Lost VA Medical Records

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Bugsy
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Lost VA Medical Records

Post by Bugsy »

About 5 months ago I sent off for a copy of my DD214 and medical records. I got a letter back stating that during a review in which I claimed my lower back problems were a result an injury sustained while on active duty (which was verified), the person who reviewed them did not place my records back in the appropriate place. In essence they were lost.

Does anybody know if I have any recourse in obtaining those records (they were not lost in the fire that occurred back in the 80's) this was purely an adminstration error on their part.

My concern is that as I have gotten older my lower back problems have gotten worse, if at age 55 or 60 one of my disks deteriorates I'd like to be able to prove that it may have been a result of my injury back when I was AD. I am technically at a zero percent disability rating.
1984 - 1985 5th Inf Div
1985 - 1986 75th Inf Ranger Regt
1986 - 1988 3/12 SFG (ABN)

The strength of the pack is the Wolf... and the strength of the Wolf is the pack... :twisted:
SkyShark
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Post by SkyShark »

Actaully Ranger Bugsy the same thing kinda happened to me. When I was going through the application process for disablility all my records were lost. I was saved because my mom saved letters I wrote to her while I was in and in the letters it talked about my situation. Anyway, did you at anytime every have to go to a VA hospital to be seen about what your problems are. The reason I ask is because the VA hospital would have record of your service connected problems, and the doctor there may have requested a copy of your military med files when you first started seeing him. That may be an out. Also depending on how long you have been out you may be able to contact your med station from your old unit and see if they have copies of any sick call records. Don't know if this info will help but good luck.
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Bugsy
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Post by Bugsy »

SkyShark wrote:Actaully Ranger Bugsy the same thing kinda happened to me. When I was going through the application process for disablility all my records were lost. I was saved because my mom saved letters I wrote to her while I was in and in the letters it talked about my situation. Anyway, did you at anytime every have to go to a VA hospital to be seen about what your problems are. The reason I ask is because the VA hospital would have record of your service connected problems, and the doctor there may have requested a copy of your military med files when you first started seeing him. That may be an out. Also depending on how long you have been out you may be able to contact your med station from your old unit and see if they have copies of any sick call records. Don't know if this info will help but good luck.
Thanks for the info bro but my last AD unit was Regiment, they're not even in the same building anymore (so I would assume neither is the med station) and I got out in 86 I doubt if there would be any records still at Benning at all. I have been to several VA hospitals about my back but I don't think any of them have ever requested copies of my records but I will contact the VA here and find out.
1984 - 1985 5th Inf Div
1985 - 1986 75th Inf Ranger Regt
1986 - 1988 3/12 SFG (ABN)

The strength of the pack is the Wolf... and the strength of the Wolf is the pack... :twisted:
Towedjmpr
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Post by Towedjmpr »

Ranger Bugsy,

Contact the DAV for assistance. If anyone can help they can and will.
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66G_RN
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Post by 66G_RN »

Ranger Bugsy,

It wouldn't hurt to contact Medical Records at Martin Army at Ft. Benning. Ask about any outpatient or inpatient medical records. The mainline to the hospital is 888-293-2148.
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Cat
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Post by Cat »

Towedjmpr wrote:Ranger Bugsy,

Contact the DAV for assistance. If anyone can help they can and will.
You'll most likely have to sign a power of attorney for them to work on your behalf (if that's what it comes down to).


I contacted them with a problem with my records as well. I got the POA signed and the DAV was a big help. They've been through everything -in way of problems- and know who to ask and how to get the job done.


First year membership is usually free.
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Bugsy
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Post by Bugsy »

Thank you all for your info & input I certainly appreciate it. 8)

RLTW!!!
1984 - 1985 5th Inf Div
1985 - 1986 75th Inf Ranger Regt
1986 - 1988 3/12 SFG (ABN)

The strength of the pack is the Wolf... and the strength of the Wolf is the pack... :twisted:
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Crash
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lost records

Post by Crash »

To Ranger Buggsy and the others. Remember that old adage CYA???

If you currently have a claim pending for benefits, always ask for a copy of your Service Medical Records (SMRS) from the VA. You need to write or go to the nearest Regional Office for these copies. The request must always be in writing and no one else can make the reqeust unless its regarding a deceased veteran. Records do get lost by VA and the military and so on. Always keep a copy of your last rating decision, if you have received a rating of service connected disability from the VA. Again, these decisions are made strictly by the Regional Office.

The flow works this way. When you get out, the records are sent to interim storage and later forwarded to the National Personnel Records Center. It's been a while since I've done development work, but the records are held in joint VA/NPRC custody (I believe). The records are noted as available to transit on the VA's computer system. When a claim is filed, a release transmittal is automatically sent from the VA Regional Office establishing the claim to the storage facility, and the SMRS are forwarded to the "requesting office"

The VA hospitals never have your SMRS unless you have provided the records to them. Many people "assume" the VA is the military record storage site, and this is not true. More importantly, the VA and DOD are two completely different entities. Many people also assume the regional office and hospitals are one in the same and they are not. Although, the VA is one agency, there are three distinct sections which have overlapping functions. The regional offices do claim processing, education and so on; the hospitals provide medical care; and, last but not least is the National Cemetery system. A regional office determination of service connection is binding on the care provided by the VA medical centers. (Very important to remember) If you are have a service organization (you'll hear VA employees refer to a POA, such as the DAV, American Legion, VFW . . . etc.) they usually get a copy of your rating decision, but they won't have your SMRS, unless you submitted copies and they made copies for pending claim.

Add to this mix, all the military branches do something different. If a veteran goes into the reserves or the Guard, the VA can have a hard time getting a the records.

I noticed one of the posting mentioned the "fire". The fire at the National Personnel Center happened in 1973. The entire facility was not burned down. Some military branch record areas were harder hit than others. Records after 1973 were not involved in this event. Do keep in mind, individual Regional Offices have also suffered catastrophic events, fire, flooding and so on. And like the one posting, just sheer foolishness on the part of an employee. I have also had some of my SMRs go missing, and was saved by the fact I had gotten a copy from the VA for myself.

Important to remember!!! Barring catastrophes, once you have filed a claim with the VA (regional office side), your records are maintained permanently by the VA. I have personally seen VA claim files dating back to the Civil War. However, you should always have back up copies of things for yourself, just in case.

Sorry about the dissertation guys, but I love my job. And this is only the tip of a very large data iceburg.
Crash, 497th Trans CO, FT Lewis, WA 76-78
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wellfed
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Post by wellfed »

So, Lesson here is ALWAYS! ALWAYS make Copies!! I getting ready to retire and plan on keeping orginals and turning in a complete copy.
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Crash
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Post by Crash »

Ranger Bugsy,

Where did you send for your records. St. Louis or a VA regional office? Makes a difference.
Crash, 497th Trans CO, FT Lewis, WA 76-78
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Crash
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Post by Crash »

Ranger Wellfed,

Also make sure you have the doctors make actual diagnoses of any problems you have when you get your retirement physical. Also get yourself down to the VA and file the claim for service connected disability.

1.) If we grant a compensable claim (10 % or higher), you get money. If it's less than your retired pay, your pay will be reduced by what we grant, and you get a separate check from us. VA money is not taxable.

2.) Compensable ratings = waiving the funding fee for VA loan guarantees for life.

3.) 10% or more equals hearing aids in the future, all the better if you are service connected for hearing loss or tinnitus.

4.) 20% opens the door for Vocational Rehabilitation.

5.) 50 % or more = no copays at the VA hospital (I think) need to check that.

6.) Everything is fair game for service connected disability. VERY IMPORTANT things to remember about this.
a.) The VA is not going to tell your employer. Think hard about not telling an employer you have a problem as this could be grounds for dismissal, if they find out. However, your employer will not hear it from the VA and we sure as hell won't tell them what you are getting money for. The exception is if you are with the guard/reserves, there are matching requests that go back and forth between VA and the reserve components and these are mandated by the government and they will find out you're getting money from us only. We don't tell them what you are service connected for (the guard or the reserve)
b.) Whether or not you are working, the VA DOES NOT CARE. There is no conflict when you are service connected, unless you are drawing an unemployability (IU) rating (100 percent money without a 100 percent rating). BUT, it's entirely possible to 100 percent and full time employed and the VA does not care. It's just the unemployability rating that will be a problem with VA.

Everything is fair game for claiming, and you would not believe the claims the VA gotten, and what has been granted. I can pretty much promise VA won't grant service connection for flus, colds, freckles (unless they are premelanoma) and so on. Arthritis, hemorrhoids, Lou Gherig's disease, erectile dysfunction, all are legit claims. No such thing as a dumb claim, but they do love the funny ones.
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VAK
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Post by VAK »

Crash wrote:Ranger Wellfed,

Also make sure you have the doctors make actual diagnoses of any problems you have when you get your retirement physical. Also get yourself down to the VA and file the claim for service connected disability.

1.) If we grant a compensable claim (10 % or higher), you get money. If it's less than your retired pay, your pay will be reduced by what we grant, and you get a separate check from us. VA money is not taxable.

2.) Compensable ratings = waiving the funding fee for VA loan guarantees for life.

3.) 10% or more equals hearing aids in the future, all the better if you are service connected for hearing loss or tinnitus.

4.) 20% opens the door for Vocational Rehabilitation.

5.) 50 % or more = no copays at the VA hospital (I think) need to check that.

6.) Everything is fair game for service connected disability. VERY IMPORTANT things to remember about this.
a.) The VA is not going to tell your employer. Think hard about not telling an employer you have a problem as this could be grounds for dismissal, if they find out. However, your employer will not hear it from the VA and we sure as hell won't tell them what you are getting money for. The exception is if you are with the guard/reserves, there are matching requests that go back and forth between VA and the reserve components and these are mandated by the government and they will find out you're getting money from us only. We don't tell them what you are service connected for (the guard or the reserve)
b.) Whether or not you are working, the VA DOES NOT CARE. There is no conflict when you are service connected, unless you are drawing an unemployability (IU) rating (100 percent money without a 100 percent rating). BUT, it's entirely possible to 100 percent and full time employed and the VA does not care. It's just the unemployability rating that will be a problem with VA.

Everything is fair game for claiming, and you would not believe the claims the VA gotten, and what has been granted. I can pretty much promise VA won't grant service connection for flus, colds, freckles (unless they are premelanoma) and so on. Arthritis, hemorrhoids, Lou Gherig's disease, erectile dysfunction, all are legit claims. No such thing as a dumb claim, but they do love the funny ones.
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Bugsy
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Post by Bugsy »

Crash wrote:Ranger Bugsy,

Where did you send for your records. St. Louis or a VA regional office? Makes a difference.
My records are in St. Louis, and apparently somebody lost the fuckers during a review of my claim for a higher rating than zero percent. I've submitted two requests for copies of my med files while on AD.

Still waiting on the second request. But this issue is not at the top of my agenda, though I do appreciate your input. I'd like to get it resolved but the wheels turn slowwww.
1984 - 1985 5th Inf Div
1985 - 1986 75th Inf Ranger Regt
1986 - 1988 3/12 SFG (ABN)

The strength of the pack is the Wolf... and the strength of the Wolf is the pack... :twisted:
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rangermatt
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Post by rangermatt »

Have you had any luck with this? It occurs to me that the VA most likely has an Inspector General. If all else fails, you should be able to get stuff done through the I.G.'s office.

Also, we are in the 21st century. In 1989 when I got out, all records of this type were stored on microfiche. Nowadays they should be electronically imaged and stored if they were on file with the VA.

I dont' know the full situation, but send me a PM to my profile if you want help with this. I'm in Southern idaho so we aren't too far apart.

Matt
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Bugsy
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Post by Bugsy »

PM inbound
1984 - 1985 5th Inf Div
1985 - 1986 75th Inf Ranger Regt
1986 - 1988 3/12 SFG (ABN)

The strength of the pack is the Wolf... and the strength of the Wolf is the pack... :twisted:
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