Release Of Smr's

[john999]

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.

[Josephine]

John,

Remember this statement from my IME

My review of the records show no documentation which would support the diagnosis of Personality Disorder. There simply are no data which would support that diagnosis under the criteria provided in the Diagnostic and Stastical Manual of the American Psychiatric Association. No psychological or personality testing was done. There was never any showing of an " enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individual's culture... is inflexible and pervasive across a broad range of personal and social situations... is stable and of long duration... (and) is not better accounted for as a manifestation or consequence of another mental disorder." DSM IV TR, pages 287 - 288.

The " other mental disorder" which she clearly *DID* and *DOES *have, and for which she has been treated for 43 years, is *Anxiety Disorder. *

The veteran had no childhood psychiatric, difficulties or treatment, Her anxiety disorder began during her time in service. She has been treated for anxiety disorder for 43 years by a number of physicians.

[john999]

Bob

If you can't win a PTSD claim with your experience then nobody should be able to win regardless of what is in your SMR's. I guess if walking into a minefield is not the most horrifying feeling one can imagine when fellow soldiers are being blown up and you are blown up as well. If that does not fit the definition of extream fear and helplessness the VA better rewrite the regs. The VA's denial of your claim is absurd. Of course, the low ball of my claim was absurd as well. I spent two weeks in a VA nuthouse within 6 months of my discharge. I was discharged with a DX of schizophrenia and I got 10%. How many people with schizoprenia are only 10% disabled? I guess I had a mild case like a very mild case of PTSD as if that exists.

[LarryJ]

Oh yeah, speaking of how to go about getting your records, regardless of what sort of records they are (psych, etc.), you folks do realize that there is ONE other person that can get your records besides your attorney (if you have one) and one other person that can have your records sent to him/her. That person being the person that holds your Power Of Attorney. I have been able to get records for some of "my" veterans whereas even THEY could not get them (as in the case of psych records). There are two different Power of Attorney, or maybe I should say, two different classes of POA. One is when you assign your Power Of Attorney to a Service Organization (DAV, VVA, OPH, JWV, etc.) and one is where you assign a particular person as having your POA. I do not, as a personal choice, have anyone fill out their POA and assign ME as their POA holder. I have them complete the assignment form assigning the JWV as their POA, thereby eliminating the possibility that I may wake up dead some morning and then, well, and then there you'd be...............with a dead POA and no recourse for continuity of your representation, whereas my Service Organization does have a few more Service Officers that could take over my "case load" in case the worst should happen.

But, yes, I can get sent to me, records such as your psych records, all I have to do is send a copy of your form assigning me (the JWV) as your POA, to the National Personnel Records Center in St. Louis, along with the request for records form, signed by me, in and for the JWV as your POA.

[Commander Bob]

Bob

If you can't win a PTSD claim with your experience then nobody should be able to win regardless of what is in your SMR's. I guess if walking into a minefield is not the most horrifying feeling one can imagine when fellow soldiers are being blown up and you are blown up as well. If that does not fit the definition of extream fear and helplessness the VA better rewrite the regs. The VA's denial of your claim is absurd. Of course, the low ball of my claim was absurd as well. I spent two weeks in a VA nuthouse within 6 months of my discharge. I was discharged with a DX of schizophrenia and I got 10%. How many people with schizoprenia are only 10% disabled? I guess I had a mild case like a very mild case of PTSD as if that exists.

Thank you for your support and advice, John. You are truly an inspiration.

Our C-file will forever be a record of our life. At this point in our lives,and as we prepare our check-out list, I for one, would like to get the record straight.

Your misdiagnosed DC-code #'s are an insult to you and to your service. I understand and support your efforts.

[Commander Bob]

Oh yeah, speaking of how to go about getting your records, regardless of what sort of records they are...

...But, yes, I can get sent to me, records such as your psych records, all I have to do is send a copy of your form assigning me (the JWV) as your POA, to the National Personnel Records Center in St. Louis, along with the request for records form, signed by me, in and for the JWV as your POA.

You are one in a million LarryJ. Who ever walks into your office should consider themselves', a lucky person .

I am concerned about the overwhelming backlog that all the VSOs' NSOs' have, as well as the VA.

I believe I would go with a private PCP, or an attorney. JMHO...

[Pete53]

Larry is the salt of the earth. I also think a lot of times they don't release records to Veterans is to not give them ammunition for their claims or Tort and 1151 claims.