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!

[purple]

That's why I got the records myself and sent them in with my claim.......never trust the VA to do it for you.

[LarryJ]

Over six years ago, when I started my own little personal trip down "memory lane" with the VA, I told them at that time that I was receiving SSDI due to the self-same injury for which I was applying for VA Compensation.

Of course, they denied me, denied me anything, period. I assumed that an app for TDIU was supposed to be "inferred" when the VA found out about someone receiving SSDI for the same disability for which they were applying for VA Comp. But, regardless, I TOLD the VA about the SSDI and signed the little paper whereby I okayed the VA to get the SSDI award paperwork.

SOC came.........no mention of SSDI.

NOD went out, from me, along with MY copy of my SSDI.

SSOC came.......no mention of SSDI

Went to BVA.......Got the same "do you want us to make a decision or do you have any more evidence........."

Sent them a copy of my SSDI.........

BVA decision: Remand to RO....

Get a letter from RO: "do you want us to make a decision on the evidence we have listed or do you have more evidence........"

Sent them a copy of my SSDI.......

Got my "reward" for being a good jarhead......20%

NOD's........sent along a copy of my SSDI...........

Filed a couple more claims..........denied.....with a list of evidence that the VA used to come up with their decisions......NADA about the SSDI records.......

NOD'd the denials.........sent in a copy of my SSDI records.........

and the beat goes on, and the beat goes, drummers pounding rythym to my brain.....and the beat goes on...........yada da da dee, yada da da di....

[john999]

Larry

That sounds like a possible CUE to me. When the VA was put on notice that you were on SSDI for your SC injury that was an inferred claim for IU. This according to the VBM. That should be your effective date for IU. Do you have the actual record of the VA being notified about your SSDI status? I think I would try and get a lawyer because that means possible retro and this is what interests our legal eagles. The VA never admits these things. It has to be rammed down their throats with a legal shoehorn. Another way to look at it is that you have an unjudicated claim for IU dating back to when the VA were notified you were unemployable. The VA will probably lie and say they considered the fact you were on SSD and still only granted 20%, but reasonable minds could come to a different conclusion. Their argument seems to be unreasonable. Either they never got the SSDI information or they got it and never considered it. You did not get due process. How can you get due process when vital information and evidence is not considered?

[SeattleShay]

Larry

Thank you, now I KNOW why I have drumming in my head all of the time !!!!!!!!!! B)

[yoggie2]

The VA does request your private medical records I have a Document they had sent to my private doctors requesting these records and here is where they get you.

1. We are requesting medical records for Mr. XXX and we will not pay 1 cent for them.

2. Your doctor sometime will not respond.

3. VA holds up your claim tells you they are waiting on your Medical records. because 1 or 2 or both.

4. VA lost the records and state they were never received or turned in.

and sometimes the Va receives your medical records of years of treatment by many Dr or specialist and they are meaningless due to a NP faulty C&P exam.

Get these records your self and date stamped, every single sheet.

[kenkandu]

That's exactley what I was told.... They would not pay for them, in fact I had gone in to my Dr. to get a copy of my record for myself and they said since I had already had one requested to be released to the VA I would have to pay for the second copy. (that the first copy for the VA would have been sent to them for free)..... BUT SINCE... the VA NEVER requested them my copy would be free. I sent the VA a copy of the release form and since I live in a very small town less than a couple thousand people our Dr's are very pro Veteran's and are willing to bend over backwards for the vets in this town. So I know that they would have sent the records as soon as the VA requested them. I could have handled the hold up or the wait on my claim fora couple of more months for a more honest evaluation as it had already been almost 10 months as it was. And lastly I am sure that my C&P eam went very well. It was that I just did not have the records I needed to back up my claims just the MRI's and some surgical procedure records. Not really sure what you meant by NP faulty C&P exam so I am guessing on that one. I will not rest until I get what I feel I deserve on this. I try not to complain and take up too much of the VA's precious recources as I know there are many Vets that need help but I will no longer sit on the side lines and just let what I have coming to me go by the wayside. If I have to campout at the VA and have them take MRI's and do all these surgeries that I need then I guess that is what I will do. I have procrastenated for too long and been paying deductables for tricare and using other insurance for alot of these problems. Not anymore. I admit it... I was an idiot. I just did not want to burden a system, but know I am learning why so many people are mad at this system.