Lost medical records

[allansc2005]

Morning folks,

Got a veteran who is having a Higher Level Review phone conference this Wednesday, and need some help.

Background: Veteran enlisted in the Airforce in 1960, and it's believed most of his medical records burned up in the St Louis fire of 1973.

Veteran is claiming SC arthritis.

Q. What laws, regulations, references.., attributed to the fire can the veteran use as references when discussing his claim with the Review Officer on Wednesday?

 

Thanks,

 

Allan 2-2-0 HOOAH!

 

 

 

 

 

 

[broncovet]

Well, there is "lost" then there is "lost and then found".  "If" this Veteran is able to come up with these records, they can be submitted under 38 CFR 3.156 C.  

This said, "all is not lost" even with missing records.  Keep in mind the basics:  Caluza elements.  Always. 

First, of course, he needs a current diagnosis of arthritis.  Lets assume a doctor has so diagnosed him.  

Next, he needs "an in service event" where the allged service connetected event occurred.  A "buddy letter" can sometimes document the in service event.  Example:  If he was a para trooper, the buddy may well testify as to the same, and he/she observed you injuring your knee on a jump.  

Lastly that important Nexus.  If you can not afford a Nexus, try. a Corolla, instead.  (lol).  Seriously, a doctor is gonna need to state that this Veeterans arthritis is at least as likely as noit due to (the in service event).  

Get the Caluza's first, then get your nexus..or Corvetee, or camaro, Mustang, etc.  etc.  

HLR, by the way, is a very bad choice when you have new evidence, because HLR specifically prohibits new evidence.   If denied, however, by the HLR, then you can proceed to the BVA with that newly found evidence.  

You may be able to get by WITHOUT new evidence, "if" you can still get the caluzas, including the nexus.  A well written buddy letter, consistent with known facts, can suffice to document an in service event.   However, the nexus and diagnosis has to come from a medical professional.  If a medic friend treated you in the service, he may be able to testify, for example, he treated a sprained ankle after a jump.  

Get the Caluzas documented first, then you can start picking out your car.   No caluzas.  no serice connection.. Caluza's are "make or break" the deal every time.  

[Buck52]

 

I second what broncovet mention above ,you defintely need to connect this to your military service. (nexus) ( The 3 Caluza Elments.

On July 12, 1973, a disastrous fire at the National Personnel Records Center (NPRC) destroyed approximately 16-18 million Official Military Personnel Files (OMPF). The records affected:

BranchPersonnel and Period AffectedEstimated Loss

ArmyPersonnel discharged November 1, 1912 to January 1, 196080%

Air ForcePersonnel discharged September 25, 1947 to January 1, 1964
(with names alphabetically after Hubbard, James E.)75%

HE CAN REQUEST HIS RECORDS AT THE NRPC IN St Louis, if they can't find them  then he can look up his states Capitol  Federal Building  Records dept for the US AirForce  and check with them if they have ANY OF  them   NEED HIS SS 

He Also Needs to request his C-FILE (CLAIMS FOLDER)  ASAP

He can give his statement in support of claim  and can write on an extra sheet of paper  the location he was statition at his unit  and battillion  and his 1ST Srg name  company commanders name and what happen to him to cause his Injury /or desease  ,they need the dates and location a close estmate wil help them if he can't remember the exact dates  and also a little as to why he remember what happen  was it on a holiday? his mothers birthday or any close relatives birthday, was it around Christmas time?  these are the things they will look for     they will look to see if your story coninsides with your military locations and any reports like morning reports ect,,ect,,   to n  decide if your story  has merit?

medical records  will be hard to get if they can't find them at the NRPC,  ALSO he can call his buddys in the Air Force who

 with him  and ask them to give their statement as to what happen  the day they were with you that day  ect,,,ect,,,

Edited February 6, 2022 by Buck52

[allansc2005]

@broncovet and Buck52,

 

I'm not really asking about how to get a Nexus to connect his arthritis to active duty, we have already tried all that, what I'm asking is what LAWS, what REGULATIONS..does the VA have to follow as it applies to MISSING records that can't be located that applies to the veteran's claim?

 

I'm not asking for the procedure(s) to find missing medical records, I'm asking what the VA has to consider when records can't be found...LAWS, REGULATIONS...that favors the veteran..?

 

Thanks,

Allan 2-2-0 HOOAH!

[Rivet62]

17 hours ago, allansc2005 said:

I'm asking what the VA has to consider when records can't be found...LAWS, REGULATIONS...that favors the veteran..?

I found this:

https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.benefits.va.gov%2FWARMS%2Fdocs%2Fadmin21%2Fm21_1%2Fmr%2Fpart3%2Fsubptiv%2Fch05%2FM21-1III_iv_5.docx&wdOrigin=BROWSELINK

 

[Buck52]

Its called Finding of facts  as I describe above

Findings of fact are the true facts that a decision maker finds to exist after the analysis of all evidence of record. Findings of fact are necessary to making the conclusions of law.

Date /Location the event happen  if the veteran can remeber he needs to tell them his story  where and  when what happen to cause his now condition that disables him/her.

They (VA) Checks out his story as to what he says happen to him on a certain date and location while in the military  remember reasonable doubt goes in the veteran favor. 

If they fine his story of merit  they they will use that for service connection and a possible rating.

HE/SHE MAY NEED TO GET A GOOD IMO/IME IN FAVOR OF WHAT HE IS CLAIMING   AS FOR AS MEDICAL RECORDS.

IF HE HAD WENT TO THE DR THE DAY THE EVENT HAPPEN   THEY SHOULD BE ABLE TO FIND THAT MEDICALRECORD

THIS IS WHY HE NEEDS TO TELL THEM WHAT HAPPEN BACK WHILE HE WAS IN THE MILITARY  HOW THIS IS CONNECTED TO HIS MILITARY SERVICE  WHEN  NO RECORDS CAN BE FOUND THEN  THE FINDING OF FACTS SHOULD HELP.

Also Buddy statements  from his buddies that was with him to witness the event.  Again time and location of the event is very important  a 10 day space  will be allowed    example if he says it happen on a certain date and they check it and the date was close to what he mention (10days)  they will use that but if the date is way off say a year or two  then that may make  a big difference in their decison.

Edited February 7, 2022 by Buck52