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HLR Found Duty to Assist Error but still denied my claims

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On 1/18/2022 at 7:56 AM, broncovet said:

The VA losing your records "does not" guarantee you will be awarded any benefits, unfortunately.   Instead, it often increases the difficulty for the Veteran to obtain benefits.  

     The burden to show you meet the criteria is "on the Veteran", not on the VA.  Yes, they have a duty to assist, but that does not mean they can fill in a missing nexus or in service event for you.  

Its very difficult to get around the caluza elements.  Get them, win benefits, lack any one of the 3 and get denied.  

To reiterate:

Caluza elements:

1.  Current diagnosis.  (This is not the same as a diagnosis in service, as a diagnosis in service is not required).  

2.  In service event or aggravation. 

3.  Nexus, or medical opinion, your diagnosis is at least as likely as not due to an in service event.  

i wish that this was taught to you when you join the military. they harp on keeping copies of everything but no one ever talks about medical records....we always focused on awards and money and orders....no one ever talks about getting and keeping medical record copies for when you get out! should be taught in basic...and reviewed ever year in your unit. 

alas, you are not alone guys and gals...lots of us have had them lose our records...some of us happen on records years later and are fighting now to get SC...dont lose hope!

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On 1/18/2022 at 8:40 AM, Berta said:

This is an older thread but important and I wonder if the originl posted tried to get his SMRs and VA medical records himself. When VA says they cant find reords, in my opinion they might not even be looking for them.

THIS TOO!!!

when i first got out in 2008 i was denied on all claims bc lost service records....then in 2012 they magically "found" some and scanned them in...fortunately for me i got a letter saying "we revied your claim and SC due to records found" and i didnt have a huge fight...but they didnt find everything- hence my fight today on multiple issues....

but the point stands- and i said many times in the past- i dont think they ever even tried to get them...and then i think someone was cleaning out files and said "hey here is so-and-so records, maybe we should mail these off since hes been out since 2008" 

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  • 3 weeks later...

I gotta comment, well because I just can't help it,   Whether misplacing, records not found, misreading, not acknowledging, altering, cut and pasting, placing a blank sheet over concrete evidence, and altering the copies, shredder-gate, it is all the same game, Delay, Deny, and hope you die",  ooh never mind that sounded better in head than when I wrote it down and read it.  But I hope you get the jest.  My apologies, morbid sense of self, in any case.  That is the game,  "They " have been at it for centuries, or century, I don't know if we have proof going back that far, interesting notion, though, in any case, sadly and truthfully, gotta hate the game.  But that's where, unity, well and when it comes down to it, being battle buddies, born of the same fire, living, sadly, and dying by the swords we helped bare, that is how we will win.   

Im trying to be encouraging and spark that fire in all us, so, please bare with me.  Never mind my attempt at sounding encouraging and somewhat intelligent, bad cliché s and all,  I hope,  in all seriousness, because I am serious, as I can get, that WE continue to change the unjust process. It's slow, but you sure as heck can't say it is not steady in positive change, the race will be won.  I believe this, with all that is left of my mind, heart, and yup even soul, dare I post, as I lost faith somewhere along the way.  Together we will complete the mission.  

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