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missing and or lost medical records

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DLLBoatwright

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Hello Veterans, I am seeking help/answers to a million dollars question..what to do? I am trying to make it simple, but it just can't with this type of situation I did everything to locate my in service medical records since 2014 and to this 13th day of May 2018 still nothing, yes I contacted The Records Management Center in St. Louis, MO, The VA, The VA Hospitals, The Army Hospitals where I was stationed, even the 21st Evacuation in Korea, my local Congressional Office, The VA White House hotline, I am still empty handed...please chime on in, and thanks in advanced.

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I've heard some veterans say that when they hired an attorney, the attorney was able to pursue the case without the medical records or can sometimes find the records. I haven't had any personal experience with this so I am not sure if this would help, but it couldn't hurt.

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Thanks Tbird, I did that too the denied claim is in appeal status awaiting an date for video-conference with a Vet Law Judge .

I am not at all familiar with this type of thing and mean while I am waiting I am scared of how this may turn out, been seeing too many Veterans suffering with conditions and nothing being done, or something being done when the Veteran is at the end stage of their life.

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  • HadIt.com Elder

What were the excuses they all gave you as to not having the records in their possession? or could not locate them? since 2014  they should have found in part of your STR's at least.

Have you tried requesting your C-File?

if  you could get buddy statements from your fellow service members who served with you to testify on your behalf as to what it is your claiming or witness an event injury  or who  knew you and that it happen while you were in the military will help...the unit's you were in and the dates and locations. describe the event  ect,,,ect,,, this will help as evidence with the video-conference with a Vet Law Judge .

  these notarized statements will help establish Service Connection.   even if your denied compensation % once Service Connected  then you can later refile for the compensation  when you have enough medical evidence. when they find your records.

From now on if you have not yet?

Remember to keep everything the VA sends you, make extra copies and if you send the VA Anything via US Mail  Always Always get a certified return receipt and keep in safe place, make your Own personal VA Folder and keep everything the VA Sends you have extra copies of everything. 

Try calling President Trump Veterans Hotline.

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The hotline can be accessed at 855-948-2311 and is VA’s first non-clinical, non-emergency around-the-clock call center. It provides Veterans a supplemental option to report issues if they are not being addressed through VA’s normal customer service channels.

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I have it all Buck, I even have e-mails  stored from the point of contact person after contacting the White House VA hotline and yes I requested my C-File everything in it from some training etc, but nothing about my medical treatments received while I was stationed at my duty stations only (1) when I was hospitalized while in Korea, everything else is gone like I did not serve time in Ft. Gordon, Ft. Lee, Ft. Lewis, Or Camp Casey! But I will give the VA Hotline another call.

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I think the first thing you need to do is order a copy of your cfile, and see what records VA does have, if any.  

So, if I understand, you have appealed the VARO denial.  Has the VARO sent you a SOC, yet?  If not, has the VARO acknowledged your NOD?  

As Tbird mentioned, our representatives have access to more about us than we do.  

There are, of course, 2 types of records:  Paper and electronic.  The paper versions are rather easy to misplace, but the electronic records sometimes survives.  The ones our representatives have are usually electronic.  Have you asked your (VSO, or other representative) for help finding your records?

Now, for good news:  38 CFR 3.156 (c) addresses your issue.  It means when they do find your records, you should get retro pay all the way back to when you first applied:

Quote
§ 3.156 New and material evidence.

(a)General. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decisionmakers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim.

(Authority: 38 U.S.C. 501, 5103A(f), 5108)

(b)Pending claim. New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of § 20.1304(b)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period.

(Authority: 38 U.S.C. 501)

(c)Service department records.

(1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to:

(i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph (c) of this section are met;

(ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records; and

(iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim.

(2) Paragraph (c)(1) of this section does not apply to records that VA could not have obtained when it decided the claim because the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source.

(3) An award made based all or in part on the records identified by paragraph (c)(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim.

(4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accordingly, except as it may be affected by the filing date of the original claim.

(Authority: 38 U.S.C. 501(a))
 

 

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