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AirForceVet81

appeal....dro hearing request

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hello all......thank you all for your service to this country and also thank you for the help and advice that you all give to veterans with less knowledge. i have a question about appeals . a large part of my claim. which was recently denied depended heavily on marker evidence, i e evaluations, letters of counselling, reprimand ect  and i believe a large part of that evidence i believe is in my active duty personnel records. i assumed that v a had these records but when i requested my c-file those records nor my active duty medical records were included. i made several .attempts to the nprc for those records but they havent been able to locate them. so i guess i have a two part question, with the first being, does anyone know any other way that i may be able to retrieve those records? is it common for v a to decide cases without such important evidence as active duty records? duty to assist? thank you for any help

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A little more info, please. How about posting a redacted copy of the actual VA Denial Letter?

What does your POA VSR have to say? Have you filed a DOD & VA FOIA requesting "ALL" your C-File and Military Active Duty Records?

How about a redacted copy of the PTSD C & P DBQ?

Be sure that a DRO Hearing was requested, not just a DRO Review. Give consideration to filing an Official Request for a "DRO Informal Evidence Conference." Research the "Evidence Conference," in the VA M21 DRO Section.

Semper Fi

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I agree with Gastone

So they denied you on lack of or no evidence of record?

not sure what your claim is about but in a case where the veteran can't get or find his military records that would be pertinent favorable to his claim

You may need to get a IMO using a qualified Dr stating that it is likely as not this veteran condition is cause by his military service Using VA Procedures/ Guidelines.

 You can also use buddy statements to testify on your behalf as to what happen how it happen,location, if you an get within a 10 day period using morning reports or statement from your  C.O. or others from your unit that knew you and describe what happen.

  a Good detail lay statement from you and your spouse will be considered.

you can let them know you have tried hard to get your medical & service records from NRPC & other places as well (name them) but they say they can't find them and evidence in them will prove your claim and you ask that they consider your lay statements  because you can't get your military records to prove your case  ect,,,ect,,,ask for the benefit of doubt rule.

If you can put together a goood detailed lay statement and get buddy letters  that will help your claim...now rather or not they believe you is anyone's guess.

Edited by Buck52

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