C & P Records Problem

[Kevin J]

I recently had a C&P exam done at the Orlando VAMC and when I go to the ROI office they tell me that they are not allowed to release the C&P medical records because it is still being rated. There is a sign on the wall that says per the St. Petersburg Regional Office that they can not give out the records. Is that allowed since it is a medical record, aren't we supposed to have unlimited access per federal law to our records? Can the regional office get away with this and what should I do to get my complete records? Has anyone else run into this problem and the Orlando office?

Thanks,

[sharon]

Request the exam results directly from the RO. They have to release them under the freedom of information act.

[cowgirl]

Sharon, could be the exam rules are changing, been told myself mental health exams like Ptsd aren't releasable until after the rating. Do you have the current VA regulation that will release themunder FOIA ? Maybe changes are happening. Thank you for your help.

Cowgirl

Request the exam results directly from the RO. They have to release them under the freedom of information act.

[LarryJ]

I recently had a C&P exam done at the Orlando VAMC and when I go to the ROI office they tell me that they are not allowed to release the C&P medical records because it is still being rated. There is a sign on the wall that says per the St. Petersburg Regional Office that they can not give out the records. Is that allowed since it is a medical record, aren't we supposed to have unlimited access per federal law to our records? Can the regional office get away with this and what should I do to get my complete records? Has anyone else run into this problem and the Orlando office?

Thanks,

I do believe that they are looking at your C&P exam as an "administrative record" as opposed to a "medical record". And, in actuallity, it is an administrative record. I mean by this, that the C&P exam is not meant to be a medical record whereby you receive any "medical treatment" due to the exam, there are no treatment plans generated by this exam, no medication is prescribed, etc.

If it is an administrative record, then, yes, they can retain it without your being able to access it, until which time that they see fit to release it.

Or, at least, that's the way it looks from here in Texas :P !

[tssnave]

Kevin,

Please ask the Orlando VAMC under what regulation or law are they denying you a copy of your C&P exam. Simply stating that the St Pete VARO doesn't allow it is not a governing rule or regulation or law. If you cannot get a straight answer then ask the head of the VAMC in writing.

Also, send the same letter to the VARO asking them under what law they are denying you access to a copy of your C&P exam.

Please let us know what the outcome of your query is.

If you get the run around, I would suggest you send an email to Larry Strickland at vawatchdog.org and run this past him and see if he can shake out what's going on from his sources.

If this flies and they are able to deny us a copy of our C&P exam until after they decide to rate a claim (which can take months and/or years) then we are left in the dark and have to wait until after the rating to even request a copy - and then what happens to the poor vet who doesn't get a copy of his Cfile and/or C&P exam until after the 1 year appeal period. Lots of vets complain it takes them over a year to get their Cfile. This does not bode well for the veteran and I'd like to know under what authority they are denying vets access to their medical records.

Thanks,

TS Snave

[tssnave]

Cowgirl,

Who told you "been told myself mental health exams like Ptsd aren't releasable until after the rating"?

Please ask them under what authority the VA is going to deny vets access to evidence in their files. I don't mean the VARO said so, what law or regulation or FAST letter is the VARO standing on?

I am curious if this is just the VA blowing smoke up our skirts or if there has been some legal change to deny vets access to their Cfile information.

Thanks,

TS

[tssnave]

Larry,

You bring up an interesting point about administrative records vs medical records but I don't know if it actually has any bearing on the question at hand since we, the vet, can request a copy of our administrative Cfile at any time in the process under the FOIA. Now, whether or not the VA sees fit to send it to us is another matter all together but getting a copy of your Cfile is a protected right that has no time limitations on it therefore, I do not understand why or how or under what regulation or point of law that they could deny a vet access to a copy of their Cfile (which is why I am asking anyone who is a part of this or has any knowledge of this practice to ask under what authority they are being denied access to information in their Cfile.

Part of the reason I think this may be smoke up our skirts is because when I was working my claim Pete was always telling us to get a copy of our C&P exam and Cfile. Well, I literally called 3 different times trying to get a copy of my C&P exam and everytime they said they didn't have it and I'd have to get it from the VARO. I didn't want to request my entire Cfile because I thought that would delay rating my claim and just wanted the C&P exam. Each time I'd call and be told no, I'd post on hadit and Pete would reiterate that I was allowed to have a copy of my C&P exam and I'd call the C&P exam center back.

Finally, in my last call, I got a "wrong" connection to out patient surgery and it was an old surg nurse who told me they didn't have it at the exam location because all med records were stored at the big hospital in another city. That the C&P exam site was a satellite station of the hospital and he even gave me their central number and told me to ask for medical records. I call the hospital, ask for med records and a guy immediately faxes me a request, I fax it back, and I have a copy of my C&P exam in my hands in less than 72 hours.

Point being, had I listened to the VA and not Pete, I would have probably given up after my first request and certainly after my second request but Pete was so adamant that I should be able to get a copy of my C&P exam that I kept at it until I got lucky and found out that the reason they were saying I couldn't have it was because they literally didn't have it themselves. Now why the med records folks at the exam site never bothered to tell me that and why it took a misconnection to out patient surgery for me to find out how to go about it is just ridiculous but it happened.

Long story short, just because the VA says they can't do something doesn't for one minute mean that's accurate.

I hope Kevin J and Cowgirl can get to the bottom of this in case it is a new wave of hassle the VA has in store for vets.

Thanks,

TS

Edited September 12, 2009 by tssnave