How can I start a claim for disability if the VA lost my records?

2023-06-19T00:42:27-04:00

I have started the process several times over the past 20 years. Some how my records have been misplaced so my claims keep getting denied. What can I do?

Response by CSM Darieus ZaGara made Jun 19 at 2023 5:33 AM

2023-06-19T05:33:09-04:00

If you are a verified Veteran you should have proof of service as well as medical records. If you do not have records you can request a copy of your DD 214 from the archives as well as your medical records, hard and electronic.

As for the VA losing your records over a 20 year period, that is odd. They should have only taken a copy of your records and not the originals, those should stay with you.

I would contact the DAV, Legion, or VFW to seek guidance if you have been ignored by your local VA.

The process for submitting a claim has recently changed so the timing is probably right, I would get on it.

Response by COL Randall C. made Jun 19 at 2023 8:52 AM

2023-06-19T08:52:14-04:00

SPC Mark Roane, are you saying that the records you submitted with your claims are being lost/misplaced or are you saying that the records that 'should be there' within the military admin/medical systems are not there?

If the later, then what the VA will do is a 'best effort' to obtain them from 'the usual places'. However, if those records aren't there and you didn't point them to another place they would be (or, didn't submit a copy with your claim), they might not be able to find them. If that's the case, it's not on the VA, but on the record depository if they weren't able to get the records.

Your best option will always be to include copies of the records with your claim so you're not relaying on someone else to get them and/or giving specific information where the records are and drawing attention to specific dates, doctors, etc.

If you're referring to the first one, I have heard of isolated incidences where records that were included with a claim were separated and that impacted a decision (which is grounds for a Clear and Unmistakable Error (CUE) reconsideration), but I've never heard of that happening several times to the same individual. I would double-check the claim denial letter to find out exactly what is at the heart of the denial - is it that evidence of a illness/injury wasn't proven? That the illness/injury wasn't shown to have occurred during military service and/or caused by your military service?

If records are missing from the repository they are supposed to be in, there are alternative ways that can be used to support your claim. Keep in mind that if it's not an illness/injury that a presumptive connection
has been established for, you'll have to prove that you have an illness/injury and that the illness/injury is directly caused by, or has a proximate cause from, your military service. If the records are missing, then your best option is to help recreate the records by providing as much information as possible as well as supplemental records (look at the page* the VA has on the missing NPRC files to get an understanding).
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* https://www.va.gov/records/get-military-service-records/reconstruct-records/

Reconstruct military records destroyed in NPRC fire | Veterans Affairs

In 1973, a fire at the National Personnel Records Center (NPRC) in St. Louis, Missouri, destroyed the records held for Veterans who were discharged from the Army and Air Force during certain periods of time. Find out if your records may have been destroyed in this fire, and how to reconstruct your records to support a VA disability compensation claim.

Response by SSgt Christophe Murphy made Jun 20 at 2023 8:05 AM

2023-06-20T08:05:43-04:00

So the VA fully lost your records? I would start by requesting your medical records from your branch of service. Once you have your DD214 and medical records in hand I would suggest getting a veteran service officer to build and submit your claim. All of those things together should remedy whatever problems you are running into.

Response by SMSgt Guy Garfinkel made Jun 22 at 2023 10:27 AM

2023-06-22T10:27:03-04:00

If the VA is stonewalling your efforts to file a claim, then if you have not already done so, contact the nearest DAV Office and talk with them. They are a great organization and helped me settle issues with VA that my VSO was unable to accomplish. I am not a life member of the DAV. Great Organization.

Response by SMSgt Guy Garfinkel made Jun 22 at 2023 10:28 AM

2023-06-22T10:28:32-04:00

I just reread my comments below. I AM a LIFE MEMBER of the DAV! My spelling error.

Response by Maj Kim Patterson made Jun 25 at 2023 2:47 PM

2023-06-25T14:47:12-04:00

They conveniently lost some of mine too.