The C&P examiner flips through the service treatment records. Nothing. No complaints of back pain. No knee injury. No documented TBI. The examiner closes the file and writes: "No evidence of in-service injury. Claim denied."
But here's what the examiner missed: Many service-connected conditions don't show up until years after discharge.
Silent service records don't mean the injury didn't happen. They mean the veteran didn't report it—or couldn't recognize it—at the time. And thanks to landmark case law and modern medical science, you can still win.
The Legal Foundation: Buchanan v. Nicholson
Buchanan v. Nicholson (2006)
451 F.3d 1331 (Fed. Cir. 2006)
The Rule: A veteran does not need to show contemporary medical evidence of an in-service injury if they can establish:
- A current disability
- An in-service event, injury, or stressor
- A medical nexus linking the two
What It Means: Even if the service records are silent, a veteran can establish service connection through credible lay testimony about the in-service event and a medical expert opinion linking that event to the current condition.
This is huge. Before Buchanan, the VA routinely denied claims where service records didn't document the injury. Now, the law is clear: absence of evidence is not evidence of absence.
Why Service Records Are Often Silent
There are many reasons a veteran's injury might not appear in their service records:
1. Asymptomatic or Latent Conditions
Some conditions—like degenerative disc disease, osteoarthritis, or chronic pain syndromes—don't cause symptoms immediately. The injury occurs in service, but the veteran doesn't feel pain until years later.
2. Military Culture and Career Concerns
Veterans often don't report injuries for fear of:
- Being seen as weak or unreliable
- Losing their security clearance
- Being reassigned or medically retired
- Delaying their unit's deployment
This is especially true for musculoskeletal injuries, mental health conditions, and chronic pain.
3. Limited Access to Medical Care
In combat zones or field environments, medical care is limited to emergencies. Minor injuries—sprains, strains, concussions—often go undocumented because there's no time, no resources, or no medical staff available.
4. Misdiagnosis or Missed Diagnosis
Service members may have reported symptoms, but the condition was misdiagnosed or dismissed. For example:
- A mild TBI diagnosed as "just a headache"
- PTSD symptoms attributed to "stress" or "adjustment issues"
- A herniated disc missed on initial X-ray (before MRI was ordered)
Medical Reality: Delayed Onset Is Common
Many orthopedic and neurological conditions have a delayed onset of symptoms. For example:
- Degenerative disc disease: Trauma accelerates degeneration, but symptoms may not appear for 5-10 years.
- Post-concussion syndrome: Cognitive and emotional symptoms can emerge months or years after a TBI.
- PTSD: Many veterans don't develop full-blown PTSD until after discharge, when they're no longer in "survival mode."
This is not speculative—it's evidence-based medicine. And it's your strongest argument.
How to Win with Silent Service Records
Step 1: Establish the In-Service Event with Lay Evidence
Under Buchanan, the veteran's credible lay testimony is sufficient to establish an in-service event. This can be supported by:
- Veteran's own statement: A detailed account of the injury, with dates, locations, and circumstances.
- Buddy statements: Statements from fellow service members who witnessed the event.
- Service records showing deployment or duty assignments: Even if the injury isn't documented, records showing the veteran was in combat, on a ship, or in a high-risk environment help establish plausibility.
Step 2: Get a Medical Nexus Opinion That Explains the Delay
Your medical expert needs to do two things:
- Explain the pathophysiology: Show that the veteran's current condition is consistent with the in-service event, even if symptoms were delayed.
- Address the silent records: Explain why the injury might not have been documented at the time (asymptomatic, misdiagnosed, or unreported due to military culture).
Example Nexus Statement
"It is at least as likely as not that the veteran's current lumbar radiculopathy is related to the 2010 parachute landing injury. Degenerative disc disease often has a delayed onset of symptoms, particularly when the initial injury involves axial loading and compression. The absence of contemporaneous medical records does not rule out the injury—many service members do not seek treatment for musculoskeletal injuries at the time they occur. The veteran's credible account, combined with the documented MRI findings showing L4-L5 and L5-S1 degeneration, supports a nexus to the in-service event."
Step 3: Rebut the VA's "No Evidence" Argument
The VA will argue that "there's no evidence in the service records." Your response:
- Cite Buchanan v. Nicholson: The law does not require contemporary medical evidence.
- Present lay evidence: The veteran's testimony is evidence. Buddy statements are evidence. Deployment records are evidence.
- Use medical literature: Show that delayed-onset symptoms are medically recognized for the claimed condition.
Common Conditions with Silent Records
These conditions frequently present with delayed symptoms and are often denied due to silent service records:
- Degenerative disc disease / chronic back pain
- Knee and shoulder osteoarthritis
- Post-traumatic stress disorder (PTSD)
- Traumatic brain injury (TBI) / post-concussion syndrome
- Hearing loss and tinnitus
- Sleep apnea (secondary to PTSD or weight gain from medications)
For each of these, a well-supported nexus opinion can establish the link even without contemporaneous records.
Why C&P Examiners Get This Wrong
Many C&P examiners are trained to look for documented evidence in the service records. If they don't see it, they assume it didn't happen. This is a fundamental error because:
- It ignores the legal standard set by Buchanan.
- It disregards credible lay testimony.
- It fails to consider the medical reality of delayed-onset conditions.
Your job is to educate the Board—through expert testimony and legal argument—that silence in the record is not the same as absence of injury.
The Bottom Line
Silent service records are not a death sentence for a VA claim. With credible lay evidence, a strong medical nexus opinion, and the right legal arguments, you can prove service connection even when the records are blank.
Need a Nexus Opinion for a Delayed-Onset Claim?
I've written hundreds of nexus opinions for conditions with silent service records. I understand the medical science of delayed onset, and I know how to address the VA's objections in a way that the Board will respect. If you need an expert opinion that bridges the gap between the silent records and the current disability, let's talk.
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