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

[Buck52]

There should be more medical records in your C-File  (hopefully) but look at the records you do have very closely  examine them with a double magnifying glass , they maybe some notes in those that can connect what your claiming   your C-file may or may not have what you need...but look at the records you do have very closely.

Also call the hospital you were at and request those records  if they say they don't have them  then ask what did they do with them  if they tell you the records manager sent them off to be in storage  ask where that is?  you may need to ask the records manager that question.

if the records mananger says she don't know? then ask her well you were the one that was in charge of my records  to send them off to be stored  so what address it that.?

[GBArmy]

Buck is right on. Don't let them brush you off with "we don't have them anymore." Keep on digging. They have a legal responsibility, let alone moral, to keep those records. Many states statutes say 10 years; I believe longer in many instances. I just got some that was over 12 years after surgery,AFTER they said they didn't have them at a civilian hospital. You have to sign off on a release, but most of the time it doesn't cost anything, or it is a small charge. Don't give up if it is needed for your claim.

[Dustoff1970]

I did not read your whole post but if you have not then find an experienced accredited VSO such as DAV, VFW, Legion, etc located at nearest VA regional office and they can be big help to you in finding military and service medical records in addition to providing you additional advice and filing claims, etc.  You do not have be a dues paying member for them to assist you by their own rules/laws, etc.  They can also help you to upgrade your discharge if it is needed.

Interview them in person or by telephone and pick the one that seems motivated and most interested in your case.  Avoid those with hostile or indifferent attitude or do a lot of sighing in your presence as if you are too much bother.   You have to pick out the good apples from the bad in the barrell.

The other vets here have given you good advice also.  Many of us know how just unfair military leadership was and still is.  Just like civilian life the cream does not always rise to the top in the service.

There is another veterans benefit forum I refer to as VB* that spends a great deal of their daily post to vets bad mouthing lawyers and private doctors who provide medical opinions for a fee to assist vets with their claims.   These former and present VA raters, and VSO lifer officers tell out right lies and falsely imply to new vets that the lawyers and IMO doctors are charlatans.  Which is BS as I have read their many statements in BVA decisions winning benefits for vets.

Edited December 3, 2019 by Dustoff 11
additional paragraph

[vetquest]

I second that about IMO's.  I had two IMO's in my last BVA award that refuted bad C&P's.

[El Train]

2 hours ago, Dustoff 11 said:

I did not read your whole post but if you have not then find an experienced accredited VSO such as DAV, VFW, Legion, etc located at nearest VA regional office and they can be big help to you in finding military and service medical records in addition to providing you additional advice and filing claims, etc.  You do not have be a dues paying member for them to assist you by their own rules/laws, etc.  They can also help you to upgrade your discharge if it is needed.

Interview them in person or by telephone and pick the one that seems motivated and most interested in your case.  Avoid those with hostile or indifferent attitude or do a lot of sighing in your presence as if you are too much bother.   You have to pick out the good apples from the bad in the barrell.

The other vets here have given you good advice also.  Many of us know how just unfair military leadership was and still is.  Just like civilian life the cream does not always rise to the top in the service.

There is another veterans benefit forum I refer to as VB* that spends a great deal of their daily post to vets bad mouthing lawyers and private doctors who provide medical opinions for a fee to assist vets with their claims.   These former and present VA raters, and VSO lifer officers tell out right lies and falsely imply to new vets that the lawyers and IMO doctors are charlatans.  Which is BS as I have read their many statements in BVA decisions winning benefits for vets.

This is fact.  I've had a lot of them tell me I didn't have a claim or the VA C&P's examiners are not out to form craft their exams/opinions to get the lowest rating or flat out denial.  Outside IMO's have got me from 50% lowball ratings to 100%.  The VA is not looking out for you.  They have hired guns working for them.  We can hire our own guns just like them.  I don't see the difference.  Tell that to the other site and see what happens.  Sometimes I wonder if the VA is running that site.  But they do have some good info. and pitfalls to avoid.  When their senior members (current raters, former raters) answer, view it like the VA is answering your question and do the opposite.  They helped me out tremendously when you view it like this.  Not sure they intended it to be like that, but it sure helped me out.  

[mandyp]

Thank you all for the info I am overwhelmed with joy for the help. I have put in a request for my military records per the archives and as well as made an appointment to get a copy of c-file so I can see what all the VA has and doesn't have. And I can go from there. Boy when they said the Army will give you 100 just to take back 99 they weren't joking!!! Been in a 20 year battle with the VA because they didn't want to give service connection for any of my issues including the broken hip I received because they apparently or should I say conveniently had no record, luckily I have what I did save from in-service or I would have been SOL.