Awarded SC tinnitus without active duty medical records, now what?

[allansc2005]

Got a veteran who was just awarded SC tinnitus-10%, but he never mentioned at his C&P that he suffered with vertigo while on active duty also.

Vet was awarded SC even though none of his active duty medical records were ever found.

 

 

 

 

So given the above, how does the veteran now claim SC for vertigo? Does he do a NOD, new claim...?

 

 

[brokensoldier244th]

Did he claim vertigo on the initial claim? If not it wouldnt be a NOD it would be a new claim. If it s not previously mentioned and there are no service records he'd have to go off new treatment records showing vertigo. That would still be a new claim, though, unless he originally claimed vertigo. 

Edited October 24, 2017 by brokensoldier244th

[allansc2005]

Broken, no he didn't claim vertigo on the original claim.

Although it's well known that vertigo is a subjective diagnosis, without any active duty medical records, how will the VA determine the validity of the veteran's claim?

Yes, a C&P is probably down the line, but the veteran can only tell(not prove) that he had vertigo on active duty.

Comments anyone?

Allan

2-2-0 HUAH!

[broncovet]

Ok, so are you sure "none of his records were ever found"?  

It wont be the first time VA has "found" your records when they could not find them earlier.  They have a regulation for just that issue:  38 CFR 3.156 (C) newly discovered service records.  

Im not calling YOU a liar, but you need to tatoo this on your arm to remember it, if need be:

Quote

YOU CAN NOT TRUST EVERYTHING A VA EMPLOYEE OR VSO TELLS YOU.  

If unsure, see the quote above.  

[allansc2005]

bronco, first let me say that we have the veteran's C-File, along with the right, middle and left sleeves, and we also have checked with ALL the VA hospitals, army clinics, army hospitals...associated with the veteran from his short active duty time of 3 years.

The ONLY piece of active duty medical record we have from the C-File is an Entrance and Exit medical questionnaire, one report of sinus problems, one report of high blood pressure, and that's it.

Secondly bronco, I do know better than to take some VA employee's or VSO's word as written in stone-been there, done that..learned from you

 

So, having said that, and knowing there are no other active duty medical records available, how do we attack the vertigo issue?

Allan

2-2-0 HUAH!

[bleggett29]

Allan,

In the discharge exam, is there any notation of the vertigo or any of it's symptoms? You may be able to use that.

 

From my discharge exam, I was able to be SC for Tinnitus, Hearing Loss, DDD Lower back,  Radiculopathy Left Leg, IBS, and Panic Disorder w/Agoraphobia. Although I had no treatment at all while in service, my discharge exam noted symptoms for those.

I may have been incredibly lucky. I don't know. But if your vet has symptoms of vertigo in their discharge exam, it may be the evidence you need.

 

[allansc2005]

bleggett29, no, the only active duty medical information is what I posted here.

It's quite obvious that there are a lot of medical records missing from his file, and it's my understanding that sometimes, this can be to the vet's advantage.

I know there are some provisions for missing records, and veterans have won cases without them, but just don't know the details.

Allan

2-2-0 HUAH!