C&P exam from 1998

[Reddit]

Hello,

I was going through some old claims and I cam across this statement on a denial.

 

The cited VA examination was review. Diagnoses of migraine headaches, status post concussion, right sciatica, anemia and allergic rhinitis were noted.  However, without service medical records there is no evidence which can link these conditions to the veteran's military service.

My question today is should these be service connected.  let me give you a little background.

                    1. service member filed less than 30 days after active duty, and C&P was done less than 5 months after active duty.

                    2.active duty service medical records are lost. cant be located no where.

 

 

[jlrith]

My opinion is no based on the following:

- None of these disabilities are presumptive.

- It has been 30 years.  Without new evidence this claim is clearly settled.  

If you could get any kind of medical records or buddy statements, that could prove service connection.

What does the C&P exam say?  The doctor should have given an opinion as to service connection.   If it states service connection you might have a chance at a CUE.  

Have you tried contacting the national archives?  Prior to 1992 medical records were included in the personnel file sent to the National Archives when the service member left the service.  

[broncovet]

Well, you have some problems to solve.  As jlrith posted, I suggest you "try again" to get your service records.  

However, its "not a requirement" for you to get Service connection, to have your complete service records "in hand".  Here is what IS required:

1.  Current diagnosis.  

2.  In service event or stressor.  Yes this could be documented in your service records, however that is not the ONLY way.  What about your hospital records while in service?? Can you contact that hospital to document your conditions?  

3.  Nexus, or link between  one and 2.  That is, a doctor needs to state something close to "The Veterans x condition is at least as likely as not due to xx trauma event in military service.  

    Personally, this VA decision sounds like VA has admitted, in writing, you had:

Quote

Diagnoses of migraine headaches, status post concussion, right sciatica, anemia and allergic rhinitis were noted. 

Remember, the VA can dispute anything you say, and you have to prove it.  But, the VA presumes everything they ever said is fact.  So, that decision would appear to document your in service issues, absent your SMR's.  Still, its better to try to find them, using all means.  

     You may need help from a lawyer to win this thing.  

[Reddit]

I have tried ever means necessary to located my service treatment records, VA said they were never turned over to them and they are no where to be found.  VA said" there is no reason to continue to look for them because they have look everywhere.

[Reddit]

one last thing, I am now service connect for every thing except:

• post concussion
• asthma
• right sciatica

 

[Vync]

@Reddit

When I got out in 1995, the Army gave me my medical records. They said it was up to me to make sure the VA got them, but they stressed to provide a copy and never the originals because the VA had a bad habit of losing things. Is there a chance that the Navy have given you your medical records and they could be boxed up somewhere?

Another place to look is your VA claims file (C-file). Even though the VA said they were not able to find them, there is always the chance of human error. In my case, I requested a copy of my C-file and found evidence present that the VA said was not there. If it was just a stray document or two, the likelihood could be greater of this happening, especially if you have a larger C-file. However, there could be a small chance that your medical records could be in there, but someone didn't feel like going through it. This can happen.

Did you happen to request a copy of your regular personnel records, as jlrith asked? When you enter the service they perform a medical exam to see if you are fit to join. When you exit the service, they usually offer an optional medical exam, also known as an exit exam. If you can find the exit exam, it might include evidence which could help your claims. They typically includes a breakdown of any significant medical occurrences while you were in the service. If it includes details of post concussion, asthma, or right sciatica, that might help a doc to be able to opine at the 50/50 or "as least as likely as not" level.

I hope this helps.

[jlrith]

Whoops!

I apologize; I read the title as "1988"

Navy medical records were only sent to the National Archives until 1994.  

Vync is correct about the exit exam;  that should be part of your medical record.  

If you were hospitalized for anything, contact the hospital directly; they may still have a record, even if it's a military hospital.  

I suggest you try the VA records office directly.  At least this way you know for sure the people who are supposed to have it, don't have it.  

Department of Veterans Affairs
Records Management Center (VARMC)
P.O. Box 5020
St. Louis, MO 63115-5020

Telephone: 1-888-533-4558