Acute and transitory injury probably not the basis for later disability claim

 Jim,

 I suffered a back injury while in a field training excersise. --may 2000. Reported the incident and was given pain killers by brigade medic. Months after that my supervisor informs me my unit could not locate my medical records. Supervisor wrote this down on two different counseling statements--that my "unit had lost (my)medical records" and that my "medical records could not be located".

 That was then. Now I'm trying to establish service connection but va denied claim arguing there is no medical records to support claim.

 How do I appeal to that position?? With the counseling statements mentioning my records were lost?

 Any input is greatly appreciated. Thank you.

 Reply:

 I believe this will be very difficult to claim as a service connected condition even if you had medical records.

 A back injury, as you describe it, is usually viewed as "acute and transitory". In other words, you had a strained or pulled muscle and that caused you to be in pain for a brief time. From what you tell me, about 13 years ago you had an injury, you saw a medic, not a physician, and other than a handful of some sort of pain relief pills, nothing else was done. You don't tell me of any x-rays, physical therapy or follow-up visits.

 Such events are common during field exercises or basic training and the effects aren't long lasting and no permanent damage is done. Then, if I read your message correctly, you didn't seek medical treatment for the back problem for the rest of your military obligation nor during the first year after you exited the military. As a rule, veterans who exit the military and then seek medical care during the following year are often given the benefit of the doubt and any conditions discovered are viewed as having originated during service.

 You also didn't define the problem to me in your communication. In other words, you didn't tell me that you now have a medical diagnosis made by a physician that you have a dislocated or fractured disk or something similar. One key to a successful claim is a current diagnosis that is unequivocal. For a veteran to claim a back problem isn't enough.

 I fear that even if you point out that the medical records that may have been generated by the medic are lost, VA will question the severity of any possible injury because you don't have a continuing pattern of seeking medical care for the injury during and after service. From the perspective of the VA, even if you may have had an injury in 2000, since you didn't seek continuing care for that injury it's plausible that you've now injured your back in 2013 and that it isn't service connected.

 Unless I'm missing some details that you didn't share with me, I don't see many opportunities for you to successfully continue the claim.