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C File And All Medical Records

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stillhere

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I have a claim for and increase been in the works for over 2 months. after reading all the recommendations on Hadit about having a copy of your C file I sent a request to the Virginia VA by Iris and below is their reply. Anyone ever get this kind of answer. It sound kind of tart to me but maybe I am just reading something into it. What do you all thing.

Stillhere

I would like to request a copy of my claim folder and all medical evidence in...

Please send us a signed letter with your request, name, V A claim number, and mailing address. Our address is:

Privacy Act Requests

V A Regional Office

210 Franklin Road SW

Roanoke, VA 24011

Sincerely,

D. Svirsky

Veterans Service Center Manager

164/217/73

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Guest jangrin

Stillhere,

About two months ago we drove to WACO to see my husbands C-file. We felt very rushed and they would not let us touch the actual papers. I think they are worried someone will tear the file up or something in anger. So we asked for a copy of the file. They said they would mail it.

Then she came out with the request form that we had to fill out and sign. Then she took the file away and we left thinking we would get a copy in a week or two. That was 2 months ago. Today we sent an IRIS request asking how much longer.

Even when you go in person, it may not make a difference. They fill the request on what we called (VA TIME) sometimes the term, never, may apply.

Jangrin

Edited by jangrin
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  • HadIt.com Elder

In my opinion--

If you are requesting a copy of the C file and other medical (and service records held by the VA)--

The Privacy act applies. And, more recently new laws concerning medical records release to patients.

The Freedom of Information Act applies, and should be referenced in your request.

(This actually sets a time limit of sorts for the VA to comply with the request.)

I used this about a year ago to obtain a copy of my C file. The VA was dragging along as usual, until I called the regional office, and pointed out that my request letter cited the FOIA and that the FOIA response period had expired. A week later the records arrived. There was a note inside to the effect that the individual I spoke to located my records, copied them, and had them mailed out before the sun set.

Finally, within the VA's world

"This information is Required to perfect a Veteran's compensation claim" or a similar statement should be in the request letter.

You can also--

Obtain a copy of recent treatment records as soon as they are available (I.E. filled out Dr's statements, test results, etc.)

(There is an internal VA document/instruction to providers that directs them to provide the recent information concerning the last visit, etc.) This is best done at the VA hospital or clinic that provided the treatment as soon after the treatment as possible. Even if a written statement authorizing and requesting that the treatment info should be mailed or given to the veteran is on file at the medical facility, it may be necessary to re-request and/or fill out another authorization each time.

(Not supposed to work that way, but it often does.)

Your Dr can also request records, and may get recent records faxed to his office. There is a VA records release form that the VA may want. This is the same form that a VA clinic or hospital requires that the veteran sign to personally obtain a copy of records. I.E. You fillout the form granting permission, the Dr's office faxes it along with his request.

You should also note that a Dr's office can obtain records (no charge) from a medical facility that might charge you a fee if you obtained them directly.

Stillhere,

About two months ago we drove to WACO to see my husbands C-file. We felt very rushed and they would not let us touch the actual papers. I think they are worried someone will tear the file up or something in anger. So we asked for a copy of the file. They said they would mail it.

Then she came out with the request form that we had to fill out and sign. Then she took the file away and we left thinking we would get a copy in a week or two. That was 2 months ago. Today we sent an IRIS request asking how much longer.

Even when you go in person, it may not make a difference. They fill the request on what we called (VA TIME) sometimes the term, never, may apply.

Jangrin

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