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VA gathering Evidence

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Buck52

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  • HadIt.com Elder

I was thinking about this...I sent off to St Louis for my STR Records Before I filed  but they did not send me everything I needed  no morning reports or duty from Germany  they only sent me my vietnam records and there  were not that many and I didn't get the records I wanted./needed & no morning reports in those either? only 10 pages from vietnam...I thought somethings wrong with this picture?

I spent 2 tours in Nam and surely they should be more than just 10 pages of records.

St Louis informed me that I needed to get medical records from my VAMC or any VAMC that treated me.

Anyway I sent  them (VA claims intake center) what Records  I had favorable to my claim.

 

Now they are gathering  evidence...Question? what if St Loise sends them records they never sent me? how do I find out?

should I re-submit my for records again from St Louis?....The first time I sent a request from St Louis I ask for ALL records All that they had, I received 10 pages of records Plus 2 copies of my DD-214... only one Record was favorable.

Anybody Know?

 

...........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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  • HadIt.com Elder

Thanks Vync   for the NARA web site in St Louis   I have it saved 

Thanks Buddy

 

 

...........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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pwrslm

Did you get win your claim?

 if they cannot find the records  then they have to use reasonable doubt & duty to assist...if the veteran can provide information related as closely as to what happen and where  within a 60 day timeframe or reasonable information that accounts for his time in service  such as buddy statements /where abouts and dates .

.I did that in my claim  but mostly provided some records that was favorable to my claim & also showed the  record for  my extended time in Vietnam  I sent that record to them too, there were no morning reports or my time accounted for...I need the dates...and I remember a special date but I can't remember to save my sould exactly when it was  but I remember some of my buddys went to see the Bob Hope USO Show..I didn't get to go I had duty...I think it was around the end of Nov or first part of December/middle of December?..I mention I could not remember the dates   see records...they should be records of it.  but I did put down this was the best of my recollection.  but see records for this account.

I put down dates in between with in a year  but I just never kept up with the dates I was over there  until I became a short-timer  the last two months of my vietnam service.

I DON'T HAVE THOSE RECORDS.

 

.........Buck

Yes, I won my claim because of 2 things, the latter records held reference to events in the missing records...and 1 buddy statement (wife of 35 years who was also active duty at the time) and my statement.

 

Do you have any records from your service days, like, medals and such with the explanations why you got them, evaluation reports from the 201 file etc....? (from what I understand...you cant get your 201 file from St Louis also)

You must show consistency in the events, the statements are deemed to be valid without any contradictory evidence.

Edited by pwrslm
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I am still surprised that the VA get's away with withholding evidence from a claimant, especially when that said evidence is favorable evidence that would change the tides of any negative evidence.  

I got extremely lucky one time with my C-File, however, I have noticed a pattern of delays and traps that seem to instituted by the VA yet are still allowed to happen.

All records means all records.  There is and should not be any confusion on this on the part of the VA.  What part of ALL is mistakable for anything less.

I so wish there was an accountability standard which is un-disputeable and would have severe consequences for not full filling the legal request.

Mr. A

:ph34r: " FIGHT TILL YOUR LAST BREATH " :ph34r:

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  • HadIt.com Elder

No  this is why I need my records....I can't relie on buddy statements  they were not with me during the times I had my stressor's

I need date  the events happen and I can't remember when?  I just never kept up with the dates while I was in Vietnam..I had perimenter  guard duty Christmas Eve  with a highly soup up druggie  I remember that  because it was Christmas  but no stressor that night.

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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No  this is why I need my records....I can't relie on buddy statements  they were not with me during the times I had my stressor's

I need date  the events happen and I can't remember when?  I just never kept up with the dates while I was in Vietnam..I had perimenter  guard duty Christmas Eve  with a highly soup up druggie  I remember that  because it was Christmas  but no stressor that night.

I understand. Buck all that info is declassified yes?  Did they have any logs/ rosters/ or anything written.  that could possibly help you? Maybe periodicals or something to that effect?  I don't know just trying to spark something.  

I hope you find something to help.

Mr. A

:ph34r: " FIGHT TILL YOUR LAST BREATH " :ph34r:

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No  this is why I need my records....I can't relie on buddy statements  they were not with me during the times I had my stressor's

I need date  the events happen and I can't remember when?  I just never kept up with the dates while I was in Vietnam..I had perimenter  guard duty Christmas Eve  with a highly soup up druggie  I remember that  because it was Christmas  but no stressor that night.

   Did you try researching 'bob hope/uso shows/dates/vietnam' into your search record Buck...? I just entered it and a bunch of shows popped up, maybe reviewing what you missed out on at that event can bring up some important data needed, and spark up the brains spark plugs...!

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