If VA receives or associates with the claims folder additional qualifying service records that existed and had not been associated with the claims folder when VA first decided a claim, VA will reconsider the claim under the provisions of 38 CFR 3.156(c).
Full Answer
What happened to all of the VA records?
Although medical evidence at that time revealed the existence of “lumbosacral strain,” service treatment records (STRs) did not reveal treatment in service. On March 3, 2003, VA received additional STRs not part of the claims folder at the time of the original decision and that revealed treatment in service for a low back injury. Assuming that a current disability and link to service …
How often does the VA look for missing medical records?
Jun 26, 2016 · In your case "when VA first decided the claim" means 1950. 3.156 is all about new and material evidence. Subparagraph (c) pertains to service records. Once you submitted the service records in 1953, they were no longer new. That's when 3.156 (c) applied in your case. Any benefit of those provisions ended in '53.
Can I receive VA disability benefits with lost service records?
The fact that the medical records are missing should have no bearing on the doctor's opinion, and he should accept the veteran's testimony of treatment after service. Given that the veteran can show continuous treatment through his testimony, the VA doctor should change his medical opinion and show that it is related to service. For further reading, see the case of Jandreau v. …
What happens if VA receives or associates additional qualifying service records?
Many veterans have received letters from the VA stating that their medical records cannot be found. However, the VA has a duty to continue to request medical documents needed for claims every two months, so don’t give up hope if the missing records aren’t found on the first attempt. Provide Details. If you are trying to locate information in a service medical record, you should …
What to do if the VA lost my medical records?
For veterans who are looking to reconstruct their service records, they will need to fill out the “NA Form 13055, Request for Information Needed to Reconstruct Medical Data.”Nov 8, 2020
Can you claim VA disability without medical records?
If veterans do not have service personnel records or service medical records related to their in-service event, injury, or illness, they may consider submitting other forms of competent and credible evidence, such as lay testimony.Apr 20, 2020
Does VA make mistakes on claims?
You may be able to win an appeal if you can show that the VA made a mistake on your claim; for instance, the VA evaluated your disability under the wrong code in the Schedule of Rating Disabilities, which gave you a lower rating. Sometimes veterans are denied benefits because of procedural mistakes made by the VA.
What are VA service treatment records?
Service treatment records (STRs) are the chronological medical records of a service member. STRs should include all medical, dental, and psychiatric treatment a Veteran received while in the Armed Forces. These records are key to your VA disability claim.Jun 19, 2020
Can VA denied a claim without a C&P exam?
C&P exams are, technically, not required in every case. Specifically, if a veteran's initial application, or claim, for benefits is submitted with all the required information, documentation, and lay evidence necessary for a favorable decision, then VA may not need to schedule a C&P exam before issuing a rating.Oct 2, 2021
What is the VA 5 year rule?
The five-year rule states that the VA can't reduce a veteran's disability that's been in place for five years, unless the condition improved overtime on a sustained basis. The veteran will likely need to present medical evidence to prove the material improvement of their condition.Apr 7, 2022
What happens if you ask VA to decide your claim?
When you click the button to ask the VA to decide your claim, it covers the 5103 Notice Acknowledgement and notifies the VA that the Veteran is not submitting anymore evidence. It can potentially speed up the claim process, but not by much, since a lot of the process depends on the C&P exam.Mar 8, 2021
What does it mean when the VA says we closed the notice for Request 2?
Your Supplemental Claim was closed We closed your Supplemental Claim. This may be because you didn't take an action VA requested.Mar 11, 2022
How many times can you appeal a VA claim?
There is no limit to how many times you can appeal different applications. You should submit new evidence with each claim. The best way to win an appeal is to do it right the first time. The VA disability appeals process can take years.Jul 25, 2021
How do I find my military records for free?
Types of Military Records You can find veterans' military service records from World War I to the present from the National Personnel Records Center (NPRC). The NPRC houses many types of records, including Official Military Personnel Files (OMPF).Mar 17, 2022
Which of the following documents is included in service treatment records?
a. Definition: STRsphysical examinations, including entrance and discharge physical examinations, as needed.the veteran's medical history.all dental examinations and records.clinical record cover sheets and summaries.entries from outpatient medical and dental treatments.physical profiles.medical board proceedings, and.More items...•Sep 13, 2002
How do I find old military medical records?
Veterans who filed a medical claim should contact the Department of Veterans Affairs (VA) in order to determine if their record is already on file. The VA Toll Free # is: 1-800-827-1000 - it will connect the caller to the nearest VA office. Use eVetRecs to Get Copies of most Health & Medical Records.Oct 22, 2019
Can the VA ignore lay testimony?
Under a reasonable interpretation of the Buchanan and Jandreau cases, the VA is not permitted to ignore lay testimony of post-service treatment. The fact that the post-service treatment records are missing should make no more difference than missing service records.
Is the VA opinion going to be thrown out again?
The VA doctor is going to have to provide a new opinion, one that takes into account that the veteran continuously sought treatment for his back during the 12 year gap. The fact that the medical records are missing should have no bearing on the doctor's opinion, and he should accept the veteran's testimony of treatment after service. Given that the veteran can show continuous treatment through his testimony, the VA doctor should change his medical opinion and show that it is related to service.
How often do VA medical records need to be requested?
However, the VA has a duty to continue to request medical documents needed for claims every two months, so don’t give up hope if the missing records aren’t found on the first attempt. Provide Details.
What evidence can be used to prove a medical injury?
Personal evidence, such as a journal, photos, e-mails, or letters to your family can be used as proof as well. Lastly, you can ask someone who was present at the time of your injury (usually someone in your unit) to write a letter describing the incident.
Can a disability attorney take action against a VA institution?
Don’t Rule Out Legal Action. A VA disability attorney may be more successful when it comes to getting organizations to track records down. An attorney can take action against an institution that is stalling or hiding information, but he can also tell you if the VA is not being faithful in its duty to assist you in finding your records.
Can you win a VA disability case if you can't find medical evidence?
If several attempts to find the missing medical evidence have failed, you can still win your VA disability case if you can find other evidence of the accident or treatment. The evidence in your file may show a sudden drop off in health or a leave from duty that can support your assertion that an event occurred.
When were veterans records lost?
Many of these records were lost in a fire in 1973 at a St. Louis warehouse where veterans records were kept. Some veterans have found that the VA does not even know when they served due to missing records. Veterans can submit statements from friends. Many people call these “Buddy Statements.”.
What is a VA disability buddy statement?
VA disability benefits Buddy Statements are simply written documentation from friends that you served with. Buddy Statements can help prove when and where a veteran served. Sometimes the Veterans Administration loses medical records.
Do veterans need medical records?
Veterans Disability Benefits do require medical records, however, you can compile your own medical records. These records would be from your personal doctors or any records you kept from your VA doctors. Once again, veterans may use Buddy Statement to show when a condition began or worsened.
Why are there no veterans records?
Whatever the reason, just because there are no records does not always mean that the Department of Veterans Affairs won’t grant service connection. Here, we will cover how to prove a service-connected disability, and obtain VA disability benefits, without service treatment records.
What is the duty of the VA?
The VA has a “duty to assist” by law. The law, the Veteran’s Claims Assistance Act (VCAA) defines the VA’s role and responsibilities in assisting veterans in developing their claims by attempting to obtain evidence from Federal agencies and providing a VA medical exam or a medical opinion if deemed necessary.
Why do military members not want to go to the doctor?
There are many reasons why, but one of the main reasons is that active duty military members do not want to go to the doctor for fear of being medically discharged for a medical condition that is potentially going to limit them from doing their job.
What if they don't exist?
Rather, it comes from individuals like fellow service members, family members, and even coworkers. These are individuals who can speak about the in-service event and/or the affects of the current disability.
Who is Cassandra Crosby?
She has over 20 years of experience of management of non-profits programs in Mental Health, Substance Abuse, and Victim Services. She started at Hill & Ponton in the Spring of 2016. She is currently focusing on reviewing files for evidence that can be beneficial to disability claims. She is a Florida native and is also a full time student working on a Bachelor’s Degree in Legal Studies.
Is an old fracture on X-rays credible?
However, the current X-rays do not show evidence of an old fracture. Therefore, that would not be a credible statement because the current evidence disputes the lay statement. If a mother makes a statement that her veteran son, who was on a ship, had bronchitis.
Can veterans have a representative to assist with a claim?
Having a representative to assist with the claim can also help provide veterans with researchers who can try to find that evidence to prove the claim. It does not always work, the road is not always smooth and straight, but if you do not try, the answer will always be no.
Why are my veterans records not available?
Sometimes they get lost, you may have been treated at a civilian medical center and the records got mishandled or destroyed, or you may not have reported your condition for fear of being medically discharged. These situations have happened to many veterans.
What is VA claims insider?
VA Claims insider is an education-based coaching/consulting company. We’re here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. We also connect veteran s with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible Independent Medical Opinions & Nexus Statements (Medical Nexus Letters) for a wide range of disability conditions.
What is a buddy statement?
Buddy statements are official statements given by fellow service-members who served with the veteran making the claim to the VA. These statements are their testimonies of an event and the injury related to the event that the veteran making the claim suffers from.
What is service connection?
Service-connection is the term often used by the VA meaning that there is a link between the current status of a debilitating condition to an event or incident that occurred during a veteran’s time in military service. Another word for this link that may be used is “nexus.”.
What is lay evidence?
Lay Evidence is the term applied to any evidence not provided by professional sources. Basically, it is witness testimony. The VA will look to people who knew the veteran during their time of service that can testify to the health of the veteran before and after an event that occurred during service.
Where were the medical records of the Air Force destroyed?
For example, in 1973 there was a fire at the National Personnel Records Center in St. Louis, MO, where a great number of discharged Army and Air Force veterans had their medical records stored. Many of the records were destroyed in the fire, leaving those veterans to figure out other ways to validate their VA claims.
Can disabled veterans get VA medical records?
Many disabled veterans worry about receiving a service connection without va medical records. As with every job, it’s nearly impossible to keep perfect records of everything that occurs in the military during your service time. Unfortunately, this can cause issues if a veteran received an injury or debilitating condition due to an event occurring ...
Why is my VA claim denied not service connected?
VA claim denied not service connected due to “No evidence of current disability symptoms”. This is another very common reason why a veteran sees “VA claim denied not service connected” or they receive a low-ball rating. CFR Title 38, Part 4, the VA Schedule of Ratings is the law governing all VA disability conditions.
Why is my VA claim denied?
VA claim denied for “No medical diagnosis of a disability”. No Medical Diagnosis of a Disability. In our experience, this is one of the most common reason why a VA claim gets denied. The veteran failed to show a clear medical diagnosis of a disability in his/her service treatment records, aka, your military medical records.
What does it mean when VA says "not service connected"?
Thus, if you’ve ever logged into your eBenefits or VA.gov account and you see disabilities that say “not service connected” it means that the VA Rater doesn’t think your disabilities were caused or made worse by your active duty military service.
What does equal weight mean in probative value?
Probative value simply means, “The ability of a piece of evidence to make a relevant disputed point MORE or LESS true.”. Probative evidence must be.
How to prove service connection?
There are two main things you can do here to help prove service connection: 1 Get a Buddy Letter from a first-hand witness 2 Obtain a competent and credible VA Nexus Letter from a private medical provider
How long do you have to be out of the military to qualify for VA disability?
If you’ve been out of the service for 5, 10, 20, or 30 plus years, it’s typically more difficult to prove a nexus, although not impossible.
What is the logical link back to your active duty service?
The logical link or connection back to your active duty service (aka, the “nexus”) needs to be clear, and you as the veteran needs to prove it on an “at least as likely as not” basis, which thankfully, is a relatively low burden of proof.
What are VA service records?
These records can include: Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements are met.
How many times can a veteran receive a VA award?
If an effective date of 5 years earlier is awarded, the veteran would be entitled to five times the award granted by VA.
What happens if the effective date is incorrect?
If the effective date is incorrect, then a veteran is likely being deprived of the correct compensation they are entitled to. For example, an award with an effective date one year earlier would entitle the veteran to one year of retroactive benefits. But, if the effective date may be earlier, perhaps years earlier, ...
Why is an earlier effective date important?
As mentioned above, an earlier effective date is important because it could result in a veteran receiving more retroactive benefits. Generally, the earlier the effective date, the more retroactive benefits VA must pay. Retroactive benefits are the monies VA owes to a veteran for the time ...
What is the effective date of VA disability?
The effective date is a crucial part of any award of VA disability benefits. As part of an award of benefits, VA establishes an “ effective date ” of the award, which directly corresponds with how much compensation they will receive. Securing the earliest possible effective date is a crucial part of any claim, as establishing an earlier effective ...
What is a clear and unmistakable error?
A clear and unmistakable error (“CUE”) is a rare type of error made by VA that could potentially result in an earlier effective date for benefits. CUEs are a way for a veteran to challenge a final VA decision, meaning a decision that the veteran did not appeal within the proper appeal period.
What is 3.156 B?
Under 3.156 (b), if a veteran submits new and relevant evidence within the appeal period of a decision from the Regional Office (RO), and VA does not provide notice or a determination as to whether that evidence is new and material, the veteran may be able to argue that their claim is still open with VA.
