Medical Records question

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I was on active duty in the army a while ago. I was in from 89 to 92. I don’t even know if anyone can help me in here, but I thought it was worth a shot to see if anybody had suggestions.

I injured my back twice on active duty. I reported each time I was injured to my chain of command. Both times I was sent to our medics. Each time the medics gave me Motrin, put me on light duty and basically told me to suck it up.

Shortly after I got out, it must’ve been a month or two, I started experiencing back pain and sciatica. The back pain wasn’t frequent at the time. But the sciatica caused horrible pain when I had flareups. At the time, I didn’t realize there was a correlation between back injuries and sciatica. As time progressed the pain from both of them kept getting more and more.

In 2014 I requested my medical records as I was preparing to file a claim with the VA. National record archive never provided me a copy of my records at that time. in 2022 after nine written requests and for congressional inquiries, I received my records, However, they were incomplete. They waived several medical issues when I enlisted, they were missing. And the two times I injured my back, our medics reported I had a head cold with severe back pain.

So I gathered my proper documentation and filed a claim with the VA. I’ve been trying to find ways to overcome what they falsified in my medical records. For when I hurt my back. They denied my claim twice. I was even able to come into contact with a friend who was in my platoon. He was present when I injured my back one time. He wrote a witness statement, stating he was there, and he knew for a fact, my chain of command sent me to the medics.

does anyone know any way on how I might overcome the falsification of my medical record? I know it’s a shot in the dark, but I’m trying to do everything I can as far as researching.

Thank you.

[Usual_Suspect]

First off, I am not an Accredited VA Claims Agent, nor have I been employed by the VA. Little disclaimer, I have filed a few claims in the past, helped out a few buddies, one of which was the son of my Sales Manager, he was awarded 100% P&T a few weeks ago, it wasn't easy and took almost 3 years. Do not pay anyone, or seek an Attorney that is not VA Accredited, they are called claims sharks, and illegal in some states.

The NPRS has a note in my file, "Unable to locate Medical Records", and about 10 date stamps where I requested them, NPRS will likely never find them.
There is a chance the VBA may have a complete set in your C-File, they will not tell you if they do or do not, you have to request a copy. The VBA had a complete set of mine, including pre-enlistment documents and medical. I requested my C-File to see what was on the DBQ from my C&P Exam, low and behold, the VBA had a complete copy.
Like anything Government, this will likely take months to get. To get your C-File you need to ask for it, and you should have a copy to see what the VBA has in your Claims File.

Download the VA Form 20-10206
Fill out the form online or by hand. If writing by hand, print the requested information in ink neatly and legibly, and fill in the applicable circles. This will ensure that your form is processed quickly.
Pay close attention to Sections I, III, V, and VI.

Section III, Records You Are Seeking, click the radio button for “Claims File (C-File.” If you would also like to obtain additional documents, select them as well. Complete Section IV, if applicable.

Section V, Willingness to Pay Fees, enter a nominal amount such as “$50.00” even though no fees are usually required, I have not been asked for payment. Be sure to sign and date Section VI.

Submit your completed form via email to: FOIA.vbarmc@va.gov

To track the status of the request, it will take a week or two, it will show up where you see the claims you filed.

The VBA will either send you a CD Disc, USB Drive, and/or a link to download your C-File.

While you are waiting for it, hunt down where you went for treatment a few weeks after you separated, see if you can get a copy of the visit, and any other visits.

Read this:
https://www.ecfr.gov/current/title-3....309#p-3.309(a) and pay attention to the first paragraph.

Once you have the records from your treatment when you separated, file a Supplemental Claim, make sure you include the treatment records, they are considered New Medical Evidence, and allows a second bite at the apple so to speak. I would also include a strong personal statement outlining the sequence of events, subsequent treatment, and how it affects you today. The VBA only awards benefits based on how it affects you today.

If you are going to a C&P Exam, always download the DBQ prior to the examination, read it, and fill out what you can. While you cannot submit it, you know what to expect, and by making notes on it, don't forget anything. If you have a Private Dr, that Dr can fill out a DBQ and you can submit it as part of your claim. The DBQ's are available at https://www.benefits.va.gov/compensa...publicdbqs.asp

Unfortunately you have to spoon feed the VBA, and the VBA isn't helpful at all.

Good luck, do not give up.

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Any experience with medics lying in your records and a witness countering their report?