The Va Won't Request Copies Of Your Civilian Dr's Records!

[kenkandu]

I am learning so many lesson's about what kind of wool the VA uses to cover our eyes. Government grade with lots of holes in it. I made a few mistakes that I was sure woulde never happen to me. I broke my neck in the service and have lots of residual crap going on with it plus a whole mess of other stuff. This is my third evaluation so you would have thought I would have learned from the first and second request for compensation for my health problems while I was in the Navy. One, I never ask to see what the evaluator was looking at my rating board. (They had not one of my civilian medical records, all I went to for almost 10 years straight was to a civilian medical facility) I did manage to send them some MRI's and some other BS. I went from 50 percent to 60. I know for a fact I should be at 100 percent. My Civilian doctor thinks I should apply for SS asap. I am just like so many other guys and gals out there that just seem to let things go and procrastinate about important things. To be honest with all the headaches I suffer from its like I just don't care. I get CRDP because I did 20. I am going to fight this time and not let the VA just give me some cock n bull story about why I don't rate. I sent them a release to obtain all my medical records from all of my civilian Dr's and just left it up to the VA to get them. Well, I won't make that mistake on my appeal. I am sending a copy of all my records and highlighting anything that has to do with my service related problems. If I have any advice for anyone out there. DO NOT JUST SIT ON YOUR BUTT and expect the VA to help you, you have to get involved with your own claim. and most importantley follow through. I will say that I called and asked about my records during the beginning of my claim and the VA said they had requested my records from my civilian Dr. BS! I went to see my Dr the other day and was going to go over what they must have missed..... they said the VA never requested the files!

[Philip Rogers]

I am learning so many lesson's about what kind of wool the VA uses to cover our eyes. Government grade with lots of holes in it. I made a few mistakes that I was sure woulde never happen to me. I broke my neck in the service and have lots of residual crap going on with it plus a whole mess of other stuff. This is my third evaluation so you would have thought I would have learned from the first and second request for compensation for my health problems while I was in the Navy. One, I never ask to see what the evaluator was looking at my rating board. (They had not one of my civilian medical records, all I went to for almost 10 years straight was to a civilian medical facility) I did manage to send them some MRI's and some other BS. I went from 50 percent to 60. I know for a fact I should be at 100 percent. My Civilian doctor thinks I should apply for SS asap. I am just like so many other guys and gals out there that just seem to let things go and procrastinate about important things. To be honest with all the headaches I suffer from its like I just don't care. I get CRDP because I did 20. I am going to fight this time and not let the VA just give me some cock n bull story about why I don't rate. I sent them a release to obtain all my medical records from all of my civilian Dr's and just left it up to the VA to get them. Well, I won't make that mistake on my appeal. I am sending a copy of all my records and highlighting anything that has to do with my service related problems. If I have any advice for anyone out there. DO NOT JUST SIT ON YOUR BUTT and expect the VA to help you, you have to get involved with your own claim. and most importantley follow through. I will say that I called and asked about my records during the beginning of my claim and the VA said they had requested my records from my civilian Dr. BS! I went to see my Dr the other day and was going to go over what they must have missed..... they said the VA never requested the files!

Kenkandu, once notified and the releases are signed and received by the VA, the VA has a duty to try to get them. The VA generally requests them twice and then notifies you if they haven't received them, so that you can acquire them. Never assume the VA has acquired any records, even from themselves. I think Pete53 mentions this or something like this, in all his posts: Personally view your complete c-file"

pr

[allan]

First of all. Do not trust the Dept of Deception.

If it's possible for you to go to every private MD you've seen during and after service and get a copy of your treatment records right then, do so.

Like you've found out, they will tell you anything and do the opposite.

Once they have your records, they will do all they can to attribute your current condition to post service injuries of any kind.

"patient sneezed according to his records, so we think this broke his neck". You can expect this type of statement on a denial. It may be completely false and have nothing to do with records or facts in the denial, but that doesn't matter to the DVA.

When you send in the records you obtain, always send them "returned receipt requested".

Make a contents page that lists every page you send and underline what you want them to note.

You must point this out in a letter as well. They will not look to put the pieces of the puzzle together. You must do that.

On each page, make sure you put page 1 of 47, page 2 of 47, etc, starting with the contents page.

This does not mean they will not tear off the contents sheet and through away the copies.

They've done it to me.

They may also use the excuse, that if they did not obtain the information, they can't use it as evidence because they can't verify the records as AUTHENTIC. They pulled this on me as well.

My best advice to all is, DO NOT TRUST THE DVA to do the right thing or even do their job.

They are there to PREVENT you from receiving your benefits, not the other way around.

Have you filed for or considered filing for TDIU?

Whatever it takes to deny your claim or low ball you is fine with them. It does not have to be honest, legal or factual in their actions as long as it's effective.

[71M10]

Yes the VA is required to make an attempt to get the records you have given them a release for.

The amount of time they will take doing it is another thing!

Last year I called to check on the status of my claim. I was told they were waiting for records from my civilian doctor. Called my doctors office and they said they didn't have any request. Called back VA. We are waiting on records.... I asked When did you send the request for the records. That letter hasn't been sent yet. Do you know when it will be sent? No, but we can't rate the claim without the records so your file is waiting until we receive the records. I pointed out that on my VCAA notice I asked them to rate the claim and not wait. I was asked why I returned the records release. I stated because the letter they sent me said if I didn't complete the release and return it it could adversly affect my rating decision.

They had had the records release for over 100 days and couldn't slap a cover letter on it and mail it to the doctors office.

It took approximately another 60 days for them to decide to send the claim to the rater without the records.

Its a finely oiled machine I tell yah!

Best regards,

Tyler

[jbasser]

Allan, you hit the nail on the head. Talking about putting it into perspective.

It is sad though. For a veteran to win his or her claim they have to fully develop the evidence.

I will go one step further. The ones that Know the regs ans their conditions asctually self adjudicate their claims too.

J

[Berta]

I sure can relate to that-had situation where they never requested my husbands SSA records-but told my COngressman they did and SSA had refused to release them---yeah right- a boldfaced lie from the fed gov-to a Congreessman and even also to my state Senators-

"My Civilian doctor thinks I should apply for SS asap. I am just"

YES!!!!! and also TDIU (100% comp rate)-sounds like this doctor will definitely support you on this-

Your advise here is absolutely on the mark!

"DO NOT JUST SIT ON YOUR BUTT "

Being proactive is the best way to get things done- whatever it is-

and we each are the best vet reps or SOs we will ever have.

You could ask for a reconsideration-sounds like they messed up here on the evidence-

BUT a TDIU form can cut through plenty of VA Crapola-

You can refer them to separate page and then put your c file # etc on it and tell them if you have ever been turned down for Voc Rehab due to your SC related disabilities-

and ,if you never applied for Voc Rehab -tell them if the side affects (available with the meds or googled on the net) that would preclude employment (like do not take and drive, cause confusion etc-stuff like that-)

"I get CRDP because I did 20"

I have a local vet who just got 10% SC and I know he could get TDIU but he doesn't care-

he gets Mil 20 year retirement-

I am quite sure that TDIU would be more then his retirement pay.

WOuld the higher rating affect the CRDP you get now?

I mean be in addition to what you get now?

[Berta]

forgot-here is th TDIU form-

Question # 18 check yes and definitely apply for SSA- # 25 under Remarks-you can refer them here to additional attached page.

TDIU_form.pdf