Bva Case Psychiatric Records Destroyed After 5 Years

[Josephine]

Hi,

I read this on one of the BVA cases. This is something that I didn't know. What do you all know about it?

http://www.va.gov/vetapp06/files3/0619822.txt

Citation Nr: 0619822

Decision Date: 07/07/06 Archive Date: 07/13/06

DOCKET NO. 05-35 363 ) DATE

)

)

On appeal from the

Department of Veterans Affairs Regional Office in St.

Petersburg, Florida

However, the SMRs do not include mental health records, such as psychological

evaluations and other mental health consultations.

Such records are normally retained by the facility that created the record for 5 years before the records are destroyed.

While the mental health records concerning the veteran may have been destroyed, a request to obtain these records must be made.

Is this why the VA was so shocked that my " Psychiatric Consultations" were at the NARA, and I acquired them some 42 years later.

Josephine

[Pete53]

Josephine:

I am glad that you found your records. I really don't see how the VA has any business destroying Veterans records for any reason.

[Philip Rogers]

The VA routinely destroys/recycles x-rays at either 5 or 10 years, so if you have probative x-rays make sure you get copies.

pr

[Josephine]

I just can't figure this one. I can see why so many claims for PTSD can not be proven. What a shame.

I had no ideal of what my military treating doctor was talking about, on the telephone , when I spoke to him about protecting my records, when I read this case, the light began to shine. He sent them in for me.

He was my guadian angel in more ways than one. Dr. C saved my life in service, protected my records and came to my aid with a letter of explantion of his treatment of me to the BVA. Of course, I did baby-sit for him and his wife and I mailed him all of his service medical records and the psychiatric consultations by the review board to whom he sent me to.

I was happy at the time of his letter to the BVA, he was still practicing as CEO, but he is retired now. He and his wife are cruising around the world. He told the BVA, if they needed anything now to let him know, for he would be hard to find. As it turns out, he has decided to teach at Harvard Medical School.

He has told me not to drop this claim and that he will see me through it. Not many of his kind around.

Always,

Josephine

[Berta]

That is an unusual BVA case.

the veteran served only 80 days.

"He contends that he currently suffers from

depression based on events that occurred during his period of

service and as a result of his discharge"

There must be more to this than what appears-I would think his character of discharge was questioned but dont see that or even why he was discharged- in the BVA case-

This is on a remand and the BVA is giving this vet every opportunity to support his claim-

It bothers me though that the vet did have some strong medical statements:

"The veteran has submitted several letters from F. G. Stanley,

Ph.D., in support of his claim. Dr. Stanley has said he

first treated the veteran in October 2001. Dr. Stanley's

treatment records are not associated with the claims file and

should be requested on remand.

The several statements from Dr. Stanley related the veteran's

depression to his military service. He referred to service

personnel records in the claims file as support for his

opinion that the veteran's depression was related to service."

Yet the VA wanted another opinion- a VA opinion of course-

"In light of Dr. Stanley's several letters relating the

veteran's depression to service, a medical examination is

required." See 38 U.S.C.A. § 5103A(d) (West 2002); 38 C.F.R.

§ 3.159©(4) (2005).

If the vets SMRs from Basic training cannot be found-I sure hope the vet took all the time this sat at the BVA to strength and prove his stressor or whatever event caused the depression.

Even if he gets a lousy VA opinion against the claim- those treatment records of Dr. Stanley can put the claim into realm of Benefit of Doubt-thus an award- BUT

not without confirmation of the nexus- the actual stressor-

it must have been very serious to curtail his military service -after only 80 days.and it was not a medical discharge. ???

Edited March 18, 2007 by Berta

[Josephine]

Why is the duty station destroying psychiatric records after keeping them for 5 years at the duty station. The BVA speaks as this is common practice to do this. Why aren't the psychiatric records placed in the veterans claims file at the archives? This guy will never locate those records. If it took me 40 years to acquire mine after the VA denying them being there. Something doesn't add up!

For claims of anxiety or depression, the veteran does not have to prove a stressor, only PTSD. I imagine, this is why he changed his claim from PTSD to Depression.

I was told over and over by the VA that I didn't have any psychiatric records, but when I hand wrote a letter to the archives of what I specifically wanted, the technician located them for me.

This is not right.

Josephine

Edited March 18, 2007 by Josephine

[LarryJ]

The BVA case really is pretty vague in it's wording.

So, I thought about this for a minute..........let's see what you think about my reasoning?

This veteran's period of service was before "Don't Ask...etc.." wasn't it?

Had a guy in my basic training platoon........it was pretty rough on him...the way they treated him after figuring out his "alternate sexuality preferences". Last time I saw him, he was running down the company area shouting "I'm gonna kill that *&&^%^".

Last I ever saw of him was when they loaded him up in that grey Navy ambulance.