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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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shipbuilder

Us Navy Service Records

Question

I received my US NAVY service records from Saint Louis today. There is a medical record of my vericose veins. All parts of my performance was 3.2, 3.4, and 3.6

from january 4,1966 to september 9,1966. I was discharged under code 460 emotional instability reaction. However the psychiatrists letter and evaluation in

NEWPORT, RI from july 1966 was not included. One paragraph states under 32 CFR 310.30 [F] a portion of the records contain information which may be

interpreted and explained properly by a physician. You may authorize release of your records to your designated physician by responding to this letter with your

request. I guess I will have to respond with a written request and have the records released to the psychiatrist that I see for anxiety, depression, and insomnia.

SHIPBUILDER

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4 answers to this question

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Other's will chime in.

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So now I have to request the psychiatrists letter . Do I use the SF 180 request form from the military records center in Saint Louis and then address it

to the psychiatrist that I see for insomnia, anxiety, and depression ?

shipbuilder

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I would ask for a copy to be sent to you for VA purposes and a copy to be sent to the examiner for treatment issues. As strange as it may seem, if your current treating doc receives those records, they might not be able to release them to you. I was told this by a doctor after I brough them a copy of my records. I asked them to make copies and I came back a week later and they tried to refuse giving me the records back.

You can use the form or write a letter with your identifying information on it.

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The VA bears the responsibility for requesting those military records only if you ask for them in writing under the FOIA and Privacy Act. ~Wings

*Expedited processing -- an agency will process a FOIA request on an expedited basis when a

requester has shown an exceptional need or urgency for the records which warrants prioritization

of his or her request over other requests that were made earlier.

How to Make a FOIA Request

A FOIA request can be made for any agency record. This does not mean, however, that VA will disclose all records sought. As noted above, there are statutory exemptions that authorize the withholding of information of a sensitive nature. When VA does withhold information from you, it ordinarily must specify which exemption of the FOIA permits the withholding. You should be aware that the FOIA does not require agencies to do research for you, to analyze data, to answer written questions, or to create records in order to respond to a request. Although, as discussed immediately below, certain information may be required from a FOIA requester, no special form is required by VA.

Requests must reasonably describe the VA records sought, be in writing, either handwritten or typed; they may be submitted by mail or fax; and they must bear the signature of the requester.

In making your request you should be as specific as possible with regard to names, titles, dates, places, events, subjects, recipients, the component(s) likely to maintain that record, etc. If known, you should include any file designations or descriptions for the records that you want. But the more specific you are about the records or types of records that you want, the more likely it will be that VA will be able to locate those records. Additionally, you should be aware that VA ordinarily will use the date they begin a record search as the "cut-off" date for determining what records that are responsive to your FOIA request. If you do not provide the necessary information, the FOIA office will advise you of what additional information is required before further processing your request.

Under certain circumstances you may be entitled to receive more information under the Privacy Act of 1974 (a separate federal statute) than under the FOIA. Under the FOIA, generally anyone can request access to any agency record. Privacy Act requests are more limited and can be made only by: U.S. citizens or aliens lawfully admitted for permanent U.S. residence; or Individuals seeking information about themselves.

Privacy Act records are maintained in a system of records maintained under specific names or other personal identifiers. Even if a request does not mention the Privacy Act, however, VA automatically treats requests as being made under both the FOIA and the Privacy Act whenever it is appropriate to do so. In this way, requesters receive the maximum amount of information available to them under the law.

Edited by Wings

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