Does this sound familiar? It feels like you’ve been on the phone constantly since you filed your disability application. Although the VA is supposed to be helping you get your benefits approved, they can’t seem to locate the medical records you need to complete your claim—and until they do, your application is stuck in limbo. What can you do? How can you get the disability benefits you need if some of your medical records are missing?

If someone has told you that your files cannot be located, you should not simply give up on your attempts to find them. There are many instances where veterans have pursued their records requests diligently, and the records were eventually discovered. Here are a few additional things you can do to help a medical institution find your missing records:

The VA has a duty to continue to request medical documents needed for claims every two months, so be persistent.  Don’t give up hope if the missing records aren’t found on the first attempt.

Provide as many details as possible to help the VA in its search. Dates, locations, the name of your commanding officer, which unit you served in, as well as the names of people you served with can all be invaluable when tracking down lost records.

You may want to consider legal action. A VA disability attorney may be more successful when it comes to getting organizations to track records down. Your lawyer can take action against an institution that is stalling or hiding information, but they can also tell you if the VA is not being faithful in its duty to assist you in finding your records.

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 illness which caused your disability. 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. Personal evidence, such as a journal, photos, e-mails, or letters to your family can be used as proof, as well. Finally, if you were injured 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.

The attorneys at Cuddigan Law can help you find the evidence you need in your case, and we do not charge you anything unless we win you your VA disability benefits. Call us today for a free, no-strings-attached evaluation of your case.



Sean D. Cuddigan
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SSA and VA Disability Attorney in Omaha, Nebraska