ptsd Burden Of Proof...

[notime362]

I have filed claims for PTSD and Tinutis on March 3, 2008. I've given them all the documentation they asked for, and even had a C & P exam for Tinutis this past November. I called in December to see the status of my claim. I was advised it was before the Review Board, and should hear from them shortly. I was even getting excited.... Today, I receive a letter from Montgomery stating they need copies of my treatment records from Vero Beach CBOC/West Palm Beach VAMC. My question is aren't all my VA files available to them throught their own computers? Would it help to ask the main office at Birmingham on my visit tomorrow?

[Commander Bob]

I would do what you have to do to get copies of the records from the VAMC and submit them ASAP. I told the RO my records were at a particular VAMC. When I got my decision they denied the claim saying that the VAMC failed to respond to their request for records. They can always verify the records with the VAMC if they need to.

When did this happen Hoppy?

[Commander Bob]

Funny, but when I worked at the DVA, they had such a software that could locate Veteran files using COVERS and BINQ/SINQ.

What do you think hollywoodnc? Do you think the vet should find the records or contact the other VAMC and ask for copies of his records there? Are the old paper records on computer files now? We don't have enough info from notime362 at this time.

My first impression is that the VA in Alabama will contact the VAMC in Florida. However, Hoppy has the right idea. I would do what ever it takes to get the needed records to the review board VA in Ala. I hope notime362 gets some answers tomorrow when he visits the main VA office in Birmingham.

Berta mentions the mishandled documents at VA. The Department of Veterans Affairs has ordered special procedure rules for missing claims or evidence submitted between April 14, 2007 and Oct. 14, 2008. notime362's March 2008 dates puts him in the time frame. Where is his records? does he have a time limit like Hoppy had? We need more info.......

Edited January 9, 2009 by Commander Bob 92-93

[broncovet]

Notime..

I agree with Berta and poolguy. The VA is like the IRS. For example, if you call the IRS and say, "Is this deductable" and they say, "sure", then you can hold em to that, right?..wrong. Same with the VA. The 800 number people can tell you your check is in the mail..and then you get a decline lettter, and you can do nothing about it.

IRIS is an abbreviation for a secure email the VA uses to answer claims questions. To ask the VA a question about your claim, via iris email, do this:

go to www.va.gov Then click "contact us" in the upper right hand corner. Then click "Ask a Question" You will have to give them information, then you can submit a question via IRIS. How long it takes them to answer depends..I have heard 53 days, on hadit, and I have, on occassion, been answered in less than one day.

Thanks for your service to our country.

[Hoppy]

When did this happen Hoppy?

Commander Bob,

It happened around 2001. I went nuts on the people at the VAMC for not responding. The supervisor in release of information (RIO) told me to settle down and went into her files and found the name of the person from the RO who VAMC ROI gave to records to. They gave the RO the records 3 month before the decision in which the RO said they failed to respond. It was all a big RO lie.

What rewally ticked me was that it took me 5 years to find the records. A clerk at the same RIO office originally told me the records were destroyed in the '94 Northridge earthquake. Because I had a claim I had the clerk give me a written/signed letter saying the records were destroyed. 5 years later I casually mentioned to another clerk in the office how much trouble I was having because my records were destroyed in the earthquake. The new clerk told me nobodys records were destroyed. The VA went to great lengths to freeze dry the records and only a line or two on a page might have been hard to read. The new clerk found the records, sent them to the RO and the the RO turns around and lies that they did not get them. The VA has a lot more tricks than "shredder gate" to use if they want to subvert a claim. The missing records were a twenty year history of treatment for angioedema.

[notime362]

Greetings notime362 . In the letter from the VA you received on Jan 6th, did the VA say that they will get the records? Or are they waiting for the Vero, Palm Beach VAMC to send the records? Or are they asking you to provide the records? What about the C&P exam for the PTSD? Have you had that yet? Sorry for all the questions, I'm just jumping in here and haven't had time to read all your postings yet. Interesting claim, I would be glad to add my two cents to it. Cmdr. Bob

Commander Bob, The letter states"we have requested copies of treatment records or other evidence from the Vero Beach CBOC/West Palm Beach VAMC. Even though we have asked for this information, it is your responsibility to see that the VA receives it(except for any evidence kept by the VA, military, or any other federal government agency)." As for the C&P for PTSD, I gave them articles from the Stars & Stripes, as well as a base paper showing the incident. Shouldn't the VA be able to get their own records from my file. When I questioned Birmingham at that time, she said that they probably have all the info they need. I was diagnosed in 12/08 with a Brain Tumor, they were able to gather all my records from the Neurologist in West Palm, while I sat there.

[broncovet]

Notime

I agree with commander Bob and Hoppy. You need to go ahead and ask for "Special Claims Handling" per Dr. Peak's fast letter 08-41 (document shredding).

It would appear to me that you are another victim of document shredding.

Go to this link for the VA watchdogs newest information on document shredding:

http://www.vawatchdog.org/VAshredderscandal.htm