RETRIEVING EVIDENCE FOR VA DISABILITY CLAIMS
One of the most difficult tasks for a Veteran when he is attempting to prove his claim for VA disability is finding evidence to support their claim. Service Treatment Records are reviewed to find any complaints, injury, or illness while the Veteran was in service. Post-military medical records are reviewed to show both a continuation of treatment after service and a current disability. The problem is that these records are not easy to obtain, if you can get them at all.
Veterans are often told that their records have been “lost.” This may be due to a number of issues, but the most commonly cited reason is the fire in St. Louis, Missouri that destroyed the paper files. If a Veteran’s service treatment records were destroyed in the fire, or the VA otherwise “lost” the records, the Veteran is to be given a heightened benefit of the doubt. Meaning, generally, that unless the VA can provide clear and unmistakable evidence that the statements of the Veteran are not true, then the Veteran’s statements are to be taken as credible.