missing and or lost medical records

[DLLBoatwright]

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.

[broncovet]

Keep this in mind, and tatoo it on your arm if necessary:

Quote

You can not trust what every VA employee or VSO tells you.  

I recall a case where the VA claimed the Veterans records were burned up in the St. Louis fire.  

However, someone checked and this Veteran got out of the service in 1982, and the St. Louis fire was in 1972, so it was not possible that all that Veterans records burned up in the fire.  

Persistence is what it takes to win at the VA.  CC always used to say, "NEVER GIVE UP".  

I did a CAVC case law search using the terms, "lost service records" and got over 7000 hits, just at the cAVC.  http://search.uscourts.cavc.gov/search/

Remember, your "service records" are only 1 leg of the Caluza triangle:

1.  Current diagnosis

2.  "In service event" or aggravation.  This applies to lost records..

3.  Nexus or docs opinion that your (condition) is at least as likely as not due to an in service event.  

This may be a good time for you to consider a Veterans lawyer.  Either go to NOVA

https://vetadvocates.org/welcome/find-an-attorney/ 

or ask here for help choosing an attorney.  I can make a recommendation if you like.

 

[DLLBoatwright]

Hello Broncovet, thanks for your information and yes I know first hand what kind of trust issues some of the VA employees and/or VSO has. I was told that my records may have been destroyed in the fire as well, but I checked that statement on the spot with the

representative on the phone because I graduated High School in 1975 and had not joined the military until 1979 so you see where that was going?  There is a story dated Jan 30, 2014 about Records workers dumped, destroyed or lost 1,800 veterans documents By Robert Patrick documents found in 2012, discarded in the woods near the center off I-270 in the Spanish Lake area. I will never give up. Yall feel free to hit me up anytime, again thanks for everything.

[Buck52]

broncovet has some good information  here

I was thinking too about the VA Duty to Assist the Veteran in finding his/her records.

The Secretary must make reasonable effort to assist claimant in obtaining evidence necessary to substantiate the claimants claim for benefits under a law administered by the secretary."  38 U.S.C. 5103 A.  The standard by which the VA must apply this is slightly different depending on whether the records sought are federal records or not.

For federal records the VA must make continued reasonable effort to try and obtain those records.  The VA can stop pursuing the records only after they are reasonably sure the records the records don't exist or that a continue effort to get the records would be futile.  38 U.S.C. 5103 A (b)(3).  Even if VA for the above reason stops attempting to get records they have an obligation to notify the claimant and inform the claimant of possible alternatives to those records.

For other than federal records such as private doctor records the VA must make reasonable efforts to get them.  The Veterans Administration must send a request for the records and if they don't get them after 2 months they must make another request.  They are then supposed to continue to request the records if they have "reason to believe" the records could be acquired.  It is particularly important that you help or get the records yourself when dealing with non-federal records becasue it is not uncommon for doctors or other medical institutions to ignore these request or react extremely slow to them.

For the Veterans Administration to fulfill its obligation there must be record of their attempts to get the records in the file.  If there is no record of their attempts then it is grounds for a remand.

 After all has been has been exhausted and still no records , if you have your DD 214  Then actually the Buddy statements are all that you have to help you and then they should go by a merrit and reason bases. with your lay statements.

some units were dissolved  and/or no longer in existence closed down from foreign or domestic service...how ever records are sent to be placed in storage and kept forever...I doubt your records were in the St Louis fire the part of the building that was on fire and destroyed boo-coos of veterans records were  from the older War War II Veterans

The only fall back with the DD 214 is they don't always list all the duty stations you served at on the DD 214.... usually the last.

I can't find any medical records or in service records from my Germany service  I was in Germany 11 months...before going to VietNam   but yet My VietNam Records are on my DD 214.& my seperation station.

If you have nothing in your C-FILE then I'd start trying to connect with some of the personal I served with  in my unit and ask them about the time you were injured or what ever the case/event may be? that knows an event happen on a certain date  these dates need to be close as possibly at the time of the event /location or what ever happen that your claiming (within 10 days)...and ask them to write you a buddy statements that they them self witness happen  and that they were in the same unit and location and at the same time you served.  ect,,ect,,,

They can  adjuicate by merrit...believe it or not.