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Missing VA Records? What if you have NO Records?

By Douglas I. Friedman of Friedman Law Firm, P.C.

Tuesday, January 5, 2021

What happens if the VA loses your records? Or, there are no records in the first place? Or, those records are top-secret and can’t be accessed? These situations are more common than you might think, so don't give up hope! What should you do? Well, that depends on how hard you want to fight.

No doubt, a case without supporting written records may be difficult to win. Without any documents to support a claim, the only evidence may be your testimony. But, this is not impossible to overcome.

At the initial application level, a claim without records will usually be denied. The VA employee making that decision does not have much discretion. But, as your case moves up the ladder, the decision-maker at each level has more discretion.

I have been told by VA employees, for example, that their decision may be reversed by a judge at the Board of Veterans Appeals. The VA employee simply does not have the authority to do what the judge can do.

If your claim is denied at the regional office, you can appeal it and request a hearing before a Veterans Law Judge at the Board of Veterans Appeals. At the hearing, you can tell the Judge about your claim and explain why there are no records to support it.

Judges would rather see documents, of course, but a Judge can get around the issue. A judge knows that often records may not exist to confirm your claim. Regardless of the reasons, at the hearing you have the opportunity to persuade the judge to grant your claim.

Sometimes, in spite of our best efforts, we end up in court without supporting documents. In those instances we go over your testimony with you, so that you know what to expect and have practiced what you are going to say. Usually we do this at least three times before hearing. First, we speak with you by phone several weeks before the hearing. Then, we go over everything a few days before the hearing-- either at our office or on the phone. And the third time we discuss and prepare for the hearing is the day of the hearing, at the hearing location.

At each stage of preparation we have different topics to discuss with you, so that by the time of the hearing, you will be familiar with what to say and what to expect. The bottom line is that if the Judge finds your testimony credible, the Judge is more likely to grant your claim.

If you have any questions about how to prove your case, call us at 205-879-3033 or email LifeHealth@FriedmanFirmPC.com. We look forward to helping you!

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