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Are all military medical records on file at the VA?
RichardZ posted a topic in How to's on filing a Claim,
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.-
- 4 replies
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RichardZ, -
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Caluza Triangle defines what is necessary for service connection
Tbird posted a record in VA Claims and Benefits Information,
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”-
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Tbird, -
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Post in ICD Codes and SCT CODES?WHAT THEY MEAN?
Timothy cawthorn posted an answer to a question,
Do the sct codes help or hurt my disability rating
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yellowrose, -
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Post in Chevron Deference overruled by Supreme Court
broncovet posted a post in a topic,
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.
Picked By
Lemuel, -
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Post in Re-embursement for non VA Medical care.
broncovet posted an answer to a question,
Welcome to hadit!
There are certain rules about community care reimbursement, and I have no idea if you met them or not. Try reading this:
https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
https://www.law.cornell.edu/cfr/text/38/3.344
Picked By
Lemuel, -
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Question
carlie
Yesterday I attended a DRO Hearing at St Pete RO with
a buddy of mine, it was his DRO hearing.
He still has DAV as a rep and we went there first and met
with the DAV rep prior to the hearing.
Funny how ...
this buddy of mine called the DAV for two weeks prior to
the hearing to try and talk to a rep and they never called him back.
Yet when we go into the DVA office, his rep that was assigned
acted like my buddy and her were old friends - not.
Funny how ...
the DAV rep and the DRO overly emphasise (sp) that this is such an
informal process, of course merely a fact finding mission,a procedure that is
completely non-adversarial --- right --- that is why they both smile
so nice and behave soooo friendly,
that is until they start recording the hearing ------ woosh ---
the smile and friendly disappear.
Suddenly, the DAV rep and the DRO hit professional mode and have to
actually read printed script from 38 CFR into the hearing record,
trying to ensure they dot their i's and cross their t's.
You would have thought this DAV rep and the DRO were a high school tag team.
Funny how ...
they both .. on record .. tried to convince me that Diagnostic Codes
DO NOT HOLD MUCH IMPORTANCE and how easily they can be changed, even
if VBA has already rated a vet as SC'd under a specific Diagnostic Code.
Funny how ...
I had been sworn in when the hearing began - and these two so called
educated adults, just assumed I was the vet's mother and addressed me
as such.
No - I did not correct them, nor ever illude that I was his mother.
Funny how ...
They both dropped their jaws,when they asked me,
if I would like to say anything on my "sons" behalf.
I just reach over infront of my buddy and flipped a folder open that
I had prepared and taken to the hearing.
Funny no longer ...
as I read a few pages of rules and 38 CFR regs, Diagnostic Codes and quotes from
medical records that were in VA's possession, but not listed in the Evidence
or discussed at all in the Reasons and Bases Sections of the Rating Decision.
Funny no longer ...
as I addressed one of the issue's, service connection,
granted at zero percent for Diagnostic Code 5296 -
Skull loss - and surgical records showing six surgeries,
to include a Medpor - titanium coated implant,larger than a quarter,
a major surgical re-constructive procedure done to replace
shattered bone from a MVA roll-over in Afghanistan.
Funny no longer ...
as I am shown once again, that this VBA adjudication system
is the true location, of where ... the real scammer's reside.
carlie
Carlie passed away in November 2015 she is missed.
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