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Veterans Administrative Records Stored Where?


Josephine

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  • HadIt.com Elder

Hi,

Does anyone know when you have filed a previous claim, are your administrative records and medical records still at the Archives, or all copies with your claims file.

I know that when I filed in 1978 the Va did not secure these records.

I have requested my administrative records from the archives and received a complete set each time. This would be in May of this year and July.

Does the Archives keep a copy of your Administrative Records, no matter how many times you have filed for service connected benefits and does the R. O have a copy also.

Thanks,

Josephine

Edited by Josephine (see edit history)
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Hi,

Does anyone know when you have filed a previous claim, are your administrative records and medical records still at the Archives, or all copies with your claims file.

I know that when I filed in 1978 the Va did not secure these records.

I have requested my administrative records from the archives and received a complete set each time. This would be in May of this year and July.

Does the Archives keep a copy of your Administrative Records, no matter how many times you have filed for service connected benefits and does the R. O have a copy also.

Thanks,

Josephine

Josephine,

When I reopened my claim at Oakland VARO, they had to retrieve the file(s) from a dead storage site in a nearby town. The claim had been "final" for 10 years. Getting the old c files to the RO took about a month.

The RO had kept nothing from my decided claim - it was all sent to storage.

Ralph

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  • HadIt.com Elder
When I reopened my claim at Oakland VARO, they had to retrieve the file(s) from a dead storage site in a nearby town. The claim had been "final" for 10 years. Getting the old c files to the RO took about a month.

The RO had kept nothing from my decided claim - it was all sent to storage.

Ralph,

Are you saying that my medical records and my administrative records were never returned to the St. Louis Archives after my filing of 1978.

I know that when I wrote to the Archives in 2004, that is when the New and Material Evidence of all of Psychiatric Consulations, and the letter from my Commanding Officer were acquired by me and copies were turned in to the Va. The claim of 1978 has been re-opened by the BVA due to these records.

I have been able to receive two complete copies of my Administrative Records, this year, from the Archives.

Doesn't this mean, that the R. O never acquired my Administrative Records?

Sure hope this one makes sense?

Josephine

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  • HadIt.com Elder
Ralph,

Are you saying that my medical records and my administrative records were never returned to the St. Louis Archives after my filing of 1978.

I know that when I wrote to the Archives in 2004, that is when the New and Material Evidence of all of Psychiatric Consulations, and the letter from my Commanding Officer were acquired by me and copies were turned in to the Va. The claim of 1978 has been re-opened by the BVA due to these records.

I have been able to receive two complete copies of my Administrative Records, this year, from the Archives.

Doesn't this mean, that the R. O never acquired my Administrative Records?

Sure hope this one makes sense?

Josephine

Generally, all of your service records, with your name on them, which are owned by your branch of service but stored in the custody of the Nationl Archives are transferred to the VA when you file a claim. Hospital records are stored separately at the archives. Once a VA claim is filed they remain in your c-file. I received this info from the Asst. director of the military section of the National Archives at a VVA national meeting seminar in St Louis about 2 years ago.

pr

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  • HadIt.com Elder
Generally, all of your service records, with your name on them, which are owned by your branch of service but stored in the custody of the Nationl Archives are transferred to the VA when you file a claim. Hospital records are stored separately at the archives. Once a VA claim is filed they remain in your c-file. I received this info from the Asst. director of the military section of the National Archives at a VVA national meeting seminar in St Louis about 2 years ago.

Thanks to you guys,

My claim is beginning to make more sense each day. When I filed in 1978, the R.O did not secure my administrative records. or my psychiatric records.

The same R. O did the same trick when I re-filed in 2002.

I secured the psychiatric records in 2004 and they are New and Material evidence, which has opened my claim of 1978.

Now the AMC is wanting a copy of my Administrative Records. I knew that they were shocked when I sent them two copies, to which the archives sent to me with their official governament seal and a cover letter.

I have been telling the Va. for 42 years that I had requested a transfer from the duty station that was abusive and that the transfer did come in, but not before my early discharge.

The Archives sent me this paper in May of 2006 and again, when I requested my administrative records in July of 2006.

The lady psychiatrist made a slur in the C&P examination, The veteran denied any Article 15's.

Yes, I did, because I didn't have any.

The Supervisor of the AMC made mention of the Transfer Paper and that they were looking for Article 15's.

Thanks so much,

Always,

Josephine

Edited by Josephine (see edit history)
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If they make an award of service connection-

there might be a CUE in the older claim-if it had been denied in a final decision due to the same disability that they finally service connect.

However Bell V Derwinski would play into that type of CUE heavily-

the medical evidence awarding any potential service connection at this point-would all have to have been in VA's "constructive" possession in 1978 at time of alleged CUE occurring.(Bell)

I am thinking the 1978 denial was possibly based on "not well grounded "claim-

dont know-

CUE is not an issue at all here until the VA makes any award of service connection.

Some of the evidence Josephine has seems to be dated after Bell-

that also would be a problem in proving CUE.

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Well now I have a question after reading this post. When I was medically seperated from the Air Force I was placed on the temporary retired disability list. During my Out Processing I was going through a check list with the personel toads and they asked me about any medical conditions other than my disability. I advised them of my shoulder injury from tech school and we noted that on the checklist. he told me my seperation date could not be pushed out for me to get a physical that I had to get out on the date specified on my Orders no if ands or buts. So I got out and had ID card listed as medically retired. I went to the VA and signed up told them about my shoulder injury which was not what I was seperated for and was denied a service connection rating. They said there was no record of me having a shoulder injury. Well now I am ordering my Admin records from the Archives because I believe that checklist may be in there. So my question is. Does the VA have to get my Service records or just my Service Medical records. and are they Liable for not reviewing all my records for supporting my claim. Is this an example of them not doing everything they can to help the Vet per U.S.C. regulations? I seperated in 1993 was removed from Temporary retirement in 1995 and have been rated at 30 percent for my headaches ever since.

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Romad the VA is supposed to get all service records but I have had many cases where they failed to-

It is best to get them yourself from National Archives-

I think I gave you a link? if not let me know-

It is best to request all military medical records and even all perosnnel records in some cases as a change in duty or personnel entry could support a claim in some ways too-

sounds like the shoulder injury should be right on the discharge med certificate you got-

These days- things are different -they advise all new vets to leave the base with a complete copy of their SMRs.My daughter USAF 7 years went to a briefing that they are all supposed to attend- she attended the Navy one for some reason-

There was an AL guy and a VA guy there- telling them all about the importance of their SMRs and how to file a claim-especially within the first year after service-

She said it was excellent but said- of course the VA guy didnt tell anyone how the VA Really is-

"and are they Liable for not reviewing all my records for supporting my claim. Is this an example of them not doing everything they can to help the Vet per U.S.C. regulations? "

It is a violation of VA regs but the vet themselves have to make sure that the proper records are before them when they make a decision.

A vet denied due to he VA not accessing or addressing their records -should raise this issue in their NOD- and then attach copies of highlighted SMRs or other records they didnt use.

Romad- the VA has some wonderful people at all levels but a lot of incompetent ones too-

I am a civilian but I guess this might even be the case for the military too.

You have to tell the RO's stuff in NODs, like they are ten years old.

And attach anything that supports what you disagree with.

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