Va Requesting Medical Records Already Sent In By Vet -

[tssnave]

This is quote from another thread (Talked to "senior Staffer") by 71M10 and rather than interrupt his thread which has to do with questions concerning his arthritis claim, I'd like to start a new thread regarding his experience with the VA requesting his civilian medical records even though he already sent them in.

Has this happened to anyone else - where the VA has sent a records release form for civilian medical records you've already sent them and told you that even though they have them the VA has to request them again? Talk about stupidity and redundancy! Does anyone know if this a new change in policy?

This is quite different from my experience over a year ago where the VA wrote and told me they needed my civilian medical records (and like 71M I had already sent them in). They also stated that it would be quicker if I got the civilian medical records and sent them in rather than wait on the VA to do so. I asked my DAV rep what I was supposed to do since I had alreay sent in the records in question and he said to send them in again otherwise I would not be in complicance with the request which could delay or negatively impact my claim so, despite the lunacy of the whole thing to me, I sent the records in a second time.

Here is the quote from the other post - I'm interested in hearing how this was handled in others' claims one way or the other (did they accept your civilian medical records that you sent in or did the VA request them again thus delaying your claim processing as well as getting duplicate records):

"I called and was told that they were waiting for medical records. I indicated I sent them and they verified receipt. VA employee indicated VA still had to request them from the provider even though I sent them in. So I asked when they requested them (id check with Dr.'s office on getting them sent). Employee said VA hadn't requested them yet and she couldn't tell me when they would be able to get a letter sent out requesting them. I did an IRIS inquiry, and request through Senator’s office. IRIS inquiry went no where, they said they had the records and that there was a backlog. Senator sent a letter saying they were looking into it. Called today person looking on the system said a senior staff member had pulled my file yesterday, put me on hold and I ended up talking with the senior staffer. He told me they were looking into my claim at the request of the senator’s office. He indicated he could see that I sent in medical records and a records release form and said they still had to request the records. I told him the VCAA form I sent said don’t wait for records, and I only sent the release form back since their letter to me said they needed it and not receiving it would seriously impact my claim."

Thanks,

TS Snave

[john999]

TSSNAVE

I would get the records myself and go to the VA regional office and submit them, regardless of what the nitwits tell you. I submitted all my doctor records, SSA and other evidence the VA said they had to request. It would have taken a year to have them get that stuff. I even submitted a certified copy of my DD214. Get date stamped copies of everything you give the VA.

[allan]

Hello TS,

They can drag this out for atleast a yrs delay. Requesting records they already have works when they have nothing else to delay it with.

A claim delayed, is as good as a claim denied. A claim remanded back to the RO, is also as good as denied.

anything to delay a claim, is as good as denied.

[SLEDGE]

Yup, that is one of their favorite tricks.

After I sent them every known medical record and my military personnel file they denied because the records did not show any in-service medical problems.

They gave me a time period to submit new evidence or the claim would be closed.

None of that made any sense so I sent them more copies of the records that did show what they were looking for.

They sent the second set back and informed me that they already had those records. In the same communication they informed me that sending in duplicates of what they already had just slowed down the system.

That was over twenty years ago and the VA has only gotten worse.

At least in my case.

I know that they are continuously messing with me, always have been and always will be, because I've seen their notes to one another in my c-file.

So has my attorney.

Screwing veterans is what they are paid to do and you will piss them off by suggesting that they can't read or follow their own regulations. Then they mark your file and you can watch them retire while your claims are still denied.

Poll:

How many here believe that Kenneth Carpenter would still be representing me, after 7 years, at the court, if I did not have a good case?

[Josephine]

Sorry for chiming in.

Josephine

Edited May 27, 2007 by Josephine

[Stretch]

VA used an FOIA, from me, to ask for my doctors records. When I went to BVA, the judge ask for an updated FOIA on my SSD award letter (CVAA letter). This was another year stall to get the same award letter.

In the mean time, I got to thinking what about the other medical records for emergency and other doctors I saw at Kaiser over the years. I called Kaiser, faxed an FOIA for all my records, and had them send copies to me and the VA.

There were many emergency records that were not even in my doctors records from the hospital, but all the records came, to me and the VA, when I requested them personally through Kaiser FOIA. Get to know the FOIA person at your civilian hospital.

I faxed all of my med records to the VA. Then the VA realized that it screwed up and excepted the complete med records.

You cannot count on the VA to get anything. They will not get the complete records if you allow them to get away with it.

Also if you present SMR, to the BVA judge, that is not directly from the NPRC, the Judge will request a complete set of SMR all over again. This is no fault of the VET and it appears to be deliberate.

You should also get an updated DD-214, to a DD-215 if you have any awards or medals that are not on your DD-214. Many times Veterans leave service before they get all of their awards and medals. These missing awards can be used as evidence.

[Josephine]

Sorry for chiming in.

Josephine

Edited May 27, 2007 by Josephine