Medical Records Destroyed After 7 Years, But Rating Specialist Wants Them

hurryupnwait · April 20, 2007

Chronological background

Injured back three times in military, twice in 1971 and once in 1972. Could not find it in SMR's but have other proof; letter from CO, prescriptions, medical opinion from private Orthopedist 3 days after the last injury etc.

Medically discharged for back condition 12/72

Filed claim 1973: denied because not in SMR's

Reopened claim 11/01

Rating decision: No new evidence 3/02

New evidence received 7/02

Denied claim 10/02

NOD filed 10/02

BVA Appeal 9/03

Board hearing 3/04

Board remanded 6/05

AMC letter 6/05

C&P exam 10/06

Ratings Specialist 4/07

The board remanded my case on 6/05. In the remand it asks for medical records from several private doctors over the years, one was not mentioned, maybe because I sent a letter to the Board in 2003 stating that this Doctor was deceased and that, according to the executor of the estate, his medical records were kept for 7 years and then destroyed. Unfortunately, I did not keep these records.

I had a favorable C&P exam on 10/ 06, service connected.

Since Aug 2006, I have been assisted by my local Congressman's office. They recently did an inquiry and found out that the Rating specialist wants the medical records from this decease doctor. I have called the executor of the doctor's estate and asked her to put it in writing that the records were destroyed. I should received this letter soon.

The time period that I seen this doctor was 1973 to 1986. After 1986, I have my medical records.

The Congressman's aide also said that AMC may want me to go to another exam.

Any comments?

allan · April 21, 2007

Contacting someone for congressional help, may delay your claim as much as two yrs.

Overflow?, Ready to rate?, Appeals center = no action. It is in limbo, untill the AMC, passes it off to another regional office that will pump out false, twisted remarks as a reason to deny.

In order to avoid this, you can send in a waiver of your rights to review by a lower agency, THE APPEALS CENTER or regional office.

If you want it reviewed by the BVA instead, you must send a waiver in, asking that this be done.

After nearly 10 yrs of this, im sending in a waiver, anytime I get a remand, starting now.

Josephine · April 21, 2007

I surely hope that asking for congressional help will not delay my claim for 2 years. I hope this is just a figure of speech.

I placed a waiver against the regional office making any decisions on my claim.

When my claim went to the BVA and then remanded to the Appeals Management Center in Washington D. C. it is my understanding that they will make the decison on my claim.

I just don't think that there is such thing as an "overflow" and that my claims file is in that stack.

I have been told that my file has been in the Ready to Rate Stage since Feb. 5th.

Josephine

tssnave · April 22, 2007

HU&W,

If you were medically discharged for your back then how in the world could it not be in your smr? How about your personnel records?

Also, how is it they could ignore the letter from the CO? Did his testimony not count since he wasn't a medical doctor? Of course, they ignored the letter from the psychiatrist who treated me while we were both on active duty that I sent in with my initial claim and denied my claim. Service connection was granted by the DRO 3 years later based on that same letter (they couldn't find my psyc smrs) and the C&P examiner's nexus so it all worked out.

When they find in your favor will you have a case for a 1971 back date? I hope so. I would dance in the hallway if it did!

Keep us posted,

ts

hurryupnwait · April 22, 2007

HU&W,

If you were medically discharged for your back then how in the world could it not be in your smr? How about your personnel records?

Also, how is it they could ignore the letter from the CO? Did his testimony not count since he wasn't a medical doctor? Of course, they ignored the letter from the psychiatrist who treated me while we were both on active duty that I sent in with my initial claim and denied my claim. Service connection was granted by the DRO 3 years later based on that same letter (they couldn't find my psyc smrs) and the C&P examiner's nexus so it all worked out.

When they find in your favor will you have a case for a 1971 back date? I hope so. I would dance in the hallway if it did!

Keep us posted,
ts

1. The visits to doctors were not found in the smr, according the VA. I was medically discharged from the medical findings of a private orthopedist. He wrote a letter to my CO saying that I was unfit for military service. Five months later I was medically discharged.

Need to check again in my personnel records, might be something there.

2. My CO did not testify, he just wrote a letter stating that he asked several people in my unit about my back injury and they confirmed that I did go to sick call for injuring my back.

In 1973, I think the VA s opinion was if was not in your SMR's it did not happen.

Many changes occurred recently, now they will accept other evidence i.e. CO letter, prescriptions by military doctors, private orthopedist 3 days after last injury, etc.

3. My vso told me that since I did not reply to the VA letter in 1973 that asked for more evidence, it was considered closed and my effective date would be Nov, 2001. I have the 1973 letter from the VA. I would like a legal eagle possibly review it to give me an opinion.

Right now I m in "Hurryupnwait" mode. Been there for 5.5 yrs, not counting !972 and 1973.

I m glad that you finally got service connected, that s a big hurdle.

Does my Veterans Service Rep have my complete claims file that I could review? Or do they just keep the communcation and forms.

I ll keep you posted.

hurryupnwait · April 25, 2007

I called my Congressman's office today to inquire about my claim, it seems that the ratings board sent my file back to the examiner for more development. They want the medical records from my doctor who died in 1986 and the medical records were destroyed 12 years ago. My doctor's wife, estate executor, recently sent me a letter stating the above and I sent it to the Congressman's office and asked them to fax it to AMC. I saw this doctor from 1973 to 1986.

I sent a letter in 2003 to the BVA stating that the doctor was deceased and the records were destroyed., but somehow it was overlooked by the rating specialist.

When I went to the C&P exam the doctor showed me my C file. It was 2 inches thick. I am beginning to think that these rating specialists will try to find something wrong in the file so that he/she can send it back for development, and then when it returns, another AMC rating specialist will have to deal with the 2 inch file. Is this a feasible scenario? If so, how do I stop it?

Would it slow down the process now if I requested a copy of my claims file. My service officer says yes it would slow things down.

Another development that may be related to my back is that my left leg gives out several times a week and occasionally my right leg. I also feel wekness in my legs. I noticed in an MRI from 1/ 2004 that I have left neural foraminal stenosis, is this related to my legs? This was not mentioned in the C and P exam.

Thanks again

hurryupnwait · April 26, 2007

On my copy of the C&P request from AMC is a name and phone number in Washington DC to contact if the C&P person should have questions. I ve been tempted to call this person, but I do not know what to say or if its way out of line.