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Ammend Any Discrepancy


Josephine

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  • HadIt.com Elder

I have a problem getting this through many veterans heads.....YOU CAN HAVE A VOICE and HAVE THE VA TAKE OUT OR AMMEND ANY DISCREPANCY OR information that may or may not be harmful to your case.

How do you accomplish this? I have a letter signed by the Director of the VAMC refusing to do just what you stated.

He states in his letter that I objected to everything in the write up of the C&P, but his doctors did not wish to change anything written.

You have the find to appeal to the General Council.

There is not one shred of these lies in any of my medical records in service or the 44 since service. Things like, " She denies any self - inflicted injuries," " According to her"; " she beats her husband"; One medical record states that she is a gravida 3 para 3, but " She claims to only have two children."

The true medical states, she is a gravida 3 para 2. I only have two live children. One daughter 37 years of age and one daughter 41 years of age and one still born boy lost at 5 months into pregnancy.

My C&P by those two psychiatrist is so full of lies and slanderous accusations and I have had no luck whatsoever in having any of these removed from my record.

In my Supplemental Statement of the Case the Service Manager states, " I know that you feel that this C&P was erroneous, but it was adequate for rating purposes.

Always,

Josephine

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Josephine -

Hi. I was looking to see if you had a success story yet :D

This is A SOCIAL SECURITY Employee Standard of Conduct - Under the Privacy Act -- NOT A VA One -- but you might want to see if the VA has one that is similar --which it MIGHT because it is also a Federal Agency --

So you might want to research the PRIVACY ACT concerning the VA

Anyway -- Concerning Social Security and the Privacy Act - I found:

"Employee Standards of Conduct stated in:

Appendix A to Part 401—Employee Standards of Conduct

(2) SSA may be subjected to civil liability for the following actions undertaken by its employees:

(a) Making a determination under the Privacy Act and §§401.65 and 401.70 not to amend an individual's record in accordance with his or her request, or failing to make such review in conformity with those provisions;

(:rolleyes: Refusing to comply with an individual's request for notification of or access to a record pertaining to him or her;

© Failing to maintain any record pertaining to any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such a record, and consequently makes a determination which is adverse to the individual; or

(d) Failing to comply with any other provision of the Act or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual.

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Yep it applies to all Federal Agencies. B)

Josephine -

Hi. I was looking to see if you had a success story yet :D

This is A SOCIAL SECURITY Employee Standard of Conduct - Under the Privacy Act -- NOT A VA One -- but you might want to see if the VA has one that is similar --which it MIGHT because it is also a Federal Agency --

So you might want to research the PRIVACY ACT concerning the VA

Anyway -- Concerning Social Security and the Privacy Act - I found:

"Employee Standards of Conduct stated in:

Appendix A to Part 401—Employee Standards of Conduct

(2) SSA may be subjected to civil liability for the following actions undertaken by its employees:

(a) Making a determination under the Privacy Act and §§401.65 and 401.70 not to amend an individual's record in accordance with his or her request, or failing to make such review in conformity with those provisions;

(:rolleyes: Refusing to comply with an individual's request for notification of or access to a record pertaining to him or her;

© Failing to maintain any record pertaining to any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such a record, and consequently makes a determination which is adverse to the individual; or

(d) Failing to comply with any other provision of the Act or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual.

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  • HadIt.com Elder

Hi Free,

No news yet. My computer flew the croop though. Had to buy a new one. What a mess!

From what I am told the " Rating Specialist" has been working on the claim for about 6 days now.

They said that it would take at least a couple of weeks, due to the size of my file.

Maybe they are at least reading it and studing it.

I would prefer that they take their time and do an excellent job.

Thanks for the info.

Always,

Josephine

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