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C File Request

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jalexand

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I just sent a request under FOIA to get a copy of my VA Claim file and got back a letter of acknowledgement for the request in which they state that they will do so but they have included statements like "to inform you of the decision to grant to you access to the requested records if found, and not expempted from disclosure by law". Exactly what records would they be talking about? Nothing in my file that shoudl be "top secret". I don't get this.

Jim

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  • HadIt.com Elder

I just sent a request under FOIA to get a copy of my VA Claim file and got back a letter of acknowledgement for the request in which they state that they will do so but they have included statements like "to inform you of the decision to grant to you access to the requested records if found, and not expempted from disclosure by law". Exactly what records would they be talking about? Nothing in my file that shoudl be "top secret". I don't get this.

Jim

This is an interesting one, since the VA's decision to exclude certain records is very subjective.

For instance, When a veteran has physiological problems, records concerning the problem may be excluded if someone decides that a veteran's knowledge of them might be "detrimental" to the veteran.

VA internal records concerning a decision, usually a denial, that contain information as to the real process that occurred (who what, where, etc.) may be excluded as making public details that the VA wishes to keep a secret.

Most common is preserving anonymity of the decision makers. You may also find that medical records that have the possibility of documenting VA medical malpractice are not included, or somehow "no longer exist".

When it comes to the VA, forget "open government". After all, just think how much hate and discontent or legal action might ensue if it could be proved that a veteran's file and claim "just set on an identifiable person's desk, etc." for months at a time.

What gets me is that the VA may provide a veteran's lawyer with a "certified copy" of the "C" file that does not agree with what they furnish the same veteran. On top of that, may of the copies suffer from "put the file in the copier and let it rip".

The resulting copy may have missing pages, or pages that were fed two at a time by the document feeder, resulting in a narrow band of one page, and a full copy of another page superimposed over the first page. Pages that supplement military treatment records, such as opinions by treating military doctors stating "duty related" may also be missing. Inconvenient records of flawed old VA denials that are "CUE"able may also be "missing". Since that VA has it's hands on the "original", anything can and has happened. (To the point that the true custodians of the records are complaining that the VA has compromised the integrity of service medical records.

NEVER, NEVER allow or cause the VA to get it's grubby's on your records until you have a copy direct from the records center (usually the St. Louis center). If you have the capability, digitize the records, and make two DVD or CD copies.

Edited by Chuck75
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  • HadIt.com Elder

These are records I requested the VA obtain.

You said:

"What if they are mental health records I provided to the VA from private hospitals?"

And I said:

"Then you should have copies of them. Right?"

So:

I'm trying to understand where my knowledge of the English language is lacking?

Nu?

See, I figure that if you "provided to the VA" then you should have kept copies of those health records that "I provided to the VA". Or, at least normal peeps would have kept copies, si'?

Never mind, I'm gonna go barbeque a goat.

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You said:

"What if they are mental health records I provided to the VA from private hospitals?"

And I said:

"Then you should have copies of them. Right?"

So:

I'm trying to understand where my knowledge of the English language is lacking?

Nu?

See, I figure that if you "provided to the VA" then you should have kept copies of those health records that "I provided to the VA". Or, at least normal peeps would have kept copies, si'?

Never mind, I'm gonna go barbeque a goat.

Thanks for your kind comments, I guess I'm not a normal person. I have PTSD and have been through ECT treatments. I will not bother you again.

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  • HadIt.com Elder

To carry things a bit further--

If you suspect that the VA may not give you a "complete copy" of your medical records, You can try such things as filling out the request form(s) so that the records are sent to your private doctor. Next ask the doctor if he/she would cite "medical necessity" on an attached note or perhaps even in the "other" box on the form(s).

If the VA still fails to provide the records, this can provide the basis for a malpractice action.

As to non VA medical treatment records in your VA file. If the contents of your file are or to be used for treatment or in a VA claims process, you are entitled to know what is in the file.

After all excluding such records can result in improper medical treatment, or compromise a claims adjudication process.

Edited by Chuck75
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