Your situation is a records management issue, not a loss of your disability benefits, and you must act to reconstruct the file to obtain your prescribed CPAP equipment. Your 2021 rating decisions for sleep apnea and hearing loss are permanent legal determinations; the VA cannot revoke these without due process (38 CFR 3.105). The missing test results are the supporting evidence, not the rating itself. First, immediately file a Privacy Act request (VA Form 20-10206) with the VA's Records Management Center for a complete copy of your claims file (C-File), which by law contains all evidence used in your rating, including those tests. Concurrently, request your VA medical records via a My HealtheVet "Blue Button" report or through the Release of Information office at your VA Medical Center. If these avenues fail, you can submit a sworn statement (VA Form 21-4138) detailing the circumstances, citing your prior rating and the clinic's inability to locate the records, which the VA must consider as evidence under *Buchanan v. Nicholson*. For the immediate need for a CPAP, contact the Patient Advocate at your clinic and your VSO; they can often facilitate a new consult based on your established service-connected disability without requiring you to restart the entire claims process. The VA has a duty to assist, but you must trigger it by formally requesting these records.
*Disclaimer: This information is for educational purposes regarding VA procedures and is not legal, medical, or official claims advice.*
Need a deeper analysis?
Our AI analyzes your specific situation against thousands of BVA decisions.
Analyze Your Claim Free