Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

Top 10 VA Disability Claims Articles

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Release Of Smr's

Rate this question

john999

Asked by john999,

 Share

Question

  • HadIt.com Elder
john999 Grand Master

john999

Posted
  • HadIt.com Elder
Posted

I asked for release of some psychiatric records from my SMR's that were never found before this time. I got a letter back form NPRC that they will only release them to a doctor who can explain them to me. These are records that have not been in my C-file for 40 years. I requested them specifically this time. I can't believe that these records were not given to the VA when I filed my orignial claim. What do you make of this requirement that the records have to be released to a doctor and not me? This is the NPRC in St. Louis. I am sure going to get them sent to a friendly doctor.

Link to comment
Share on other sites
  • Answers 12
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

12 answers to this question

Recommended Posts

  • HadIt.com Elder
LarryJ Grand Master

LarryJ

Posted
  • HadIt.com Elder
Posted

I asked for release of some psychiatric records from my SMR's that were never found before this time. I got a letter back form NPRC that they will only release them to a doctor who can explain them to me. These are records that have not been in my C-file for 40 years. I requested them specifically this time. I can't believe that these records were not given to the VA when I filed my orignial claim. What do you make of this requirement that the records have to be released to a doctor and not me? This is the NPRC in St. Louis. I am sure going to get them sent to a friendly doctor.

The NPRC (NARA) is only following written protocal/procedure when dealing with a person's possibly harmful, potentially damaging medical records. Just do as you said, and get them sent to your local doctor.

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

Link to comment
Share on other sites
  • HadIt.com Elder
Josephine Grand Master

Josephine

Posted
  • HadIt.com Elder
Posted (edited)

John,

That must be a New Regulation.

My Psychiatric Records were also kept from me for 40 years,

but when I wrote to the St. Louis Archives, one of the clerks

called me and ask me exactly what I was looking for and then

they mailed them directly to me.

I then presented them as "Both New and Material Evidence" and

re-opened my first claim as the R.O had never requested them

and always told me they didn't exist.

I remember you wrote to me a few years back about those

records and now you have located them.

I am so Happy for You.

Betty

Edited by Josephine
Link to comment
Share on other sites
  • HadIt.com Elder
Philip Rogers Grand Master

Philip Rogers

Posted
  • HadIt.com Elder
Posted

John - that's a good idea or you can have your atty request them. They can't withhold them, from him!

pr

I asked for release of some psychiatric records from my SMR's that were never found before this time. I got a letter back form NPRC that they will only release them to a doctor who can explain them to me. These are records that have not been in my C-file for 40 years. I requested them specifically this time. I can't believe that these records were not given to the VA when I filed my orignial claim. What do you make of this requirement that the records have to be released to a doctor and not me? This is the NPRC in St. Louis. I am sure going to get them sent to a friendly doctor.

Link to comment
Share on other sites
  • HadIt.com Elder
john999 Grand Master

john999

Posted
  • Author
  • HadIt.com Elder
Posted

The thing about the records is I don't know what is in them. It might hurt me or help me. The actual records I want may not exist, and they may send me the same old junk. I asked for specific records. But I don't know if I will get them. This is why I want them sent to my personal doctor. If they say "This soldier is a personality disorder etc" the VA does not need to hear that again from the army. They screwed me enough the first time. If the records say I was being treated for legitimate medical psychiatric condition that will be a differenct story. If my lawyer got the records he might have some duty I am not aware of to tell the VA. Until I know exactly what is in them I want to have control of them via my doctor.

Link to comment
Share on other sites
  • HadIt.com Elder
Pete53 Grand Master

Pete53

Posted
  • HadIt.com Elder
Posted

John:

There is nothing that they can say that will hurt you as you have pretty much matured and think differently than you did in your early 20's. You probably will be able to close the book when you get the info and prove your CUE Claim.

For me getting 100% was actually the Military Validating that I was injured when I served and making things right.

So get the records sent to a Doc or your Lawyer. If it was me I would want the lawyer to have it.

Veterans deserve real choice for their health care.

Link to comment
Share on other sites
  • HadIt.com Elder
Commander Bob Grand Master

Commander Bob

Posted
  • HadIt.com Elder
Posted (edited)

I asked for release of some psychiatric records from my SMR's that were never found before this time. I got a letter back form NPRC that they will only release them to a doctor who can explain them to me. These are records that have not been in my C-file for 40 years. I requested them specifically this time. I can't believe that these records were not given to the VA when I filed my orignial claim. What do you make of this requirement that the records have to be released to a doctor and not me? This is the NPRC in St. Louis. I am sure going to get them sent to a friendly doctor.

Thanks for the heads-up on that info, John999. I too have to send off for all my records...VA & SMR's.

Some notes in the old smr's could prove helpful in some PTSD claims. Unknowingly a DR. or nurses' note could reveal PTSD symptoms.

In 1978, my rep found a SMR hosp. note that helped me get a misdiagnosed, miss-coded 10%SC. Of course that's what I'm trying to get corrected now.

As carlie would say.. back on the "hamster wheel".

Edited by Commander Bob

"it shall be remembered"...

"We few"

"We happy few"

************************

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • First Post
      Lebro
      Lebro earned a badge
      First Post
    • Week One Done
      stuart55
      stuart55 earned a badge
      Week One Done
    • One Month Later
      stuart55
      stuart55 earned a badge
      One Month Later
    • Conversation Starter
      Lebro
      Lebro earned a badge
      Conversation Starter
    • First Post
      Sparklinger
      Sparklinger earned a badge
      First Post

  • Our picks

    • Caluza Triangle defines what is necessary for service connection

      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”
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • 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 
      yellowrose

      Picked By

      yellowrose,

    • 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.   
      Lemuel

      Picked By

      Lemuel,

    • 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

       
      Lemuel

      Picked By

      Lemuel,

    • Post in What is the DIC timeline?

      broncovet posted an answer to a question,

      Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept