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

[Berta]

yeah and just think- in the 1960s most of those Marines ended up in Vietnam---on top of all the Boot camp stuff-

3 that you mentioned had potential for SC- the other 3 ----maybe--- with a strong IMO

The two ,however, who threatened suicide, did not belong in the United States Marine Corps anyhow.They were a potential handicap to combat manuevers and could have caused the deaths of other Marines under fire-if they had suicidial ideations.

I am sure rigors of service still get out of hand -but the nexus is still----- everything.

Edited March 25, 2007 by Berta

[Josephine]

This is why I posted this BVA CASE. I see so many veterans stating that they were treated by such and such doctor in service, but they cannot locate their records.

They are silent as their reords have been destroyed.

I never knew that it was the practice of the military to destroy psychiatric records after 5 years. PTSD was not recognized until 1980 and the destruction of their records leaves them without the proof they need for the claim.

I am aware that I am in the fight of my life, as I did locate my psychiatric records after 40 years.

No, Berta, I do not thnk that the vigor of service involves being jerked by the neck until you wet all over yourself and I do not think drowning in a swimming pool is either.

I have read so many veterans post how they went for their C&P and received a More Lkely than Not decision by the VA doctor and received benefits.

I have yet to read of anyone that received a letter that stated this is a reminder of your clinic appointment 5 months later to get there, when no one knows that you are coming to have a C&P by a Board of Two Psychiatrist, have them refuse to allow my husbnd to be present, take me down this dark corridor, have the lady doc never speak a word, have the male psychiatrist speak in 3 or 4 word sentences. Tell you to show him how you kick a wall and a bunch of non-sense stuff. Change your private medical records and give you an AXIS I OF ANXIETY NOT OTHERWISE SPECIFIED AND A AXIS 2 OF BORDERLINE PERSONALITY AND A GAF - 40.

I may win at the BVA, I don't know, but I do know , that I refuse to change my story of the abuse in service. I certainly will not be homeless, if I don't, for I still have my husband of 43 years and he does have a college education and does and shall continue to provide for me as he always has.

I simply refuse to give up on something that I feel is right.

The abuse continues in service today as the previos post states.

For all the veterans out there looking for their psychiatric records, send a hand written request to the archives and tell them specifically what you are looking for and then follow up with a telephone call after a couple of weeks and your records may be hidden within your file also.

I was told over and over by the VA, there were no psychiatric records for me, but they were there. You may just locate your nexus in your file.

Josephine

[tssnave]

Josephine,

Thanks for the quick reply to my query. I have been out for a while and just got back to the board.

Thanks for the link. I requested my psych records before I submitted my initial claim and St Louis faxed me a reply saying they didn't have them. I called them and a rep told me they wouldn't give them to an individual. So I tracked down the psychiatrist and phsycolgist who treated me on active duty 26 years ago (you gotta love the internet) and luckily they both remembered treating me and wrote letters attesting to my active duty treatment for depression while I was active duty.

The VA was never able to find my active duty SMRs only my National Guard SMR so, the VA in its infinite inability to reconcile the facts with my claim, at first denied my claim on the basis that there was no record of my having gotten mental health treatment while I was in the National Guard! I never claimed to have been seen in the NG. Apparently the rater couldn't tell the difference between the active Army and the NG, couldn't tell the differene between 1980 and 1990, and couldn't figure out that just because both units had a couple of the same numbers in them that they were not the same unit. More to the point, she completely disregarded the letters from the docs who treated me on active duty!

We did the DRO route, wrote a letter explaining that in 1981 active Army records went to St Louis and when you joined the NG new SMR were generated without seeing the previous active Army records, had one of the docs send in indentifying information to prove he was who he said he was and was stationed where he said he was stationed (he was a retired full bird by this time) and they set up a C&P exam and awarded me 50% SC almost 3 years after I filed my claim.

I have no idea if my psych records were destroyed or are sitting in St Louis. At this point, with the DRO deciding in my favor I am focusing on getting my rating to the appropriate level.

I am amazed that you got your psych records 42 years later!! Good luck with your claim.

Thanks again,

tx

[Josephine]

tssnave,

I also secured a letter from my treating physician in service, but did sent him all the psychiatric records and my medical records to him for review.

I am at The Appeals Management Center on remand by the BVA.

I think that I stepped on some toes when I turned in copies of all those records to the VA, when they had been telling me for 40 years that they didn't exist.

It will be interesting to see how all of this mess turns out.

Have a good one and good luck,

Josephine