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Found 8 results

  1. When I logged in ebenefits it shows they have reviewed the document they requested (C&P exam request). Now there is a new request for me this time. It says they are requesting my service medical records. I submitted all of these already when I submitted my claim online. Do I resubmit the documents I already submitted online? I have to request my C&P exam/ cray results since I dont have a premium account. Wouldn’t they have already reviewed my medical records before the exam? Not sure if this order of things is a bad sign or good sign about the way the claim is shaping. it looks like they are requesting my original medical service records. Not sure why they allow you to upload them if they want the originals. I thought they would have done this very first thing.
  2. Just looking for opinions about the burn pit/gulf war registry exam. I am taking both back to back fairly soon. I have filled out all the questionnaires but I am just wondering if I should bring my partial medical records. I have my Air Force records but I am missing my Army medical records...they never transferred over to the Air Force and I am still waiting on them. I am also missing I good chunk of my civilian medical records as my last doctor never forwarded them to me. I wonder if bringing the partial records only hurts any potential claims because they only paint half a picture at best. Just curious what other people think?
  3. ALCON: please excuse any unintended etiquette breaking on my post. I stumbled on this forum yesterday while googling about a problem with UPS the VA and medication delivery (different issue, still angry, don't get me started). This forum is massive! I some difficulty navigating it but attempted to read pinned posts and follow rules. BLUF: I incurred an injury during service, I've been fighting to get it added to my claim. I'm currently at 90% and the injury is so significant it will push this to 100% (yes, I've done the VA math on this). What do you do when it keeps coming back "cannot find evidence in medical history of injury incurred during service." It took me 4 years to find the RIGHT diagnosis, it was documented during the medical trauma that I had difficulty with walking, pain in the area where the damage was eventually known to have occurred...2 years of Army docs commenting on my back (clear radiological findings there...no argument about the 8 herniated discs) and ALSO commenting that 'other processes or injury' may have occurred because where some of the dysfunction was, did not match the nerve paths. I have two independent letters from two civilian specialists and my own VA primary care doc (also a Veteran) has written his opinion in the medical chart. I have the correct DBQ filled out from a specialist and the initial letter I got I asked her to write the words "it is more likely than not that this occurred during her medical treatment as it can only occur in traumatic injury GOOD LORD...what do I have to do...print it out, highlight it and walk it down to regional and shove it at them? (not really, I will not do that, this is internet frustration and hyperbole)
  4. I have a question. As it stands I am currently at 80% but things have gotten so much worse for me physically. Well lets just say i just left the mental health clinic again after a two week stay. So i am considering filing to have some things service connected and recieve the other 80% i need to be at 100% Now it is my understanding that if i provide all of my medical records and nexus letters and other necessary items with my claim, that this can expedite the process. Is this true? Or is it easier/better to just let the va locate my records. In the past that normally took a year (to locate the records, schedule and attend my C&P, and receive my results). So i really wonder is it going to at help speed up the process if i were to get my records and then send all of that in with my claim?? somebody said it can take months for the nprc to mail out records, which would pretty much put me in the same situation as letting the va locate the records on their own.
  5. I'm new to the boards but have been stalking and gleaning all the wonderful information here for quite some time. First I'd like to say that I have searched and I have not found an answer to this question, but if there is another answer out there, please point me in that direction and I apologize for missing it. I recently had my Claim denied by the VA again. Under "Evidence Considered" there is no mention of my SMR or Service Treatment Records, I was wondering if that was normal. The other elephant in the room is that my electronic medical records from my time in the service cannot be found. I've contacted NPRC, the hospital I was treated at (Heidelberg Army Hospital, which is no longer around), and I've sat with one of the coolest docs in my dealings with the VA and he and I couldn't find any electronic medical records from my time in the Army. Paper medical records, I have those. However, all dealings with my primary care and most doctors in Germany at the time were recorded electronically. When I ETSd I never received a copy of the electronic records and I was told that they would automatically be sent to the VA. I know I'm going to have a hell of a time getting any kind of service connected decision going my way without those records. Are there any other resources or places I should look to see if I can find those records? Any suggestions would be helpful. I'm really struggling here. If I knew what I know now, I would have gotten copies of my records after each appointment. Thanks for your time.
  6. So i am waiting on my C-File and this may or may not be in it. However I am trying to find information specific to a TBI eval i had a eyar after i got out. It does NOT show up in my Blue button VAMC info, etc. So it is not in the public(veteran) side of my health records. So in June i sent a Form 10-5345 to the Alaska VAMC to get my records (http://www.va.gov/vaforms/medical/pdf/vha-10-5345-fill.pdf) i got no response, not even the VA obligatory, "hey we got your request, mongo will work on it...no idea when he will get it done though, but sometime between Now and the Sun goes Supernova" So in August or September (will have to look at my certified mail slips) i sent another 10-5345 requesting the same medical records, this time with the "hey by the way i sent this X months ago and heard nothing, so please send it my way". I have been trying to research the CFR/VA regs regarding this and what i needed to cite in my next letter, this time to the VAMC and the VARO director so that they know i speak their language and pull out some federal regulations on them. What i have found so far is this.... VHA HANDBOOK 1605.1 (also attached) 5. INDIVIDUALS’ RIGHTS a. The Individual (1) Individuals have the right to be provided with a Notice of the privacy practices of VHA concerning individually-identifiable health information. This notice must explain the following: how VHA may use and disclose individually-identifiable health information; the individual’s rights regarding the individual’s individually-identifiable health information; and VHA’s legal duties with respect to individually-identifiable health information (see par. 6). (2) Individuals have the right to access and/or view and obtain a copy of their ownindividually-identifiable information, including PHI, contained in a VA system of records or retrievable by the individual’s name (see par. 7). (3) Individuals have the right to ask VHA to amend their individually-identifiable information including PHI. This right to amendment must be granted unless authority to deny the request is present (see par. 8). (4) Individuals have the right to an accounting of disclosures of their individually-identifiable information (see par. 9). (5) Individuals have the right to request VHA send communications regarding individually-identifiable health information by alternative means or at alternative locations. VHA must accommodate reasonable requests (see par. 10). (6) Individuals have the right to request VHA to restrict the uses and/or disclosures of the individual’s individually-identifiable health information to carry out treatment, payment, or health care operations. Individuals also have the right to request VHA to restrict disclosures of the individual’s individually-identifiable health information to next-of-kin, family, or significant others involved in the individual’s care. VHA is not required to agree to such restrictions, but if it does, VHA must adhere to the restrictions to which it has agreed, unless information covered under the agreed to restriction is needed to provide a patient with emergency treatment (see par. 11). VHA will not agree to a restriction on a use or disclosure required by law. (7) Individuals have the right to file a complaint with VHA (see subpar. 35d SHOWN BELOW). Individuals also have the right to file a complaint to the Secretary of the Department of Health and Human Services (HHS) in accordance with 45 CFR 160.306 when the individual believes VHA did not comply with the provisions of 45 CFR Parts 160 and 164 (PART 164 BELOW SUBPAR 35D). The right is in addition to any rights that the individual has under the Privacy Act. (8) Individuals have the right to refuse to disclose their SSN to VHA. The individual shall not be denied any right, benefit, or privilege provided by law because of refusal to disclose to VHA an SSN (see 38 CFR 1.575(a)) ---------------------------------------------------------------------------------------------- (SUBPAR 35 d) Complaints (1) Individuals have the right to file a complaint regarding VHA privacy policies or practices. The complaint does not have to be in writing, though it is recommended. (2) Complaints are to be forwarded to the appropriate VA health care facility Privacy Officer, or designee, or the VHA Privacy Office, 810 Vermont Avenue, NW, Washington, DC 20402. (3) All privacy complaints regardless of validity must be promptly investigated and a written response provided to the complainant. In addition, all privacy complaints, regardless of validity, must be reported in the Privacy Violation Tracking System (PVTS) for audit purposes in accordance with VA Directive 6502, VA Privacy Program, and VA Handbook 6502.1, PVTS. (4) The VHA HIPAA Program Management Office (PMO) serves as the central authority for coordination of HIPAA Privacy complaints received by VHA from HHS Office for Civil Rights. Any HIPAA privacy complaints received by VA health care facilities should be Forwarded to the VHA HIPAA PMO. ---------------------------------------------------------------------------------------------- 45CFR §164.524 Access of individuals to protected health information.(a) Standard: Access to protected health information—(1) Right of access. Except as otherwise provided in paragraph (a)(2) or (a)(3) of this section, an individual has a right of access to inspect and obtain a copy of protected health information about the individual in a designated record set, for as long as the protected health information is maintained in the designated record set, except for: (i) Psychotherapy notes; and (ii) Information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding. (2) Unreviewable grounds for denial. A covered entity may deny an individual access without providing the individual an opportunity for review, in the following circumstances. (i) The protected health information is excepted from the right of access by paragraph (a)(1) of this section. (ii) A covered entity that is a correctional institution or a covered health care provider acting under the direction of the correctional institution may deny, in whole or in part, an inmate's request to obtain a copy of protected health information, if obtaining such copy would jeopardize the health, safety, security, custody, or rehabilitation of the individual or of other inmates, or the safety of any officer, employee, or other person at the correctional institution or responsible for the transporting of the inmate. (iii) An individual's access to protected health information created or obtained by a covered health care provider in the course of research that includes treatment may be temporarily suspended for as long as the research is in progress, provided that the individual has agreed to the denial of access when consenting to participate in the research that includes treatment, and the covered health care provider has informed the individual that the right of access will be reinstated upon completion of the research. (iv) An individual's access to protected health information that is contained in records that are subject to the Privacy Act, 5 U.S.C. 552a, may be denied, if the denial of access under the Privacy Act would meet the requirements of that law. (v) An individual's access may be denied if the protected health information was obtained from someone other than a health care provider under a promise of confidentiality and the access requested would be reasonably likely to reveal the source of the information. (3) Reviewable grounds for denial. A covered entity may deny an individual access, provided that the individual is given a right to have such denials reviewed, as required by paragraph (a)(4) of this section, in the following circumstances: (i) A licensed health care professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to endanger the life or physical safety of the individual or another person; (ii) The protected health information makes reference to another person (unless such other person is a health care provider) and a licensed health care professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to cause substantial harm to such other person; or (iii) The request for access is made by the individual's personal representative and a licensed health care professional has determined, in the exercise of professional judgment, that the provision of access to such personal representative is reasonably likely to cause substantial harm to the individual or another person. (4) Review of a denial of access. If access is denied on a ground permitted under paragraph (a)(3) of this section, the individual has the right to have the denial reviewed by a licensed health care professional who is designated by the covered entity to act as a reviewing official and who did not participate in the original decision to deny. The covered entity must provide or deny access in accordance with the determination of the reviewing official under paragraph (d)(4) of this section. (b) Implementation specifications: Requests for access and timely action—(1) Individual's request for access. The covered entity must permit an individual to request access to inspect or to obtain a copy of the protected health information about the individual that is maintained in a designated record set. The covered entity may require individuals to make requests for access in writing, provided that it informs individuals of such a requirement. (2) Timely action by the covered entity. (i) Except as provided in paragraph (b)(2)(ii) of this section, the covered entity must act on a request for access no later than 30 days after receipt of the request as follows. (A) If the covered entity grants the request, in whole or in part, it must inform the individual of the acceptance of the request and provide the access requested, in accordance with paragraph (c) of this section. (B) If the covered entity denies the request, in whole or in part, it must provide the individual with a written denial, in accordance with paragraph (d) of this section. (ii) If the covered entity is unable to take an action required by paragraph (b)(2)(i)(A) or (B) of this section within the time required by paragraph (b)(2)(i) of this section, as applicable, the covered entity may extend the time for such actions by no more than 30 days, provided that: (A) The covered entity, within the time limit set by paragraph (b)(2)(i) of this section, as applicable, provides the individual with a written statement of the reasons for the delay and the date by which the covered entity will complete its action on the request; and (B) The covered entity may have only one such extension of time for action on a request for access. (c) Implementation specifications: Provision of access. If the covered entity provides an individual with access, in whole or in part, to protected health information, the covered entity must comply with the following requirements. (1) Providing the access requested. The covered entity must provide the access requested by individuals, including inspection or obtaining a copy, or both, of the protected health information about them in designated record sets. If the same protected health information that is the subject of a request for access is maintained in more than one designated record set or at more than one location, the covered entity need only produce the protected health information once in response to a request for access. (2) Form of access requested. (i) The covered entity must provide the individual with access to the protected health information in the form and format requested by the individual, if it is readily producible in such form and format; or, if not, in a readable hard copy form or such other form and format as agreed to by the covered entity and the individual. (ii) Notwithstanding paragraph (c)(2)(i) of this section, if the protected health information that is the subject of a request for access is maintained in one or more designated record sets electronically and if the individual requests an electronic copy of such information, the covered entity must provide the individual with access to the protected health information in the electronic form and format requested by the individual, if it is readily producible in such form and format; or, if not, in a readable electronic form and format as agreed to by the covered entity and the individual. (iii) The covered entity may provide the individual with a summary of the protected health information requested, in lieu of providing access to the protected health information or may provide an explanation of the protected health information to which access has been provided, if: (A) The individual agrees in advance to such a summary or explanation; and (B) The individual agrees in advance to the fees imposed, if any, by the covered entity for such summary or explanation. (3) Time and manner of access. (i) The covered entity must provide the access as requested by the individual in a timely manner as required by paragraph (b)(2) of this section, including arranging with the individual for a convenient time and place to inspect or obtain a copy of the protected health information, or mailing the copy of the protected health information at the individual's request. The covered entity may discuss the scope, format, and other aspects of the request for access with the individual as necessary to facilitate the timely provision of access. (ii) If an individual's request for access directs the covered entity to transmit the copy of protected health information directly to another person designated by the individual, the covered entity must provide the copy to the person designated by the individual. The individual's request must be in writing, signed by the individual, and clearly identify the designated person and where to send the copy of protected health information. (4) Fees. If the individual requests a copy of the protected health information or agrees to a summary or explanation of such information, the covered entity may impose a reasonable, cost-based fee, provided that the fee includes only the cost of: (i) Labor for copying the protected health information requested by the individual, whether in paper or electronic form; (ii) Supplies for creating the paper copy or electronic media if the individual requests that the electronic copy be provided on portable media; (iii) Postage, when the individual has requested the copy, or the summary or explanation, be mailed; and (iv) Preparing an explanation or summary of the protected health information, if agreed to by the individual as required by paragraph (c)(2)(iii) of this section. (d) Implementation specifications: Denial of access. If the covered entity denies access, in whole or in part, to protected health information, the covered entity must comply with the following requirements. (1) Making other information accessible. The covered entity must, to the extent possible, give the individual access to any other protected health information requested, after excluding the protected health information as to which the covered entity has a ground to deny access. (2) Denial. The covered entity must provide a timely, written denial to the individual, in accordance with paragraph (b)(2) of this section. The denial must be in plain language and contain: (i) The basis for the denial; (ii) If applicable, a statement of the individual's review rights under paragraph (a)(4) of this section, including a description of how the individual may exercise such review rights; and (iii) A description of how the individual may complain to the covered entity pursuant to the complaint procedures in §164.530(d) or to the Secretary pursuant to the procedures in §160.306. The description must include the name, or title, and telephone number of the contact person or office designated in §164.530(a)(1)(ii). (3) Other responsibility. If the covered entity does not maintain the protected health information that is the subject of the individual's request for access, and the covered entity knows where the requested information is maintained, the covered entity must inform the individual where to direct the request for access. (4) Review of denial requested. If the individual has requested a review of a denial under paragraph (a)(4) of this section, the covered entity must designate a licensed health care professional, who was not directly involved in the denial to review the decision to deny access. The covered entity must promptly refer a request for review to such designated reviewing official. The designated reviewing official must determine, within a reasonable period of time, whether or not to deny the access requested based on the standards in paragraph (a)(3) of this section. The covered entity must promptly provide written notice to the individual of the determination of the designated reviewing official and take other action as required by this section to carry out the designated reviewing official's determination. (e) Implementation specification: Documentation. A covered entity must document the following and retain the documentation as required by §164.530(j): (1) The designated record sets that are subject to access by individuals; and (2) The titles of the persons or offices responsible for receiving and processing requests for access by individuals. [65 FR 82802, Dec. 28, 2000, as amended at 78 FR 5701, Jan. 25, 2013; 78 FR 34266, June 7, 2013; 79 FR 7316, Feb. 6, 2014] --------------------------------------------------------------------------------------------------------------------------------- So basically im going to write the RO Director and the VAMC and cite 45 CFR as my right to access this information, that my requests were properly submitted via FORM 10-5345 to the VAMC on two occassions and have violated 45 CFR 164.524 part 2 and have taken longer than 30 days to complete and there was no correspondence as required in 45 CFR 164.524 part 2 that stated any delay and the reasons behind it, while also citing 45 CFR 164.524 part 2 that states this delay can only be used on one ocassion. If a time of 10 working days upon deliver of this letter passes without correspondence regarding the processing of this records request I will be file a formal complaint in compliance with the VHA Handbook 1605.1 subpar 35 d.
  7. I just received an email in response to a request for my in service records. To my surprise, I found that the only records related to my medical history in service are my entrance exam and the top sheet to my exit exam. The rest of the file is just SRB stuff. How does this effect my ability to provide proof of service connection for everything? Also, one more hitch is: I came home from Iraq in August 2003 and was discharged (on terminal leave) just a few weeks after my return. My EAS was 9-11-2013 (wierd I know), so that didn't leave much time to evaluate what was wrong with me. Either way, there are no records to find. I have been trying for the past 8 years, roughly. I am starting to collect more paperwork to help ease these claim processes, but this is a huge piece of the puzzle I'm missing. I don't know how I have gotten as far as I've gotten without them, but I'm not one to complain. All that, for this: what do I do? Are there any other avenues of approach for these records or do I just leave it be and see what happens? Thanks a bunch. -Mario
  8. I apologise for the length of this post, I've never been good at condensing information. A little information about myself first. My name is Joshua I'm 31 years old I'm an OEF/OIF Veteran I was honorably discharged from active duty Army in 2005 I have a PTSD and depression diagnosis by civilian doctor after a suicide attempt earlier this year. I'm now alcohol and drug free after years of abuse and self medication. I have many physical and mental problems which I attribute to military service. I Started my VA Claim 2 years ago yet it's somehow still in the gathering of information stage. I recently received a letter from the VA stating that they can't find my medical records. Because the VA couldn't find them they told me that I should do it. I at first laughed and thought to myself, if the Military can't find my Military Records, how am I supposed to do it? This was insanity, but I tried anyway. I've called my last duty station and they don't have them. They don't know where my records went nor do they care. I've called The National Archives and sent them letters in St. Louis, they don't have them and don't give a damn. I've applied to receive my records online, they sent me dental records and an apology. I went in person to the records keeping of my last duty station and was politely asked to leave. Because my records are lost, they have asked for the following information which doesn't exist or is impossible for me to get: Buddy letters: It's been 7 damn years, all of my military friends are LONG gone I've had no contact with any of my old friends from the military. I do not have Buddy letters and I honestly have no means to get them, I've tried everything I can to get in contact with anyone that knew me in the service for many years. People move on, they leave the military, they PCS, they die, they disappear, this is a fact of life that the VA doesn't understand apparently. civilian medical records for the last 7 years: I have none, They do not exist. I was living under a bridge, I had no income, I was eating garbage out of dumpsters, going to a doctor was the least of my worries. Only recently this year (April) did I become registered in the VA medical system. (They haven't yet provided me with a PCM so I can't make non-mental health appointments), I've tried to make appointments and I get the same answer every time, NO. The only records I have are already in the VA medical system. Statements from military medical staff, I have none. If they exist they would be in my somehow non-existent records. State or local accident and police reports: None exist. Employment physical examinations: I don't have these because I've been unemployed since military service. Any jobs I've applied for haven't gone past the interview stage. (What is your address? Employment rejected) Letters written during service: The few I did write were destroyed by an angry ex-wife Photographs taken during service: None Pharmacy prescription records: please refer to the first point in this list. Insurance examinations: yeah, right... I went to a VSO to help me with my claim which proptly closed it's doors, shut down and destroyed all records and paperwork within a month of me signing over a power of attorney. The VA won't talk to me, they don't have my records, they won't let me see a VA provider, they won't send me any information about my claim. I've been scheduled 3 appointments with the VA in the last 3 months. EVERY SINGLE APPOINTMENT has been an intake class for people new to the VA system. These appointments have also been scheduled in a city 40 miles away from where I am, even though there is a VA clinic 2 blocks from my apartment. I've taken the same class and filled out the same paperwork 3 times. Yesterday I got a notice advising me of a new appointment. Guess what it's for? New patient intake... What the hell is the VA doing here? Am I going insane? Who is running this rag-tag system? What do I do here? Should I just give up? I'm running out of time here. I can't live in this apartment forever. They are starting to tape notices to my door asking for money I don't have. I'm about to head back under my bridge and say the hell with it. What a disaster.
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