter that the records were destroyed should be sufficient.  You wont be getting back pay to 1984 however since retro only goes back to the date you filed and have "continuously prosecuted" it via appeals, etc.

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