Records Purged-not sure what to do 1999 PTSD

[mandyp]

Hello, I am curious how I should proceed and I will give a little background to my claim....

 

I was given a Chapter 12 in 1999 for what they called "failure to adapt". Before this I had broken my hip in training and was on crutches for several months ( almost 1yr) I had became very depressed that resulted in me overdossing on my meds and falling down 3 flights of Barracks stairs. I was then rushed to a nearby hospital by ambulance where I was medicated and treated for the depression. 1 week later I return to post from the hospital and they finalized out-processing and in 2weeks I was out of the Army and still on crutches. At the time I did not realize it was a civilian hospital and that I needed to get the medical records myself (I was barely 19yrs old just a dumb kid) flash forward 20 years and I am just now finding out the VA didn't use any of this information because what they told me at the time I filed in 2000 was they "lost all my medical records" so I believed that meant ALL records. So now I try to obtain these myself and the hospital states they PURGED all medical records and now I have no way to prove I was there or my claim. I thought for sure if I could get the civilian records it would show proof but now I am being told those records no longer exist, does this mean I have no more claim to fight for? I also noticed the VA didn't request my records from the correct duty station when they processed my original claim they requested records from Ft Hood Tx but the incident occurred in Ft Lee Virginia and it is noted in my original claim that I had records in Ft Lee. As proof by the "medical information release statement" I signed giving them permission to get these records back in 1999. And the only reason I noticed this was because in my original C&P exam the Dr mentioned they had my records from Ft. Hood but nothing about Ft Lee. I went ahead and requested a copy of my records from the archives and am waiting for those now. Hopefully there will be some type of record from Ft Lee in there. I also have scheduled an appointment to see my c-file as well so I can verify if they used my records from Ft Lee or not and then I can go from there. I am just at a loss on what I should do because they screwed me when they Chaptered me out rather than for medical because of my hip which was the ORIGINAL discharge they were gonna do but they kept telling me when I got to Texas to go to Ft Hood and they would take care of me except when I did get to Ft Hood  they told me I had to go to the VA and that is how I got to where I am. I started with 10% for hip 20 years and now I am at 50% (combined rating) The only reason I was able to get service connection for my hip is because I had copies of Dr excuses, profiles, and xray notes where he requested a bone scan that of coarse was never done due to me being discharged. But VA has denied PTSD, and in their words "any mental health disability" so they refuse to acknowledge anything for mental health. I am at a loss because the records from the civilian hospital were my proof and it has been PURGED....i am looking for ANY advise....thanks in advance

[broncovet]

I cringe whenever I hear the words, "I was told" or, in your case 

Quote

what they told me 

I wish I had a dollar evertime someone was "told" something inaccrate, wrong, a lie, or incomplete.  

Here is what you need for SC of PTSD:

1.  Current diagnosis of PTSD by a VA doc.  No PTSD diagnosis, no compensation.  

2.  Stressor, or "in service event" which led to your PTSD.  I dont know if you are a combat Vet or not, but if you are, the standards to document this in combat are easier than non combat.   A stressor is usually some type of traumatic event.  A few examples are if you got raped, maybe you watched someone get shot, or some other traumatic event such as if you buried many of your friends.  You need documentation of this.   Buddy letters can suffice.  One or more of your buddys can attest that you saw (a traumatic event) happen.  

3.  Nexus, or doctors statement that your PTSD is "at least as likely as not" due to xx event in service.  

Now, if you get all 3 of the above documented, you dont necessarily need all your in service records, but they do help.  

 

These are called the Caluza elemnents, caluza triangle and a few other things.  If you get them you should win SC, if you lack one or more, you probably wont get sc until you provide that documentation.  Keep trying to get your doc records, but, the main thing you need from your service record is documentation of your stressor.

You can get the diagnosis and nexus from a doctor now, but your can not get a "stressor" from your doctor, as he did not serve with you.  

 

[broncovet]

I almost forgot.  I dont know what discharge you got, but you "may" need to upgrade your discharge in order to get benefits.  What does your dd 214 say?  

[mandyp]

Thank you for your response. I did look at my DD214 and it says AR 635-200 Chapter 11, Entry Level Performance and Conduct. And the only "in service" treatment records they have are my entry level exam and the ones I sent which were only Dr notes and sick halls slips. I didnt have an exit exam or anything such as that I was on crutches. So according to the VA these are the ONLY records they have if that is true then everything I have claimed is in what I gave them.

Edited November 19, 2019 by mandyp

[Valhalla0321]

When i left in 99/2000 era they gave me my medical records so that being said i know how purging or non recording can happen back then. I'm not sure what your discharge was however Broncovet is right you will need an upgrade on that dd214. And yes, you need all 3 of what's mentioned and perhaps more. I myself waited almost 20 years to talk about my ptsd and when my Doctor created a nexus or diagnosed me i thought i could just file for ptsd based on that and other copious amounts of notes exams and records however the VA is strict, i still don't have enough proof yet.

Edited December 3, 2019 by Valhalla0321

[broncovet]

Also, see this: https://cck-law.com/blog/what-should-i-do-if-my-military-service-records-were-destroyed/

While I have been criticized for "citing a law firm cite", CCK law has been around a VERY VERY long time and have won many many Veterans millions of dollars combined.  

I have found several of the law firm sites to be very credible to include CCK.  

While, yes, these law firms obvioulsy recommend we consult with a lawyer, many also provide us with very credible advice on how to proceed on our own.  Remember, law firms do NOT accept every Veteran client.    My guess is CCK law turns down more Vets than they accept as clients.  

I do not accept the premise that, "just because" law firms can and do profit from retaining us as clients, does not mean we can not also profit from that.  When we go to a car dealer, we pretty much know the car dealer will profit if he sells us a car, but that does not mean that we WONT buy a car from him, but it does not mean we WILL buy a car from him either.  

With each purchase we make, we weigh (to some degree) the benefits of buying or not buying, as we do with law firms.  

Mostly, hiring a law firm to represent us is NO risk.  If the attorney fails to get us an award, we dont owe him anything.  Of course, there is a risk we COULD have gotten the benefits on our own without paying an attorney.  And, that is possible.  However, if I could have gotten benefits on my own accord, well I would have done so back in 2002 and I have had at least 5 bva decisions, 4 trips to the CAVC, and probably about 12 VARO decisions and have not gotten them (all) yet.  All in all that is 21 tries.  So, if I get denied at the BVA, Im hiring a lawyer as soon as I get the denial letter.  

EAJA will pay my attorney fees at the CAVC level so I have nothing to lose.  

[broncovet]

If you have discharge issues, then there are attorneys who specialize in them.  Here is one:

https://www.armycourtmartialdefense.com/2009/09/chapter-11-entry-level-separation.html

Im unfamilir with this attorney, but again, it sounds like little or no risk to you.