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C&p Freedom Of Information Act - Weard Response

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jecsb4

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jecsb4 Proficient

jecsb4

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Hi All,

I am not sure if this post should be here or in the C&P section…moderators please move if I messed up…

This to me is very strange!!

I had two outside contracted exams by QTC med services for increase for headaches and depression – not other wise specified. Both are currently SC.

Well I know from this board that to get a copy of the C&P I must file a freedom of info request with my VARO, unlike if it was a C&P at the VAMC – where I could just go to the records release dept. and get copies.

Here is the “pickle”, I had the exams and I submitted a request for a release via the FOIA. Everyone tells me it will slow down my claim….well knowledge is power and I can’t counter attack against a poor C&P unless I read what they say.

Well I get a letter from the VARO that basically says:

There letter acknowledges receipt of my FOIA request and THEY DECIDED to grant me access to the info if the records are found! But info may be exempted from disclosure by law! Sections provided to me may be deleted or marked out that are exempted!

WTF is this? Last time I had a QTC (contractor) exam I got the entire thing with no restrictions! It almost sounds like one of those TV shows like 20 – 20 where they request CIA or FBI info and they get records that are 80% blocked out!

Is this a new tactic? Has anyone else got this type of response? Why would they possibly hide my medical info from me?

I do know that one of the exams lasted less than 10 minutes for headaches that I know the general family practice Dr. was screwed up in proper protocol.

Even before the outcome, I am working on getting IMO at my expense.

This was not like the last time I got my FOIA C&P a few years ago!

What gives?

If they don’t give you your entire info how can you defend or attack for your case??????

Help….thanks.

PS…I never worked for the CIA, MI or FBI so WTF? At least I don't remember (kidding).

jc4 :unsure:

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Berta

Berta

Posted
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I feel this should not have happened-but

you have the right to a copy of the C & P without even citing FOIA-

I got a copy of a C & P recently in 2-3 weeks-but I expected lots of BS- the last request I made for some records years ago took over 4 months -I had only requested a few pages that had been copied so that they could not be read as to what blood chem tests were on them-(of course these copies were some of the most probative evidence I had)but the FOIA officer knew I had sued this same VA where she worked-and she deliberately was trying to stall-

I called the director and got the copies.

They are treating your request as a formal FOIA-but I posted here before- if you cite FOIA 5, USC 552, than also cite the Privacy ACt 5, USC 552, as FOIA will definitely hold up requests like this.

Under the Privacy Act 5, USC 552 you have the right to this information.

And you dont even need to cite ANYTHING- just ask for them in writing.

They are YOUR records.

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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carlie Grand Master

carlie

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Posted

jecsb4,

If the Psychiatrist or Psychologist that was the Mental Health C&P examiner,

made any notes that releasing their information to you, could exacerbate or

increase your symptoms - VA can withhild this information.

I say this rule sucks.

jmho,

carlie

Carlie passed away in November 2015 she is missed.

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71M10 Mentor

71M10

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Posted

My 2 cents, this sounds like a form letter. "Exempted from disclosure by law" this would be the blacking out of SSN numbers of other individuals (yes I know its an exam on you and wouldn't include anyone elses SSN) or information in the records that by law you wouldn't have access to. It doesn't sound like they are saying they can't release the information to you because it would be to your detriment (disclosure not in interest of patients health).

I guess ultimately you will know when it comes.

Best regards,

Tyler

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jecsb4 Proficient

jecsb4

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jecsb4,

If the Psychiatrist or Psychologist that was the Mental Health C&P examiner,

made any notes that releasing their information to you, could exacerbate or

increase your symptoms - VA can withhild this information.

I say this rule sucks.

jmho,

carlie

Carlie,

That might be the case, but last time I check with the VARO / POA, the C&P's were not turned in yet. Last time I did the FOIA I never got this VARO form.

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Josephine Grand Master

Josephine

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This is the same form letter I received when I requested a copy of my C-file, if they could find it and would send what they did not have to delete.

Betty

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