What to Do When Service Records Are Missing or Destroyed

What the Data Shows

We analyzed 810,000+ Board of Veterans' Appeals decisions and identified 841 claims where the Board acknowledged that service records were missing, destroyed, or unavailable. The results are striking:

In our BVA data, appeals where the Board acknowledged records were missing were granted at nearly 3 times the rate of direct service-connection appeals overall. The heightened duty to assist standard is one likely reason: it shifts how the Board weighs the evidence you do have. These are appeal-level patterns across decided cases, not a prediction for your claim, and appeals that reach the Board are already a selected group.

What Evidence Won These Cases

Top Conditions in Missing Records Cases

The most common conditions granted when records were missing: bilateral hearing loss and tinnitus (168 combined cases), followed by hypertension, back disabilities, and PTSD. These reflect the population of veterans most affected, Korean War and Vietnam-era service members whose Army and Air Force records were destroyed in the 1973 fire.

Source: RateMyVSO analysis of 810,000+ BVA decisions (1995-2026). These are appeal-level outcomes at the Board of Veterans' Appeals.

The 1973 NPRC Fire

On July 12, 1973, a fire broke out at the National Personnel Records Center (NPRC) in St. Louis, Missouri. It burned for 22 hours and destroyed the entire sixth floor of the building. Approximately 16 to 18 million military personnel files were lost. No duplicate copies or microfilm backups existed.

Which Records Were Destroyed

What Survived the Fire

• Morning reports for Army (1912-1959) and Air Force (1947-1959), saved before the fire spread
• Surgeon General's Office (SGO) extracts, 7.8 million individual hospital admission records salvaged between 1988-1990
• All Navy, Marine Corps, and Coast Guard records, stored on other floors
• Air Force records for surnames before "Hubbard" alphabetically
• Approximately 6.5 million partially burned records, indexed in a "B" (Burned) registry file

Source: National Archives, 1973 Fire. VA reference: benefits.va.gov/COMPENSATION/NPRC1973Fire.asp

The VA's Heightened Duty to Assist

When your service records are missing through no fault of your own, the VA has a heightened legal obligation to help you. This is not optional. It is established law from the Court of Veterans Appeals.

What "Heightened Duty" Means

Under the heightened duty standard, the VA must:

1. Search alternative record sources, morning reports, SGO extracts, unit records, pay records, and organizational records before concluding records are unavailable
2. Have you complete NA Form 13055 so NPRC can search for substitute records
3. Advise you in writing of your right to submit alternative evidence, buddy statements, personal documents, photographs, and other records
4. Give heightened consideration to lay evidence, your own testimony, statements from family and fellow service members, carry more weight than usual
5. Apply the benefit-of-the-doubt rule with heightened consideration, when evidence is roughly balanced, the decision must favor you
6. Provide thorough explanations in any decision about how evidence was weighed

What the Heightened Duty Does NOT Do

Per Cromer v. Nicholson (2005), the loss of records does not create a presumption of service connection. You still need some evidence supporting your claim. It just does not need to be as strong as it would if full records existed. The heightened duty increases the Board's obligation to evaluate what evidence you do have, but does not eliminate the need for evidence entirely.

Legal basis: 38 U.S.C. § 5103A (duty to assist), 38 U.S.C. § 5107(b) (benefit of the doubt), 38 CFR 3.159. M21-1, Part III, Subpart i, Chapter 2, Section C.

How to Request Your Service Records

Even if you suspect records may be missing, always start by requesting them. The VA needs documentation of the request and any negative response to trigger the heightened duty.

For Your Own Records

For Private Medical Records

If you have been treated by private doctors, you can either gather those records yourself or have the VA request them using VA Form 21-4142. Filing the 4142 invokes the VA's Duty to Assist. They must make at least two attempts to get the records and notify you if they fail.

Alternative Evidence When Records Are Missing

When service treatment records are unavailable, you are not out of options. The VA and NPRC maintain many alternative record sources, and you can submit personal evidence that the Board must consider.

Government Sources the VA Can Search

• Morning reports, Daily unit records documenting personnel present, casualties, transfers. Army (1912-1959) and Air Force (1947-1959) morning reports survived the fire. Request through NA Form 13055.
• Surgeon General's Office (SGO) extracts, 7.8 million hospital admission records maintained separately. Can corroborate in-service medical events.
• Unit records and organizational histories, Document what a unit was doing, where it was deployed, and what hazards it faced.
• Personnel records, May survive when medical records are destroyed. Include duty stations, MOS assignments, and service dates.
• ILER (Individual Longitudinal Exposure Record), Electronic record tracking potential exposures to environmental and occupational hazards throughout military career. Particularly useful for PACT Act claims. Currently accessible through VA and DoD, work with your VSO to obtain it.
• Pay records, Multiple name pay vouchers from the Adjutant General's Office or Government Accounting Office.
• State Adjutant General records, National Guard discharge documents and state-level copies of federal records.
• VA hospital records, Treatment at VA facilities is recorded separately from NPRC and was not affected by the fire.
• Entrance and separation X-rays, Maintained separately from other medical records.

Evidence You Can Gather Yourself

• Your DD-214, Many veterans or their families kept personal copies. County courthouses often have copies filed at discharge. This confirms service dates, MOS, duty stations, and awards.
• Buddy/lay statements (VA Form 21-10210), Fellow service members who witnessed the in-service event or can describe your condition. Be specific: names, dates, unit, what happened, what they observed.
• Your own detailed statement, Describe the in-service event, when it happened, how your condition has affected you since. Be consistent and specific. The Board found veteran testimony decisive in 90% of winning missing-records cases.
• Private medical nexus letter, A doctor's opinion that your condition is "at least as likely as not" connected to your described in-service event.
• Personal photographs and correspondence from the service period, Can establish presence at locations or participation in events.
• Employment medical examinations, Pre-service or post-service physicals that document your health before and after military service.
• Civilian medical records from the service period or shortly after separation.
• Insurance examination reports from the relevant time period.

Key Forms You Need to Know

The Formal Finding of Unavailability

When the VA cannot locate your records after exhausting all sources, they must issue a Formal Finding of Unavailability Memorandum. This is a legally significant document.

What the Formal Finding Must Include

1. Every request made and every response received
2. The specific records the VA could not obtain
3. The efforts the VA made to find them
4. What further action the VA will take on your claim
5. Notification that you can submit alternative evidence
6. A 10-day window for you to respond

Why This Document Matters

• It triggers the heightened duty, once the VA formally acknowledges records are missing, the O'Hare standard applies to your entire claim
• It strengthens benefit-of-the-doubt arguments, you can argue that missing records may have contained favorable evidence
• It makes lay evidence more powerful, with no competing service records, your testimony and buddy statements carry more weight
• It creates grounds for appeal if missing, if the VA denied your claim without issuing a proper Formal Finding, that is a Duty to Assist error that can be raised on Higher-Level Review or Board appeal

Legal basis: 38 CFR 3.159(e). M21-1, Part III, Subpart ii, Chapter 2, Section F.

Step-by-Step Action Plan

Whether your records were destroyed in the 1973 fire or are simply missing, follow these steps:

1. Request your records through eVetRecs or SF-180. Even if you suspect they are gone, you need the formal response documenting they are unavailable.
2. If records are unavailable, ask the VA to have you complete NA Form 13055 so NPRC can search morning reports, SGO extracts, and unit records. If the VA does not offer this form, request it. Failure to provide it is a Duty to Assist error.
3. Gather your own evidence in parallel. Do not wait for the VA:
   • Write a detailed personal statement describing the in-service event
   • Contact fellow service members for buddy statements (VA Form 21-10210)
   • Locate your DD-214 (check county courthouse if you do not have a copy)
   • Gather any personal photos, letters, or documents from your service period
4. Get a private medical nexus letter. A doctor's opinion connecting your current condition to the in-service event you described. This is especially powerful when combined with your credible testimony.
5. File VA Form 21-4142 for any private medical records you want the VA to request on your behalf.
6. Verify the VA issued a Formal Finding of Unavailability. Request your C-file and check. If they denied you without one, that is grounds for appeal.
7. If denied, appeal citing the heightened duty. Reference O'Hare v. Derwinski and the Formal Finding. Consider a Higher-Level Review (which can catch Duty to Assist errors) or a Board appeal.
8. If the VA or NPRC is unresponsive, contact your member of Congress. Every U.S. Representative and Senator has constituent services caseworkers who handle VA issues. They can submit a Congressional Inquiry to the VA or NPRC on your behalf. These get prioritized and can break through stalled records requests or claims. You do not need to choose just one. You can contact your House Representative and both of your Senators. Find yours at house.gov and senate.gov.

Key Case Law

These cases established the legal standards that protect veterans when records are missing:

M21-1 Manual References

These are the VA's internal procedures that raters must follow when records are missing:

• M21-1, Part III, Subpart ii, Chapter 2, Section F, Fire-related records, supplementary or substitute records
• M21-1, Part III, Subpart i, Chapter 2, Section C, Duty to assist with obtaining records
• M21-1, Part III, Subpart ii, Chapter 2, Section A & Section B, General procedures for obtaining service records
• M21-1, Part III, Subpart ii, Chapter 2, Section D, Control and follow-up of requests for service records

If you are filing an appeal and the VA did not follow these procedures, cite the specific M21-1 section as a Duty to Assist failure.

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