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Old 16 January 2019, 14:22
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VA missing records

I finally got around to doing the VA thing about two years ago. When I went in for the C&P stuff, they had my Navy service on file, with one deployment (I made 5), and no record of my time in the Guard at all.

This is really odd, because I can download a bunch of my Guard paperwork from the VA website.

Anyway...I walked away with 10% for a knee injury from A-School. Back--not service connected, presumably because they have no record of my time as an 11B at all.

The rating isn't really the point though...anyone else out there ever had the VA just lose a sizable portion of the records pertaining to your service?
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Old 16 January 2019, 15:03
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What Guard were you in?
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Old 16 January 2019, 15:11
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What Guard were you in?
I was Army Guard in Mississippi, Alabama, and Texas.
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Old 16 January 2019, 15:34
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Quote:
Originally Posted by BOFH View Post
...anyone else out there ever had the VA just lose a sizable portion of the records pertaining to your service?

My records while in VN, including a broken back, were 'lost' for 20 years. I had applied many times for them. One day they showed up in the mail with no explanation.

I'm sure that bookkeeping has improved over the years, good luck.
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Old 16 January 2019, 15:52
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No surprise here. The rater stated it wasn't in my records on more than one issue when it sure was; even the copy they had. The BVA Judge told them to go back with remand for those (yep, waiting for those, the same people that had it the first time around). Also made two FOIA requests for my entire file. First was an incomplete humorless joke and no response for the second.
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  #6  
Old 17 January 2019, 07:31
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Mine is also missing large chunks of time. Entire local post was missing but they had my overseas med work info. I wish I was smarter back when I was processing out.
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Old 17 January 2019, 08:23
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I did something unorthodox back in 2010 or so. The VA told me something to the effect of not have enough documentation for certain things, or for validating what I was seeking. I was incredulous. Here I was, several years removed from being an in-patient at Walter Reed after having suffered some fairly gnarly wounds incurred in Iraq and the VA was playing fuck-fuck games.

Long story short: I went to the records department at Walter Reed and asked for a copy of everything they had on me. They explained that the first time I request it, it is complementary. Future requests could incur a cost (something to note). A couple of weeks later I received thousands of pages, which included every single little thing, to include nurse checks at their hourly interval.

I made a copy at Kinkos (which was expensive) and sent it directly to my regional office. I didn't hear back explicitly, but a lot of shit magically cleared up.

I don't know the right answer to help, BOFH, but working to get any and all documentation from the USN and NG would be the first place I would start. It can take time, but it's worth getting hold of through their Records Request offices.
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Old 17 January 2019, 13:25
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The first time I went for a comp & pen exam, the only DD214 they had for me was the one you sign when reinlisting, and it only covered the first two years of service. All but one of my service connected injuries happened after that point. It took several years before I could get that crap straightened out, and that seems to be par for the course from almost everyone I've talked to.
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Old 18 January 2019, 01:07
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There is a form you can have an eye witness or medic complete, anyone that has first hand knowledge of your injury.

https://www.vba.va.gov/pubs/forms/vba-21-4138-are.pdf

Some tips on how to write the statement

https://www.cuddiganlaw.com/library/...lity-claim.cfm
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Old 18 January 2019, 12:12
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Thanks for the replies, gentlemen! I've been debating about going back and appealing any of it. On the one hand, I don't need the money. On the other hand, I'm told it's something they owe me. If I do decide to go through all the bullshit, I'll damn sure take TFG's advice here.
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  #11  
Old 18 January 2019, 19:30
Fu King Lawyer Fu King Lawyer is offline
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Originally Posted by BOFH View Post
Thanks for the replies, gentlemen! I've been debating about going back and appealing any of it.
May I submit you owe it to everyone who comes behind you to make the VA do its Fu King job? If you leave it as is, VA will just continue to do what they have always done.

BTW, VA has an obligation to locate US government records.

(2) Obtaining records in the custody of a Federal department or agency. VA will make as many requests as are necessary to obtain relevant records from a Federal department or agency. These records include but are not limited to military records, including service medical records; medical and other records from VA medical facilities; records from non-VA facilities providing examination or treatment at VA expense; and records from other Federal agencies, such as the Social Security Administration. VA will end its efforts to obtain records from a Federal department or agency only if VA concludes that the records sought do not exist or that further efforts to obtain those records would be futile. Cases in which VA may conclude that no further efforts are required include those in which the Federal department or agency advises VA that the requested records do not exist or the custodian does not have them.
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Old 19 January 2019, 10:43
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If you were in the Guard, you have several options...
1) the easiest is to go to the unit(if local) and see if they have the records and turn in to the VA

2) ensure the VA knows the dates and units involved and those records are pertinent to your claim. The VA has a duty to assist to get those records. The narrative paperwork you receive should have attempts made to get those records and that will be listed in the evidence. The VA should send you a final attempt letter saying what records were requested and the attempts to get those records. If the paperwork does not have the attempts, it’s a basis for appeal. Ultimately, it’s your responsibility to get the records but the VA has to attempt to get them.

If you served overseas and the VA does not have all the tours, write a statement, have your buddies write a statement, send in pictures, orders, news paper articles... anything that shows your multiple tours. It is evidence.


The VA is not perfect, they are humans and humans make mistakes. Also the VA depends on receiving the records from the military. Personally, I am missing 6 months of physical therapy/medical records for my back. It was completed at a Navy hospital and I was Army. I have been fitting the VA for 13 years on it...
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Old 20 January 2019, 09:16
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Originally Posted by 10thvet View Post
Personally, I am missing 6 months of physical therapy/medical records for my back. It was completed at a Navy hospital and I was Army. I have been fitting the VA for 13 years on it...
O,
I am responding via the board rather than via PM (I know that you know the answer, but I hope it will help other SOCNET members).

Inpatient or Hospital Records

"Inpatient records, also referred to as clinical records or hospital inpatient records, are generated when a service member is admitted to a hospital or spends the night in a hospital. These records are not stored with the veterans other military medical records. Inpatient records are stored under the name of the treating facility. As a result any request for inpatient medical records must include the name of the hospital, month of treatment, year of treatment and the veterans name and social security or service number. These records can also be requested following the previously discussed methods"

https://helpdesk.vetsfirst.org/index...b.page&id=2433


v/r
p
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  #14  
Old 20 January 2019, 09:28
Gsniper Gsniper is offline
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I'm beyond being disappointed by the VA. In my world anything that I don't personally give them they don't have. Also, even if you give it to them there is only a 50% chance the person that needs to see them ever does. Be your own advocate or you're setting yourself up for a dry fuck.
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Old 20 January 2019, 14:52
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It has been my experience, if you expect someone at the VA to do a dumpster dive into your medical record and find the nuggets to support your claim, you will be disappointed. Sometimes, they can't even find the things they've generated. In response to a claim that I'd requested reconsideration on, they sent me to a compensation exam. I could see those results in myhealthevet, but whoever was working my claim never got them. I ended up printing out the exam results, submitting them through eBenefits, and receiving an affirmative decision within two weeks. Should I have to do this? No, but it's the process and the alternative is I'd still be waiting.

On another item, my VSO and I resubmitted for reconsideration, we included a 22 page document, from my local hospital, reflecting my recent total left knee replacement. Please understand, this was for surgery, approved and paid for by the VA under non-VA care and directly related to a service connected disability. I received a letter from the Regional VA office wanting to know what the Disability and affected part of the body was that the "Left Knee Surgical Notes" referred to.

While my first instinct was to give a pithy response, we used our usual approach of leading this really stupid horse to water. The VA form 21-4138 we submitted included 6 enclosures-

1. Hospital Admission/Discharge Notes
2. Surgical notes from the operatory
3. The imaging report showing the placement of the prosthesis
4. The report giving the serial numbers of the prosthesis
5. One month follow-up notes from the surgeon
6. Excerpt of 38 C.F.R. 4.71a Code 5055

The last enclosure is the applicable diagnostic code and statute that basically says, by law, they must increase that disability from 10% to 30%. While I shouldn't have to do this, it will expedite the claim. I'm just curious if they'll need to schedule an exam to confirm the placement of the prosthesis. I'd think the honking $51K bill the hospital sent the VA would be sufficient.
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  #16  
Old 20 March 2019, 19:29
Fu King Lawyer Fu King Lawyer is offline
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Originally Posted by RamblinWreck View Post
On another item, my VSO and I resubmitted for reconsideration, we included a 22 page document, from my local hospital, reflecting my recent total left knee replacement.
6. Excerpt of 38 C.F.R. 4.71a Code 5055

The last enclosure is the applicable diagnostic code and statute that basically says, by law, they must increase that disability from 10% to 30%. .
Brother,
Forgive me? I have had some medical issues, myself and for some reason missed your post.
I hope you pointed out to the VA they are supposed to rate you (temporarily) 100% disabled for the first year following your knee replacement? At the end of the year, they should do a C&P to compute your remaining disability.
"5055 Knee replacement (prosthesis).

Prosthetic replacement of knee joint:
For 1 year following implantation of prosthesis 100"

For those military retirees with s/c for knees - provided the knee was due to hazardous duties (parachute or diving) or the result of combat injuries, you also need to apply for CRSC - unless already receiving it. The VA to CRSC link up is supposed to be automatic and to catch the 100% and then up the CRSC, but it sometimes falls thru the cracks and the retiree needs to "tickle" the CRSC folks to get the increased 100 % CRSC for the year, too.

v/r
fkl


"
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  #17  
Old 20 March 2019, 22:05
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The first 4 times I went to the Montgomery VA they did not have my military records. They had my dependent. When I started complaining about it they found them a week layer at Lake City VA. What the person told me is I must have gotten out of the military there. Nope, Maxwell. Must Have entered there. Nope Ft Campbell. Stationed there. Nope never. he had no excuses why they would be there. The next time I went they did not have my records and we went through the same questioning. I told him the last time they found them at Lake City. They checked and that is where they were at. The only thing they could figure is at that time Lake City was a region hospital or collection point.
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