John Plahovinsak
On December 7, 2023, Senator Jon Tester introduced the Fred Hamilton Veterans’ Lost Records Act of 2023 to ensure veterans whose military records were lost by the U.S. Government through no fault of their own can still receive their earned Department of Veterans Affairs (VA) benefits.
The Senate Bill (S. 3452) was named after a retired Air Force Veteran, Fred Hamilton, who served in Vietnam, and other countries, and was exposed to deadly toxic chemicals. Veteran Hamilton’s military records were lost after being transmitted to the VA by the Department of Defense (DoD).
Without military treatment records, the USAF veteran is unable to prove his health conditions are service-connected and has been for decades denied benefits to which he is entitled.
The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act enabled the VA to grant part of Hamilton’s claim that was previously denied. However, Hamilton is still waiting on other benefits for other health conditions he cannot prove are service-connected, without the records that the VA lost.
The newly introduced bill would authorize the VA to grant disability compensation claims using other types of documentation in place of military treatment records for veterans whose records were lost after being transmitted to the VA by the DoD.
Over sixteen (16) million Army and Air Force military records were destroyed after a devastating fire in 1973 at the National Personnel Records Center (NPRC) in St. Louis. Because of the large quantity of records that were destroyed, the VA established a regulatory process for those negatively impacted by the conflagration.
The regulatory process was: veterans whose records were destroyed could use the next closest medical record or a “buddy” statement to meet the burden of proof required for VA health care and benefits.
The passage of the Fred Hamilton Veterans’ Lost Records Act would expand that 1973 regulatory process to all veterans whose records were lost by either the VA or DoD, not just because of the 1973 fire.
“When service members turn their medical records over to the federal government, they do so with the assurance that it will keep their records safe and secure,” stated Disabled American Veterans (DAV) National Commander Nancy Espinosa.
“However, as tragedies such as the 1973 National Personnel Records Fire in St. Louis demonstrated, that is not always the case – and it’s a situation that strips veterans of their ability to prove their disabilities are related to their military service,” continued National Commander Espinosa.
“It’s a complete and total failure that veterans whose medical records have been lost by the government aren’t given a fair shot at receiving the benefits and care that they have earned,” said Senator Jon Tester.
“Veterans like Fred (Hamilton) have been fighting for decades to prove their disabilities are related to military service all because of a mistake made by the Department of Defense and VA,” continued Senator Tester. “My bill will fix this injustice and ensure these men and women can receive their hard-earned benefits.”
“There are too many veterans out there that have no records due to circumstances out of their control. To deny them benefits is unjust,” said Fred Hamilton. “This bill would provide us the opportunity to receive the benefits promised and earned.”
“Far too many veterans have struggled to produce accurate medical records from decades ago service periods,” said VFW Associate Director of National Legislative Service,” said Quandrea Patterson.
“This issue is compounded,” according to the VFW Associate Director Patterson, “ for some veterans because their records were lost while entrusted to Federal Agencies such as the VA or DoD for accountability purposes.”
Several Service Organizations (VSOs) have gone on record to support Senator Testor’s legislative effort to ensure veterans, whose medical records were lost or destroyed. They are the American Legion; the Disabled American Veterans (DAV); the Veterans of Foreign Wars (VFW) and the VFW Department of Montana.
“The DAV supports S.3452, the Fred Hamilton Veterans’ Lost Records Act of 2023, which would authorize VA to grant disability claims,” concluded Espinosa, “using previous medical disability exams, credible buddy statements, or a statement from impacted veterans whose records were lost or destroyed through no fault of their own.”
My Opinion: It has been acknowledged that over 16 million Army and Air Force Records were destroyed by fire in 1973. The Department of Veterans Affairs (VA) instituted a regulatory process then that was used specifically for veterans impacted by the fire.
Currently, the VA has adopted the theory that the switch (“paperless”) to electronic health records (EHR) minimizes the risk of loss or damage for veterans’ records that Federal Agencies (VA and DoD) have in their possession.
However, the VA’s new EHR system has flaws in its system. The VA’s Inspector General (IG) in 2022 found that approximately 150 veterans records and referrals were lost at the VA’s Spokane Hospital.
Passage of S. 3452 will allow a backup system to be in place for lost military records, like the regulatory process used by the VA after the 1973 fire. I would join the above-cited VSOs and support Senator Tester’s bill. It’s only good “common sense”!
BioSketch: John Plahovinsak is a retired 32-year Army veteran, who served from 1967 to 1999. He is the Disabled American Veteran (DAV) Department of Ohio Hospital Chairman amd Adjutant of DAV Chapter #63 (Clermont County). He can be contacted at: plahovinsak@msn.com.