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

[Vike17]

tssnave,

Some regional offices will want the actual doctor or treating facility to forward records to them instead of the veteran. Sometimes this is done to reduce the possibility of any fraud taking place i.e. the veteran changing or altering medical records. Also many regional offfices, in the cases where veterans submit copies of eiither their SMR's or private treatment reocrds themselves, will get those records "approved" by someone senior in that office. The "approval" so to speak is also to try and make sure there hasn't been any altercations of the records.

In the instance of when a veteran sends in any medical records pertinent to their claim and the VA turns around and send them the DTA letter asking for the same information again, this is the wonderful VCAA of 2000. The VA MUST send that danm thing regadless. From conversations with various VSR's and so forth I have had in the past, I can tell you the VA doesn't like it one bit either (the redundancy), but they have to send it regadless. One thing to keep in mind is, that normally in the portion of the VCAA letter everyone receives under the portion or page where it says "How You Can Help and How VA Can Help You," under that will be a subsection that says "We have received the following." There it will list all of the evidence the claimant has already submitted.

Vike 17

[SLEDGE]

"Some regional offices will want the actual doctor or treating facility to forward records to them instead of the veteran. Sometimes this is done to reduce the possibility of any fraud taking place i.e. the veteran changing or altering medical records. Also many regional offfices, in the cases where veterans submit copies of eiither their SMR's or private treatment reocrds themselves, will get those records "approved" by someone senior in that office. The "approval" so to speak is also to try and make sure there hasn't been any altercations of the records.

In the instance of when a veteran sends in any medical records pertinent to their claim and the VA turns around and send them the DTA letter asking for the same information again, this is the wonderful VCAA of 2000. The VA MUST send that danm thing regadless. From conversations with various VSR's and so forth I have had in the past, I can tell you the VA doesn't like it one bit either (the redundancy), but they have to send it regadless. One thing to keep in mind is, that normally in the portion of the VCAA letter everyone receives under the portion or page where it says "How You Can Help and How VA Can Help You," under that will be a subsection that says "We have received the following." There it will list all of the evidence the claimant has already submitted.

Vike 17"

Since I've never received a VCAA letter could you supply a link that illustrates what one looks like?

sledge