Missing testing in SMR File...what now ????

[Wayne TX]

I am seeking an answer if there is a strong enough VA Regulation/Law to overcome missing health records in my SMR..  In my SMR, there's no evidence of 3 different dated allergy testing results......notes prove I was seen for allergy testing and also dated but no actual allergy testing results are in my file, and the notes made were a bare minimum of information.  I need these test results to prove up a denied claim now as I've been on the countdown clock since January 2016 to file a NOD within one year. I sent in a claim request to find these missing records and I read on EBenefits today the following:   Freedom of Information Act / Privacy Act Request  Earliest:  December 2017 through most of 2018.  My NOD deadline expires January 2017. That's my pickle.  Also, there's no guarantee it was ever put into my SMR as it should be. I never got my SMR until 2009.  My question: What are your options when VA has failed as Keeper of the File therefore enabling Veteran with no pertinent medical records existing to help prove up a claim effectively?  Is there a strong enough VA Regulation to help a Vet overcome missing lab testing reports that never found their way to SMR?  I feel doomed to being denied again and appeals lasting for years. This claim is so winable to prove with the evidence needed, but how do you prove when missing medical evidence does not exist?   I'm sure this has happened to others faced with the same pickle.  Any suggestions or VA Regs to use well appreciated.     

[Berta]

Did the Mil prescribe  meds for the allergies?

If so are those records in your STRs?

 

 

[Wayne TX]

I am already SC for allergies  30%.....it is the missing allergy testing results that I need to prove up another secondary condition.

 

[Berta]

what is the secondary condition?

[Wayne TX]

I have two SC secondaries........allergic rhinitis with polyps and Pansinusutis.......was.tested positive for wool allergy at Ft. Sam Houston while on active duty.  I was cut orders that I did not have to wear any woolen GI issue due to wool allergy......it caused hives breakouts when I came in contact anymore on my body..........I still have a major hives issues to this day.......had over 100+ photo-therapy treatments at VAMC to date to help diminish hives and itching.  I presented as evidence the orders cut saying I did not have to wear any woolen clothing or blankets anymore, but there is no allergy testing in my file for that date showing that I was even tested for anything ....much less wool.   VAMC has come up with 35 allergies I have to date, but they do not test for wool so no luck there either. Hope, I explained it well enough and thanks for assisting me here.  I am trying to get a claim for Chronic Uriticaria without the benefit of any allergy testing records in my medical files.  They denied basically saying we found no evidence of uritcaria to be SC....they ignored the evidence I provided that orders were cut and  that I did not have to wear wool clothing anymore.  I am at a loss what to do since they seem fixed on seeing actual allergy testing in my file, which is missing ????????.