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HorizontalMike
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My TBI rating was recently increased from 40% to 70% AND I was granted 100% TDIU (Dec 2015). Still waiting on my lawyer to appeal retro-dates and to finalize the P&T portion of TDIU. I am 63 YO.
I was also awarded "Dependents Educational Assistance" (under title 38, United States Code, Chapter 35). According to VA testimony on TDIU (http://www.va.gov/OCA/testimony/svac/05102720.asp : "...To be eligible for both of these benefits, the veteran’s IU determination must be considered permanent. Permanency for eligibility to Chapter 35 and CHAMPVA requires that there not be a future examination scheduled..." Thus far I have only received a "Summary of Case", but am STILL waiting on the formal "Rating Letter". A small retro check has already been deposited in my account, so this is moving forward but not finalized.
The way my attorney explains 100% P&T TDIU, once you have THAT, do NOT rock the boat! In other words, DO NOT give the VA any opportunity to reopen your file, ever!
MY QUESTION: I am still a bit confused regarding what my attorney explains and what I have found on another website RE 100% TDIU. Am I STILL AT RISK OF LOSING MY TDIU? FWIW, looks like the VA is going to deny my MD and OSA as NOT SC. Don't know if that is a bad thing or just a distraction...
From my attorney, RE my claims appeal:
"... If there is a disconnect from what I was explaining and how you were understanding then I am happy to clarify but I stand by what I said because I have witnessed it first hand in cases I have personally handled. When a veteran is deemed P&T there is a determination that he/she will not be scheduled for any future exams and the claim will not be reviewed. Mr. xxxxx is most likely referring to veterans without that particular finding. Second, I agree that a schedular 100% rating is the better benefit when compared to IU but what you are missing is that just because you are at a schedular 100% does not mean you are automatically P&T. Being 100% schedular is not a one way street. Without the P&T finding, a 100% schedular rating is just a rating that is subject to future exams and decreases like any other rating. If they decreased your TBI rating there goes your 100% schedular rating. So when you assert that TDIU is not enough without “specific protections” you are not making sense. You are not granted TDIU if you are schedular 100%. If you are schedular 100% then you are still subject to future exams and decreases because there are no “protections” involved. The only way to avoid future exams and future reductions is with a P&T finding and that applies to IU or schedular 100%. Adding additional claims to get you to 100% does nothing unless you are P&T..."
HOWEVER, I found the following on another website RE the P&T Rating:
https://www.vawatchdog.org/permanent-and-total---p---t-.html
What is a Permanent & Total rating?
"...In the language of your VA, the word permanent does not mean that your benefit is permanent! To have a 100% P & T rating only implies that your dependents are eligible for benefits like DEA & CHAMPVA. Your rating is NOT protected! There is but one way to achieve a "protected" rating...you must hold it uninterrupted for 20 years. Until you've held the rating for 20 years VA may contact you at any time to evaluate (and lower) your rating.
How do you know if your rating is temporary or permanent? You go to your original award letter and look for the secret codes VA likes to use to confuse you. If your award letter says "No future exams are scheduled..." that means that your rating is permanent. If you see "Eligibility to dependents Chapter 35 DEA / CHAMPVA are established", your rating is permanent. Those phrases may differ from one VA Regional Office (VARO) to the next but there should be something similar on your award letter.
If you see "Future exams are scheduled" or similar, or no reference at all to future exams or other dependents benefits, your award is probably temporary. VA establishes the rating as permanent when there is little chance that the condition will improve. VA makes a lot of mistakes when establishing the permanence of a rating. It's up to you to know what to do...nobody will do this for you.
As a rule, most mental health conditions and cancers will be temporary ratings. A veteran must hold a 100% permanent rating for 10 years, uninterrupted, for his/her family to be eligible to apply for DIC benefits should the veteran die of anything other than a service connected condition..."
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UPDATE as of Dec 2015:
- MY new (4th or 5th in ~3yr) Psychiatrist agreed to actually look at and read my NOD appeal and data! After that I got on some new meds that appear to be helping me maintain... a good thing 8-).
- I have been through 3 PCPs in less than a year, and will be trying my 4th PCP in Jan 2016. These PCPs have a 'gawd complex, don't like to compensate for my mild short-term memory issues by allowing me to record my medical appointments, AND they don't want to work with my Psychiatrist and Polytrauma doctors. Too much competition for them I guess...
- Polytrauma now has me on hormone replacement therapy as well as PT. This is much appreciated and helps me a lot.
- LAST but not least... My TBI rating was increased from 40% to 70% AND I was granted 100% TDIU. Still waiting on my lawyer to appeal retro-dates and to finalize the P&T portion of TDIU. Also awarded "Dependents Educational Assistance" (under title 38, United States Code, Chapter 35). According to VA testimony on TDIU (http://www.va.gov/OCA/testimony/svac/05102720.asp : "...To be eligible for both of these benefits, the veteran’s IU determination must be considered permanent. Permanency for eligibility to Chapter 35 and CHAMPVA requires that there not be a future examination scheduled..."
So it looks like after 40months after placing my 1st claim, I should get my 1st 100% monthly deposit!
And then after the retro-date gets fixed I'll be a happier camper, and so will my Claims Attorney because he gets 20% of that retro check!
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rootbeer22:
Thanks for the feedback. I think the main reason I got my TBI rated some 40yr later, is:
- Current MRI showed remote Lacunar Infarct
- STRs from 1972 showed LOC of ~45min, followed by weeks of headache complaints at the time.
OSA, on the other hand, the VA now fights to the death in awarding anything. My STRs show 4 out of 5 OSA risk factors/complaints.
Depression was ruled by the VA Dec 2013 to be "Secondary Service Connected" to TBI:
SO, that being said, there should be absolutely NO REASON for the VA to continue to deny my MD claim.
Hang in there and continue to hound your lawyer for answers... ;-)
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Congrats and have you applied for SSDI through Social Security administration?
Never got around to that, besides when I was actually working it was as a teacher and then principal, neither of which was under SS. The teachers Retirement System will take a windfall profit tax offset from the SS account when they can... Just a lose, lose... The time I spent trying to make teaching/education a career was under a "separate" pension plan and NOT under Social Security. Not SS contributions, no SS payout...
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FAST FORWARD 14-MONTHS...
Last week, after hiring an attorney last year (Thanks John999), I have received a partial decision "Summary of Case" in which I am now awarded TBI now 70% (up fr 40) and also awarded TDIU at 100% for Individual Unemployability.
VARO still denying Service connected Depression (lawyer thinks VARO incorrectly spun this into "Residuals of TBI" even though the VA's own regulations are to specifically rate actual medical "diagnoses" separately. Still on OPEN Appeal is my OSA. Both of these alone could/should result in "scheduler rated disabilities" of 70% and 50% respectively.
I am relieved that I will now be receiving 100% funding, but still worried about getting the above two actually rated. My concerns center around the continued budgetary cuts proposed by the CBO over the past +3yr concerning eliminating TDIU at/after 65 YOA. That is why I still need to get all of my disabilities rated, whether or not getting TDIU:
Restrict VA’s Individual Unemployability Benefits to Disabled Veterans Who Are Younger Than the Full Retirement Age for Social Security
https://www.cbo.gov/budget-options/2013/44757
I have NOT been on here for most of this past year and I just noticed that Carlie has passed on. I will miss Carlie's experienced input. RIP Carlie...
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One suggestion, once you do get a copy of your C-File. Photo-process hard-to-read pages in Adobe Photoshop or an equivalent software. Play with the contrast, curves, brightness, etc., in order to bring up the details that are nearly wiped out be the multi-generations of scanning &printing hard copies.
I firmly believe that the VA does this with purpose in mind. IMO, the VA cannot stand to have an "independent" source know more than they do (at any point in time). After THREE years of dealing with them RE my Claims, I see a pattern of deception and denial on the VA's part. And that is within BOTH the VHA and the VBA. Be a professional skeptic with regards to each and every VA communication/decision. Data-mine everything in your C-File, NOT just what the VA uses,but also the information the VA FAILS, or chooses not to use. It may be important in your case.
About a year ago, I eventually hired a lawyer to help with this, as it was getting very burdensome. The lawyer helps a lot, but also do your own due diligence (as suggested above).
Good luck, and keep us posted.
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Do they remove hard copies of the c-file and send it some where else to get it converted? if they do looks like they would let the vet know this?
if not then whats the hold -up?
when a veteran request his c-file for a claim it should be the VA Response ability to get it to him as soon as they can.
jmo.................Buck
Hey Buck,
The VA took my medical STRs from the NPRC in order to digitize them at the local Houston VARO, into my C-File. Took them just short of ONE year. Once they had them digitized.
AFTER my C-FILE was digitized, the VARO turned right around and printed out a hard copy of my C-FILE and snail-mailed the hard copy of my C-FILE to my lawyer, who then had to RE-SCAN all ~1,400 pages in order to send me a CD digitized version.
Do understand that every time a document is re-scanned and printed (=one generation), it loses much of it's original resolution. Three or four generations of the "scan&print" sequence, results in documents that often are NOT readable, except for the VARO that got to scan only the "original" documents ONCE (and they only access that original scanned document). This is NOT the VA "helping" the vet with their claims, regardless of what they claim.
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It is now 24 years later than when this opinion/post/policy was quoted. What is the current VA policy (regarding now current law, 2015, aka USC18 Chap 119, Section 2511), since the VA appears to not like to follow the letter of Federal Law?
https://www.law.cornell.edu/uscode/text/18/2511
...18 U.S. Code § 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited...
2.(d)
It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State. -
Hey Kelly,
As of mid-July2015, had an initial "unofficial" C&P and will get a cognitive assessment C&P before another DRO. All the OSA, MD, TBI, Tinnitis, and possibly Rhinitis, is going forward. That is THANKS to my "team" of lawyers(TWO) during my DRO on July6, 2015. It may only be a "team" of two lawyers but it sure feels good to have your SIX covered... 8-)
BTW, got my C-File. Looks like OSA, MD, TBI, Tinnitis, Rhinitis, etc... are actually IN my service record(1972), so things are looking up. THAT, and the fact that I got NEW meds for my TBI/MD have helped me see things in a better light of day have helped. Had to bitch and moan to finally get the poly-trauma center to see the light of day (AKA Congressman), but things are starting to happen. Being smart AND an ASS-hole is challenge. Not meant to be offensive, but truthful.
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Just noticed on eBenefits that the VA has just recognized my FOIA request for my C-File. Their estimate to completion is ~13months from today. I guess that kind of puts the brakes on getting any IMO/IME from ANYWHERE?
FWIW, I have an upcoming PCP appointment where I will finally be getting a referral back to the poly-trauma center TBI psychiatrists since my 50% TBI/Tinnitus disability is now in effect. Before the VA determination these TBI specialists kept playing my disability as just emotional, age, and diabetes related... and these are/were the "TBI specialists". That was apparently why I have been assigned a run-of-the-mill general psychiatrist thus far. I really get confused about this kind of situation, where VA TBI specialists cannot/do-not directly diagnose the TBI and its severity. They are leaving it to the C&P folks, and leaving you basically untreated/under-treated until a C&P declaration?
QUESTION: The VA hospital/clinics apparently do NOT have access to my military medical(STRs) records from the 1970s? Is that true?
Well, it did not take an Act of Congress to get a referral by my PCP for a return visit to the TBI Clinic BUT...
IT DID TAKE AN ACT OF A CONGRESSMAN! And this is now the end of February 2015!
I ended up having to do the above when my PCP, lead Psychiatrist, and nurse all kept ignoring me. I attached my Rating letter to MyHealtheVet Secure Messaging, after finding that feature of the service. I also knew that my Secure Messaging mail was being posted as "Progress Notes" in my local VA Hospital medical records, so BINGO! This basically forced my local VHA to acknowledge my TBI Rating and need for services.
Just now going through meetings with the TBI Director and a TBI Psychiatrist. They are trying to deny me the ability to audio tape my treatment/therapy sessions, citing some unnamed VA policy. Problem is I went home got on the Internet and found the VHA Directive 1078(1) dated November 4, 2014, less than four months ago that I clearly states that audio recording treatment does not require employee permission, only patient permission. These doctors are not going to be happy about that at all.
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Just noticed on eBenefits that the VA has just recognized my FOIA request for my C-File. Their estimate to completion is ~13months from today. I guess that kind of puts the brakes on getting any IMO/IME from ANYWHERE?
FWIW, I have an upcoming PCP appointment where I will finally be getting a referral back to the poly-trauma center TBI psychiatrists since my 50% TBI/Tinnitus disability is now in effect. Before the VA determination these TBI specialists kept playing my disability as just emotional, age, and diabetes related... and these are/were the "TBI specialists". That was apparently why I have been assigned a run-of-the-mill general psychiatrist thus far. I really get confused about this kind of situation, where VA TBI specialists cannot/do-not directly diagnose the TBI and its severity. They are leaving it to the C&P folks, and leaving you basically untreated/under-treated until a C&P declaration?
QUESTION: The VA hospital/clinics apparently do NOT have access to my military medical(STRs) records from the 1970s? Is that true?
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The 2014 VBM should be out within the next 2-3 wks, as I just received my confirmation of my annual order, yesterday.
pr
THANK YOU!
You are a gentleman, a scholar, member of the Lake Wobegon Tribe, and a good vet!
Q: Do you think the 2014 VBM Book + CD/DVD would be a useful tool?
I know it is twice the price, but the ability to cut&paste off of the CD/DVD weighs heavily on my mind.
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Sorry about the broken links. I copy and pasted them and it didn't carry over. See if these work.
http://www.benefits.va.gov/COMPENSATION/dbq_ListBySymptom.asp DBQ list
http://www.benefits.va.gov/compensation/dbq_disabilityexams.asp info on DBQ's
http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5 rating guidelines
more TBI info, including link to TBI clinicians guide.
http://www.hadit.com/forums/forum/79-tbi-traumatic-brain-injury/ TBI section of hadit, in case you havent already read it
At this stage, your claim has been denied for depression, so another option is to seek out a veteran claims disability lawyer. They do not charge anything upfront and usually take 20% of the backpay. They can help you get these IMEs as well as focus your correspondence to VA on the issues that need the focus. Chris Attig is one that posts occasionally here on hadit. http://www.attiglawfirm.com/about-the-firm/about-chris-attig/
---might be worth having a conversation with him.
This is all good stuff, thank you once again. In my data mining of the VA.gov I have become familiar with much of it and have it book-marked on the PC.
Do you know if there is a "2014" edition of the Veterans Benefit Manual coming out soon?
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No, that letter will not be enough for a nexus statement. Here's a link explaining more about the nexus statment.
http://www.benefits....stBySymptom.asp
---Refer to the VA rating guidelines
http://www.vetsforju...n’s Guide.htm
or
http://www.americanb...uthcheckdam.pdf
Each DBQ must include multiple parts:
1). Diagnosis
2) Statement that Dr. reviewed the pertinent medical records or check the applicable box if available.
3) Nexus Statement from Dr. that says "condition X is at least as likely as not due to condition Y".
4) Rationale Statement from Dr. explaining how he came to his conclusion on the Nexus. Must give specific reasons why one condition caused or aggravated the other.
5) Statement from Dr. regarding his medical degree and qualifications, his CV
On most DBQ forms only #1 and #2 are part of the form. You must have your Dr. write in #3, #4 & #5 if they are not part of the form. I'm NOT saying a DBQ without each of these 5 Items can't be approved. I'm saying these are 5 of the things that if any of them ARE missing, VA has used as an excuse to deny a claim.
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Did you already file an appeal or a reconsideration with new and material evidence?
Yes, this past March. At the time I did not have the above "initial psych eval" Progress Notes (post #13). Those came within a week after I submitted the Appeal. Now that I have that, do you think that that initial evaluation would provide that nexus?
Regarding the depression denial, I think it is fairly straightforward how to get it approved. The depression was denied due to no nexus statement-the statement tying your depression to service. At the C&P exam, the examiner did not give you the nexus statement. You can try again with a new VA C&P exam, but the best thing to do is get a IMO/IME done by a doc familiar with VA protocols. In their letter, they will need to directly rebut the previous doctors statements, especially the one about the incorrect dates of 2010 depression onset.
- Regarding the IMO, should I seek a neuro-psychologist, neuro-psychiatrist, or a run of the mill psychologist or psychiatrist?
- Should I probably seek more than one IMO/IME?... One for the nexus and one for current disability (remember "increase" of TBI + "initial rating" of depression)
They should also fill out the DBQ for depression.
Got it. Will do.
Reading the denial for depression, under Item #4, paragraph 2, they did not consider it as "secondary to TBI". They evaluated it as a direct service connection. Which is fine. A direct service connection or a secondary service connection both workout the same, just different evidence is needed, depending which way you are seeking the service connection. The letter states you had symptoms of depression in 1973 during service. That satisfies part 1. It sounds like you have a current diagnosis of depression. That satisfies part 2. But part 3, the nexus statement was not given.
Will work on clearing up the nexus. I am thinking the my initial psych consult (in post#13) will/should go a long ways in helping establish nexus since it shows continual use of depression medication (for about +20yr at this point), but understand the need for IMO.
Have you bought the Veterans Benefit Manual yet? I think it would give you a lot of insight into this process. http://www.lexisnexis.com/store/catalog/booktemplate/productdetail.jsp?pageName=relatedProducts&prodId=12734
I will put this on my wish list, though as many hours/days that I am on VA.gov I have found much of what is in the table of contents. In another month or so will have the $$$.
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RE NPRC requests ...Definitely I sent them a letter every 30 days reminding them of my request and stating that it was the second request third request fourth request etc. It's really going to depend on your regional office how soon they give up the C file.
My VARO is the Houston Texas VARO, and I understand it is one of those "needs improvement" situations as ID'd by this latest VA shakeup.
- What exactly Is your goal with your claim?
- It looks like you feel like you should be rated higher than 40% on the TBI?
I have been unemployed and un-employable in my trained occupation in education, for 8-years and counting (PhD Educational Administration, Principal Certification, Teacher Certification). I bounced from education job to education job UNTIL I became unemployable because they don't even respond after awhile. I was unemployed for 6-years straight, at the time I approached the VA for help with my decades long ongoing major depression. I have documented negative manifestations of my TBI/Depression/Sleep disordered behavior that I can trace back to at least 1986. These are manifestations that show just how my TBI/Depression/Sleep disordered behavior effected and affects my ability to work. NONE of this was presented in the original claim because I was still pretty much in the dark about my disability. Only AFTER getting the rating and the listed criteria for ratings, that I realized just how much it has affected my life for +40-years.
And YES, I believe that my work ~30-years of related documentation shows my disability to a far greater extent than any pen&paper or verbal quiz could ever hope to. My disability deals with executive dysfunction. It is subtle yet has torpedoed my professional career aspirations time after time. FWIW, I do NOT believe that a MoCA test administered within the total 27min window of my TBI examiner's interview/assessment would be remotely adequate. IMO, ~30-years of work history strikes to the heart of the matter. And YES, I will probably best seek an IMO (or two) tying this all into my disability.
- Are you also trying to get depression secondary to the TBI? Or are you going for a direct service connection for the depression?
YES, secondary service connection to the TBI. VA also ruled on this aspect of TBI in the past year, just after my rating. Many sources but here is just one.
MY PROBLEM: The TBI clinic posted an error in my file when diagnosing my Major Depression. They mistakenly stated my depression "started when I fell off the ladder in 2010". This was NOT true, as that accident only contributed in exacerbating my decades long depression. I think they were distracted by the fact that I broke 23 ribs & vertebrae in that one accident. Anyway, it got entered into my Progress Notes as depression "starting in 2010", and then repeated in the disability examiner's rating decision(Dec 2013) to deny my depression as service connected. Luckily, my initial psych eval consult indicates depression as long term and entered BEFORE actually getting the complete psych workup. See attachment, part of consult..
I need to get this mistake in my record corrected in order to get the Depression correctly rated.
- What exactly did you file for previously, what was denied? And did you post your denial letter?
- We can help more if we know exactly what your goals are.
Original claim was:
- TBI Awarded 40%
- Tinnitus Awarded 10%
- Bilateral Hearing Loss Awarded at 0%
- Depression DENIED
See attached RATING.
We are going through this exact same thing. My hubby has a TBI from a head injury when he fell about 50 feet on a ship. We didn't really find out until recently how much that has affected his life. Many things that I thought were just "personality quirks" really originated from that accident. There are many ways it has manifested itself but the one that really causes the household the most turmoil, Is the mood swings- I have nicknamed him "Jekyll and Hyde". One minute he's happy fun guy and the next minute somebody says something wrong to him and he flies off the handle and the rest of the day is ruined and he goes outside and sulks.
While none of this is fun to go through, I do appreciate the empathy. Thank you!
And yes, I too have a similar reputation, though slightly different title... DrMike & Mr Hyde. I tend to rub my degree into the VA, and it tends to make my "doctors" very uncomfortable that I have an equal educational attainment to them, but in a different academic area. I am sure it chaffs them and that their gut reaction is more attuned to "If you are so smart, just get over it!" even though all have been careful to not say as much. Oops, my TBI is showing! This kind of thing has caused me to changes jobs several times... ;-(
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Keep in mind, that LAST THING VA wants is for you to have your OWN medical records. .....they are going to make it very difficult.
Just a few notes based on my own observations:
Make multiple requests to NPRC. It even says on their website, that at your first request they will not send you everything.
Once a vet files a claim with VA, the regional office requests those records from NPRC. From that point on, those records are then stored at that regional office. If there is no activity for a long time, then the records are moved to VA Records Management Center. You should definitely send them a letter requesting your records. here's the link
http://www.va.gov/directory/guide/facility.asp?ID=5380
If your records are still at the regional office where you last had your claim processed, then the only way to get them is with a request for your C-file. VA will drag this out as long as possible. I've heard of many taking 1 or 2 years. If you live close to your regional office, then go in person and ask to "view your cfile". they might stall you by making you request an appointment for that.
All of your ships medical records go straight into your Service Medical Records aka Service Treatment Records.Oakland Naval Hosp. (Oak Knoll) got demolished back in the 90s. Any other specific hospitals you went to, you can contact them and ask for a copy of any records they still have. I tried that and they said they were so old they had been sent to NPRC. They did turn up in the cfile.
Regarding the TBI, VA doesn't rate it based on how bad or severe your injury or accident was. They rate it based on the "residuals" or how it affects you now. Therefore, any old records will not help you get an increase in your TBI rating. All you can do to get that increased in file for an increase with a statement of your worsening residuals.
Yeah, understand that the VARO wants to make things difficult for any and all who makes requests. We''ll work on that one.
Q #1: So if my records are now at the VARO, does that mean ALL of my records are at the VARO? If so, that would make multiple requests to NPRC fruitless, wouldn't it?
Q#2: Does this NOW mean that I should be directing multiple requests at the VARO? You know, just to keep them awake and working?... ;-)
Q#3: How often should I be requesting my C-File? I requested once thus far, in the past month.
RE Oakland Naval Hospital... I did receive a 2-page progress report from a NPRC request in 2013. Don't know how much more there is though. My Disability Examiner and Rating stated something about my being treated for depression in 1973, and I am betting that that is also from Oakland Naval Hospital as well.
FWIW, about the TBI. I truly DID NOT know I had one in 1972. I only knew that I had had a motorcycle accident in service and did not even know the month or year when I first started asking questions about my ongoing major depression and 30-40yr of losing job after job after job. Even after three college degrees and three professional certifications, I could NOT keep a job longer than about 2yr. Long story made short -- I didn't know I had any brain damage. I told the neuro-psychologist that I just wanted to know... "Was I just born an axe hole or what?" and I said it in actual descriptive terms because of my 40 year history of losing jobs. This was before the whole psych workup and the MRI that showed a "stroke" as they called it. I call it ischemic insults because, as I am finding out, that is probably more accurate and probably tied to the TBI. I always thought other folks were picking on me, so I saved all of the reprimands, termination letters, axe chewings, etc. I was determined to get those folks back, never realizing that those documents only prove THEM right and not me. Coming to terms with this TBI thing 40yr late sure has its challenges. About all of those documents I saved... that is my basis of appeal. Being truly unaware of any TBI manifestations in my life, I was truly not prepared for what they found and determined.
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Mike
I served in USMC from 1966 to 1970. In 1970, I submitted a request to NPRC for all of my medical records from 1966 to 1970. I received only a small portion of my medical records. In 2010, I submitted another request to NPRC for my medical records and told them I had only received part of my medical records in1970 and was trying to find the other records. I actually received a telephone call from a helpful gentleman at NPRC who told me they might possibly be able to locate additional records if I could provide more specific info regarding exactly where I received medical treatment, name of facility, when I received treatment, etc. After doing a review of some of my old military records for specific dates and locations of my service, I submitted additional info to NPRC and received about twice as many records as I had before. I know there are more records that I have not received but I received the records I needed for my claims.
Based on my conversation with the NPRC employee, it sounds like they only spend a limited amount of time on each records request and the more info provided to them results in more records being found during that limited amount of time.
Good luck to you
Do you, or anyone else, think it is wise and/or efficient to:
- Break up the requested information to be more "task specific" (easier to accomplish by the assigned NPRC technician), such as request only the medical information from a single duty station or medical facility?
- Send multiple requests to NPRC, after having done the above?
- What about requests to the VARO for specific "parts" of my claims file such as my medical records just for 1972?... or just 1973?... or just from Oakland Naval Hospital? Does anyone think this might be very useful AFTER getting a copy of my entire C-File?... In other words, data-mining the VA one bite at-a-time?
- And one last question string... What part of the VA actually HAS my physical medical records for safe keeping? The central VA office? The specific VARO? What if I move across country to another VARO?
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Once you make a claim with the VA they pull your Service Med recs from NPRC and keep them. Why they let the VA archive anything is beyond belief. Those records should be in your c-file. Now I had a c-file for 30 years and the Va lost my entire C-file (shredded). Then they came back and said no record of this condition exists in my SMR's. No duh! They said they had to rebuild my c-file with nothing in it! Military Hospital records are usually kept at the military hospital for inpatients. If you have dates that you were in a military hospital and give that info to NPRC they might be able to come up with those records.
I made my FIRST disability claim Sept. 2012, almost a year earlier than when NPRC actually accessed and sent me some of my medical records (August 2013). You may be correct in that the VA pulled them from NPRC, but I sure wonder why they waited so long to do so. Color me confused...
I visited the local VA office and received the obligatory abuse when asking to access my VA records via VBMS. The VA lady, during this encounter, tried to interview me at the reception desk in front of ~30 other veterans who were waiting. All other VA workers/technicians were taking their clients one-at-a-time to their own assigned cubicles in the locked back office to do their business. NOT this VA tech, so I took the direct approach and asked "Why are you trying to do this in public?" She tried to continue, so I repeated my question. She finally acknowledged my question and said that we could indeed go back to her cubicle, BUT STILL DID NOT invite me to do so. So I had to clearly state to her that YES, we should go do that, in order to conduct business.
It went down hill from there. I asked for copies of, or access to my VBMS file. Dumbfounded, this lady kept saying over and over again... "VBMS is a database, VBMS is a database, VBMS is a database..." as if those were magical words that would make the devil go away. No matter what I asked about seeing my records..."VBMS is a database..." was the answer. I asked to see my medical records..."VBMS is a database.." etc...
I stated that I thought you (VA) was supposed to help me get access to my records. To which she replied "I am", and offered nothing more, no explanation, nothing. I HAD to ask to request a copy of my C-FILE, and if I had not known to ask THAT question, she would NOT have offered to give me the form letter requesting the C-FILE. She exemplified the proverbial stone wall, that was for sure.
In the end, I did get a stamped/dated copy of my C-FILE request. And then left.
Your comments about the VA "losing" your C-FILE, is the reason I want to get a copy ASAP.
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Mike
Based on my conversation with the NPRC employee, it sounds like they only spend a limited amount of time on each records request and the more info provided to them results in more records being found during that limited amount of time.
Good luck to you
I guess the employee doesn't know how to eat an elephant (one bite at a time) and just booted my request to the chit-can. Below is the actual information I gave NPRC when making my request. I do not know what more I can do to be more specific, as THAT is why I am asking for these records in the first place. Very frustrating.
*SF 180 Addendum – Request Pertaining to Military Records
Section II – Information and/or Documents Requested
#1 CHECK THE ITEM(S) YOU ARE REQUESTING:
Medical Records – Requesting ALL in-patient and out-patient Service Treatment Records (STR), Health and Dental Records for the following dates and locations:
- USS Theodore E Chandler DD-717 all SHIP’S Medical Records 26Aug72—15Dec72
- Naval Medical Center, San Diego CA all Medical Records 01Oct72—01Jan73
- USS Dehaven DD-727 all SHIP’S Medical Records 15Dec72—26Feb73
- ? Hospital Ship, anchored Long Beach CA all Medical Records 26Feb73—01Aug74
- USS Wabash AOR 5 all SHIP’S Medical Records 08Mar73—31Aug75
- Oakland Naval Hospital Oakland, CA all Medical Records 26Feb73—31Aug75
- TPU, ADCOM Great Lakes, IL all Medical Records 01-Oct75—17Oct75
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QUESTION: How can I be absolutely sure I get a copy of my COMPLETE medical records from 1972-1975?
2013, I requested and actually DID receive SOME medical records (I did not know they were incomplete) from NPRC.
2014, I requested(*see attached) medical records from 1972-end of 1975, and got this response from the NPRC:
"ORIGINAL MEDICAL RECORD NEEDED TO ANSWER YOUR INQUIRY IS NOT IN YOUR FILES; THAT MEDICAL RECORD IS WITH THE DEPARTMENT OF VETERANS AFFAIRS (VA)"
Attached are the TWO NPRC responses to the TWO medical requests that were just under one year apart. In one case I received information, and in the most recent case I was told it does NOT exist at NPRC. Please understand that my mind is racing with "WTF!", anger, puzzlement, etc. Understanding that the records I am requesting are over 40yr old and existed with the NPRC last year, how can they now be "missing"?
FWIW, my disability rating came in Dec 2013 (for a 1972 TBI) and the examiners had way more medical records information in front of them on their PCs than I had ever received after my 2013 request for that SAME information. Some of that EXTRA medical records that I did NOT receive, but the examiners had and used, actually DID help me in receiving my 50% rating, BUT I am lost, feeling that the records that have been kept from me, could and probably do, indicate I should have a much higher rating than what was awarded.
I am about ready to launch a letter writing campaign including several Congressmen, the VA Secretary, and others. Is THAT my next step?
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Here is the FOIA that I am sending off today, requesting everything THAT CAN BE ACCESSED BY VARO using VBMS plus those records that are not. My thoughts are that it is important to be inclusive in the request. Any thoughts on the below request? I did specify my preferred media "PDF".
TO: Laurie Karnay
FOIA Team Lead
(005R1C) VACO
810 Vermont Avenue, NW
Washington, DC 20420
(202) 632-7465 (Telephone)
Freedom of Information Act
The Freedom of Information Act (FOIA) provides that any person has a right of access to Federal agency records, except to the extent that such records are protected from release by a FOIA exemption or a special law enforcement record exclusion. It is VA's policy to release information to the fullest extent under the law.
Under the Privacy/Freedom of Information Act:
I hereby request a complete copy of:
- THE VBMS (Veterans Benefit Management System) – All file-types, all files, all folders (and all contents therein regardless of data location), that are capable of being ACCESSED by the VARO using VBMS.*
- All records/files/folders/images/graphs accessed by the VARO, at any time, that are not currently a part of VBMS (past, present, and future).*
*Media preferred: I would prefer all data be reduced to PDF form on DVD to save resources if possible. If DVD not possible, hard copy would be ok.
Veteran Identification No.
Last Name, First Name, Middle Name of Veteran Date
Address Telephone No. of Veteran
Signature
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Vbms IS your cfile. It is a database and holds your electronically filed cfile. If you had asked for a copy of your actual cfile. That is what you would get from vbms. Veterans Benefits Management System a va program made to hold your cfile that was sent to scan and uploaded.
http://www.blogs.va.gov/VAntage/8736/the-benefits-of-a-paperless-claim/
I checked out the link you provided and thoroughly read it all, including the multitude of comments. I have to agree with those commenting that are skeptical of the rosy picture painted by the OP in Feb2013. I know, at least in my case, that the VA came up with STR files I had no access to nor even knew existed. That makes ME skeptical as well.
SO, does that mean that my ENTIRE military record (STRs, performance evals, commendations, reprimands, CPRS files, etc.) are ALREADY part of my C-File?
I get the sneaky suspicion that the lack of transparency is by design. And that design is NOT for the veteran's benefit. I am now waiting for the VARO to prove that/my suspicion wrong. I hate that "I (VA) gotta secret" game, if you know what I mean.
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Has anyone been successful:
- Acquiring/Getting a copy of everything in their VBMS file?
- Has anyone been successful at finding out what types of files VBMS specifically can access? In other words can we find out WHERE the VBA is looking for all of the information they HAVE on each of us?
BTW, I went to the local VA office yesterday and was treated poorly. The VA representative tried to query me at the front desk, in front of 30 other veterans waiting to be seen. I called her on this "Why are you doing this in public?" All the other VA representative were taking their clients to the back, to their private cubicles in a separate office, but not her. That pretty much set the tone of my conversation once I was able to force her to give me privacy. She never offered privacy after I pointed the above out to her... I had to specifically request it against her lack of willingness.
Anyway, I started with making a request for my C-file. Got a copy of the stamped FOIA request and then I started asking her about VBMS and how to get copies of all information in the VBMS. This lady went stone-face and started repeating "It is a database" any time I kept trying to ask for information... "It is a database"..."It is a database"... Apparently her answer was supposed to be some kind of magical word(a wall?) that is supposed to STOP all requests in their tracks. Kind of like "the cloud". I asked for a copy of everything in VBMS and got the answer..."It is a database" with no explanation.
FWIW, I am now filing a FOIA for all things in the VBMS database.
QUESTION: Any suggestions as to the exact wording of the FOIA? I don't want to give the VA any wiggle room to finagle out of anything, if you know what I mean.
Does 100% P&T Rating = TDIU
in TDIU Unemployability Claims
Posted
Filing for the SSDI is what really confuses me. What little of a retirement that I acquired (~25% of what it should have been) was in a NON-SS system, aka separate pension system. PLUS that separate system has a wind fall profit pension off-set system where they actually take back from any SS you may have earned. AKA, I earned a minimal teacher's retirement system retirement in Texas. Filing for SSDI wont even help me if the Teachers Retirement System actually "offsets" any SS retirement benefits. In other words... Flocked in BOTH directions... 8-(