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Bay Pines Vamc, Lost Med/psyc. Records

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william n

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hey folks, on oct.9th, requested release of info office send 30days of med/psyc. records to my VSO @ the Regional Office[150yds away]. they sent them out oct.17th,2007 and my VSO never got them,to this date.. I filed a ftca 95 immediately, after the privacy officer told me too go to the release office and get "new ones",and hand carry them yourself over there..I said, "What do you think these records are,business cards!" The tort is for--violation of the Privacy Act 1974[failure to maintain and secure] and the VA "information and security act 2006"[breach of duty}.The Supreme Court ruled,[jaffee vs. redmond 1996]that the psycotherapist-patient priviledge[confidentiality and privacy] is essential to the effectiveness of treatment.etc,....ssoooo my records are probably in someone's backyard, but the VA says there around somewhere, there not lost..mmmmmm. this i know...my VSO never got them and they were in support of my claim,for her to submit..expensive records..williamn

william

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In all reality they probably never acted on your request or they sent them to another SO or directly to the DAV, AL etc.... Just my guess and the most likely is they just simply did not act on your request.

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In all reality they probably never acted on your request or they sent them to another SO or directly to the DAV, AL etc.... Just my guess and the most likely is they just simply did not act on your request.

ricky, oh they acted on it, i have a certified/stamped letter stating they sent them, because their trying to cover their $$@#@# now what??? williamn

william

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If I were you I would contact the Records Release officer at the VAMC where you are treated and ask where they are.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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berta, they told me too go have "new" ones printed...[privacy officer]told me that..their unreal...thus my reason for filing another ftca95..i'll go head to head with them.i'm not the least bit intimidated by them..peace, williamn

william

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I don't think that issues will fly anywhere but a trash can for a Tort claim.

BTW, Bay Pines is good about providing copies of that nature (last 30 days)while you wait

in the little room for them. For your Psyc records - your doc might have to approve that before they release them to you.

William ---- FYI, I ALWAYS suggest getting any and all copies of anything released to the claimant

and then the claimant can provide copies to their VSO -- you ALWAYS need your own copy.

Also, you can submit your records directly to the VARO here at Bay Pines and get yourself a date stamped copy of the 1st page. I also suggest laying the evidence out point by point on a

21-4138 form.

jmho,

carlie

Carlie passed away in November 2015 she is missed.

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