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

[Buck52]

Anyone know what is in your 201 file?

does St Louis have those?  or should I request  all the records they have on me?

I just don't think they sent me all my records.

Any information on this is greatly appreciate,

.Thanks

 

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

 

[Andyman73]

Andyman

I sent the request to the National Archives in St Louis & requested ALL records (everything they had)

if you don't request the records on the internet  then there's no way of checking on them  only by phone call or snail mail.

I did both.

Do you happen to have a number or address?

Thanks Buddy

ArNG11  Yes I have the greencard where they signed for it...I'll do that to   Thanks.

 

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

Buck,

I don't have any contact info, but I don't imagine it would be too hard to get.  Maybe a google search of pres of U.S. should come up with an official site with a contact me link on it.

Andyman

[Vync]

Anyone know what is in your 201 file?

does St Louis have those?  or should I request  all the records they have on me?

I just don't think they sent me all my records.

Any information on this is greatly appreciate,

.Thanks

 

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

 

Hey Buck,
St.Louis is where your military personnel records are likely stored, including the 201 file. When I requested mine, I asked for everything.

Request them at this link:

https://www.archives.gov/veterans/military-service-records

 

Some of us can pull the personnel records via the Blue Button feature on my healthe vet web site. However, because you were in Vietnam, your records are older and probably have not been scanned in, so they might not be there. It's worth a shot though.

 

[broncovet]

Buck, 

     AFTER I did my BVA appeal and filed with the CAVC, through an NVLSP attorney, ONLY then did I get a copy of the "RBA" (Record Before Agency).  The RBA contained much info there and no where else.  You are showing exactly the problem:  They dont want Vets to have their records until its too late.  (When you file at the CAVC, its based upon the record the Board has, and you cant add evidence at this level of appeals.   The CAVC is not a "trier of Fact"..that is the Board's job.  The CAVC tries to see that the Board properly applied the laws, given the evidence at hand.  However, when you get a "remand" you can submit new evidence.)  

     It sounds like you have a case for 3.156, "new and material evidence".  There are "2"  3.156's.  One is "new evidence" the other is "new service records".

The "new service records" is a much better deal for Vets.  

     Remember, tho, if you submit "new" evidence the VA owes you a decision on whether or not the evidence you submitted was sufficient to reopen the claim.

The VA can issue a decision like, "no, you did not submit sufficient evidence to reopen the claim".  For example they can say the evidence you submitted was either redundandt (they already had it), or that it was "immaterial".  Immaterial means, "yes, its new evidence but does not change the outcome."

If they dont adjuticiate your "new evidence" claim, it remains pending until they do.  A claim that is "pending" means if you submit evidence, it applies to when you first applied in reference to the effective date.    

[Buck52]

Okay,

So Do I wait and see what the decide to do on my claim? I never been to a C&P for PTSD claim yet  their ''Gathering Evidence'' at this time and been that way for a months or 2

I have not received anything on my C-fiile  which was requested in July 2015  I didn't submit mt intent to file PTSD Claim until Oct 16th and the claims intake center received it Oct 19th and said that would be my EED,  Then the DAV SO submitted my PTSD Claim on Oct 15th.   and on e-benefits it says I don't need to submit anything at this time   my claim status is ''Gathering Evidence''

''Note  I filed the Intent to file claim on Oct 1st  not Oct 16th,/DAV filed the 526 ez on Oct 15th''

 

I called NRPC St Louis today 12/30/15 and ask them about my records  that I had sent them in a 180 form she looked and seen what records were sent to me...I said well a lot was not sent to me or missing? and I need them for my claim...I need every records you guys have on me,  she said I need to request another 180 form and ask for miscellaneous  records and what records I need...like in service records &  so I filed another 180... I just went to the Post Office today and certified it.

....hopefully I'll ear something back before I get denied  or before they decide my claim, these records are important to my stressor's and my Duty MOS. but I sent them prof of those too...its rather or not they read all this stuff?

but I sent in a  copy of my disposition form  that might help?

some of the records they sent me will help  but only in the Raters or who ever is suppose to read them.

''READ THEM'' eh!

Guess I'll know before to long.

 

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

Edited January 10, 2016 by Buck52

[Vync]

It stinks when we request "all records" and St.Louis and/or the VA misinterpret it as "some records". Even a third grader knows the difference between all vs. some.