VA gathering Evidence

[Buck52]

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

[rwskitch]

......Buck, I meant your 'search engine, not record, beligh my last...!

[pwrslm]

I am currently working on a MST claim for my wife.  We submitted requests to St Louis 2x now, and both times almost all of the record is missing.  It seems to be a consistent problem.

[pwrslm]

Have you requested copies of your 201 file Buck?

[rwskitch]

Try this link, Buck......maybe something will 'rattle' the ole' noggin...!'

http://www.historynet.com/bob-hopes-vietnam-christmas-tours.htm

[Buck52]

Thanks rwskitch

I believe it was around Christmas time  and I mention that in my claim but could not remember the exact dates  Bob Hope had a lot of USO Shows over there around Christmas Time from Saigon to on up North different Base's he would do a show each evening for the month of December

I think I got the dates pretty close with in the 60 days  if they come back and say thats not close enough...that would be Bullshi**

I order my records yesterday from St Louis &   I called them but the lady said ''I need to file a new 180, and to mention what all records I need,'' So I said on the 180 form I want/need all the records you have on me, please send  me ALL copies. of my Military records that you have in your position & if you need to Bill me postage please let me know  that's no problem. 

sometimes I think about adding this to my top sheet/table of contents  AND # 9 IN YOUR FACE''

''Thank You''

Edited January 1, 2016 by Buck52

[Buck52]

So what do you do if you still can't find the missing evidence after numerous attempts.

 

If the VA or military has lost your records then oftentimes you can still win your VA compensation case if you can find substitutes or other evidence that the event or treatment occurred. One way you can do this is by the use of a buddy letter or several buddy letters. If you served with people who knew about the situation or treatment you can seek them out and ask them for a letter explaining their knowledge of the situation. You can also often times use the evidence that is in your file to show that an event occurred or perhaps medical treatment was performed. Sometimes you may have to dig even deeper and show evidence such as e-mails or letters sent home, pictures, or even news articles or information found on the Internet. What evidence you need will depend on your particular case and the evidence that is missing.  You sometimes have to get creative. One situation that occurs frequently is in the situation where abuse or sexual trauma is not reported or in your records. In this example, a drop in performance, difference in behavior, request for transfer, or even drug and alcohol use that did not occur before the incident can be used as evidence the traumatic event occurred. It is not possible to write on this web-page allthe possibilities, but my hope is that you will not accept the fact that you can't win your case because certain evidence is lost or unable to be found by the VA.  There is a "heightened duty" when the records held by a federal institution are missing or destroyed. Washington v. Nich Olsen 19 Vet. App. 362, (2005).

 

Anybody know how I can find  Washington vs. Nich Olsen 19 vet.App.362 (2005)  ???

Thanks

 

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