C&p Freedom Of Information Act - Weard Response

[jecsb4]

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

[allan]

"Everyone tells me it will slow down my claim…."

Isn't it odd how VA and NSO's will throw this out to put fear in Vets? Than they will forget what your claims about or they ever talked to you until you call them again.

If a veteran is serious at all about winning the claim, they better get copies of all their exams and read them carefully. If there's anything thats not right, they better request another exam or get an IMO to dispute it or else it's dead in the water.

I was told the RO never received one of my VAMC C&P's. They even scribbled it on a note for an IMO they needed, to shoot down the one they claimed they never received.

Request after request through the VAMC C&P dept, VARO & NSO fell on deaf ears.

Nearly two years later I found it in a packet marked, "for administration purposes only". It was stuck in the middle of my health records & the PCP's would take it out at every appointment & set it aside. For two years that fully favorable exam & opinion sat right there & I new someone was lying about it but couldn't do anything.

Thank goodness I finally found it, even though the RO & BVA has failed to recognize it exists, COVA will. They may have some explaining to do.

Edited May 14, 2009 by allan

[iraqx2]

I would think the c&P examinations done by the contractors will eventually come back to the VA as in house " Medical Records ". I usually go directly down to the VA medical center, the medical records department, show my ID, and ask the clerk for all my records from this date to this date. My C & P exams were always in these records.

I have never filed a FOIA for any of my records. It was all hands on.