Posted on Feb 19, 2020
How can I obtain a copy of my military medical records and the evaluation records of my claims?
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I was denied claims that pertain to injuries while I served. Also there were items spoken about that the physician never asked me or performed (VES) when going through my evaluation service. The letter I received back with denied claims was total BS
Disability
Department of Veterans Affairs (VA)
VA Claim
Posted 5 y ago
Responses: 8
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Someone provided the link to request military medical records.
Sign up for eBenefits. You can access your VA records, which should include the medical records VA used to reach their decision.
If there was evidence of a medical condition in the records provided the VA, and the VA failed to consider (addressed or not in the Final Rating Decision), that could be grounds to support a claim that the VA made a Clear and Unmistakable Error (CUE).
The VA is required to consider and make a decision on all medical conditions evidenced in the records provided, even if you didn't file a specific claim for that condition.
If you filed a Notice of Disagreement (NOD), you should have received a Statement of the Case (SOC). The SOC is a detailed explanation of the claim, evidence, standard, whether the condition was service connected (SC) or not service connected (NSC), and the decision reached. Use the SOC to identify records shortfalls, need for buddy statements, or other supporting evidence.
If you haven't filed a NOD, you should do so.
Calling the final decision "total BS" is vague. Where conditions omitted? Where conditions found to be NSC when you believe they are SC? Where the percentage disabling lower than you believe they should be?
Sign up for eBenefits. You can access your VA records, which should include the medical records VA used to reach their decision.
If there was evidence of a medical condition in the records provided the VA, and the VA failed to consider (addressed or not in the Final Rating Decision), that could be grounds to support a claim that the VA made a Clear and Unmistakable Error (CUE).
The VA is required to consider and make a decision on all medical conditions evidenced in the records provided, even if you didn't file a specific claim for that condition.
If you filed a Notice of Disagreement (NOD), you should have received a Statement of the Case (SOC). The SOC is a detailed explanation of the claim, evidence, standard, whether the condition was service connected (SC) or not service connected (NSC), and the decision reached. Use the SOC to identify records shortfalls, need for buddy statements, or other supporting evidence.
If you haven't filed a NOD, you should do so.
Calling the final decision "total BS" is vague. Where conditions omitted? Where conditions found to be NSC when you believe they are SC? Where the percentage disabling lower than you believe they should be?
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SGT Johnny Sayers Jr
I appreciate all the info. As far as total bs of the decision. In the statement they sent over data about my range of motion for some areas. I never had the chance to discuss the injured areas or was even tested for range of motion for these areas. That is just some of the bs
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1SG (Join to see)
SGT Johnny Sayers Jr if there was no measurement of range of motion, state that in your NOD, if it was required for the condition claimed. It was measured, or it wasn't.
Review the Disability Benefits Questionnaires (DBQs) for your conditions to see what the person performing the examination should have asked, and any range of motion measurements that should have been taken.
Your ability to discuss anything can be in the form of a personal statement, if you feel you weren't asked something relevant.
Review the Disability Benefits Questionnaires (DBQs) for your conditions to see what the person performing the examination should have asked, and any range of motion measurements that should have been taken.
Your ability to discuss anything can be in the form of a personal statement, if you feel you weren't asked something relevant.
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1SG (Join to see)
SGT Johnny Sayers Jr final suggestion. Review CFR 38 Part 4 for your medical conditions, and to see examples of what symptoms and limitations used to determine the percentage disabling, so you can properly articulate the same. Use the search tool on the Board of Veterans Appeals webpage to search decisions your conditions and see what resulted in successful versus denied appeals. The decisions provide explanations that are helpful.
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Go to your nearest V A Facility or a Reserve unit and find a Veterans Service Officer ( VSO ). They have the authority to see some records and can make claims on your behalf. Since I was retired with 10%, they now have assisted me through the channels and am at 60%. You can get reassessed once a year and even then, if your not satisfied, you can appeal.
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To obtain a copy of your VA medical records use VA Form 10-5345.
To request a copy of your service medical records use Standard Form 180.
https://www.va.gov/vaforms/form_detail.asp?formno=5345
https://www.archives.gov/veterans/military-service-records/standard-form-180.html
To request a copy of your service medical records use Standard Form 180.
https://www.va.gov/vaforms/form_detail.asp?formno=5345
https://www.archives.gov/veterans/military-service-records/standard-form-180.html
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SPC Richard Zacke
And it is exactly on point. If you still have trouble getting your records ask for help from the American Legion National Service Office. But from these two links that SGT Robert Pryor has sent you there should be no problem downloading and sending. When you recieve your medical records put them somewhere safe so you will not lose them. I lost mine and now the VA and the DoD they they have been misplaced...it's been two years now. Good luck.
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SGT Robert Pryor
SPC Richard Zacke - Actually, your advice goes hand in hand with mine. I hope anyone working on a VA claim follows your advice and contacts a nationally accredited veterans service organization and deals with a National Service Officer for assistance.
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