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Vamc-Lyons Clinical Treatment Records Disappeared!

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BlakePaigeStone

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I found-out, today, why I keep getting questions about my PTSD inpatient clinical treatment records at the VAMC-Lyons, in 1995.

I spoke, by phone, with the 'Release of Information' office, at the VAMC-Lyons, (now called 'New Jersey VA Health System'); and ...their representative told me that my VARO keeps getting a negative hit because their computer records never show me as being a patient there! Wow! That made me feel like I was in the 'Twilight Zone!' It looks like I didn't even exist!

My inpatient treatment, from the last week of August, 1995 at the VAMC-Philadelphia for my inpatient substance detox; then, transferred to the VAMC-Coatesville in September, 1995 for their inpatient Dual-Diagnosis Program, (PTSD / Life Management); and ...finally, to the VAMC-Lyons for their '6-week inpatient PTSD program.'

I was in three VAMCs ...from the last week of August, 1995; to ...the last week of December, 1995. I received 'post 21-day, temporary 100% disability,' from September 13, 1995 ...until January 1, 1996.

My service-connection was awarded ...from September, 1995. How could my medical treatment records disappear? How could the VAMC-Lyons have no record of my ever being there during the time of my inpatient PTSD program clinical treatment?! Where are my records? How do I locate them?

The 'Release of Information' office acts, as if ...I'm confused about where I was an inpatient; or ...simply crazy!

"IS THERE ANYONE, OUT THERE, WHO WAS A 'PTSD PROGRAM INPATIENT' ...AT THE VAMC-LYONS, DURING NOVEMBER & DECEMBER OF 1995?"

My VAMC-Lyons medical summary, and clinical treatment records, could have been requested by the VARO-Newark; VARO-Atlanta; or ...the VAROIC-Philadelphia. My claims file was relocated every time I moved ...over the seven-year period that my claim was being prosecuted. My claim was awarded, (1995 - 2002), by the VAROIC-Philadelphia. Every previous VARO started the claim over '...from scratch!' All records were requested each time another VARO took over my claims file. Could my Vet Center, in Philadelphia have requested my clinical treatment records?

I'm also, still waiting for my 'claims file;' as ...I just received the following:

Discussion Thread

Response via Email Via Email (Department of Veterans Affairs)

08/27/2011 02:14 PM

Your payment, for your Department of Veterans Affairs (VA) records under the Privacy Act, was just received and was forwarded to the VA Agent Cashier to be deposited in the VA Fund. Once verification has been received of the Deposit your copies will be mailed by the U.S. Postal System. Your Privacy Act request will be closed at that time.

We ask that you allow more than sufficient time for the records to reach you.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message. If at some future time we can help you on a different subject, you may submit a new inquiry at https://iris.va.gov, call us toll free at 1-800-827-1000, or visit our web site at www.va.gov.

Sincerely yours,

F. Walden

Veterans Service Center Manager

Email address: https://iris.va.gov

I may find the records among my claims file documents; as ...I received the 'first 100-pages,' for free, in late July, 2011; ('my official F.O.I.A. request was submitted in September, 2010'), but ...had to submit payment for the other 1,500+ pages, that are referred to in the message ...above.

My claims file did, as I recall, have some copies of my treatment summary from the VAMC-Lyons ...when I had looked through my claims file, at the VAROIC-Philadelphia, back in the late 1990s. Now, the VAMC-Lyons says that I never was a patient there ...according to their negative search-response. "WTF!"

Whenever I think that I've seen it all, (relating to the VA), something, that's even crazier ...happens!

Discharged, from the VAMC-Lyons PTSD Inpatient Program ...during the last-week of December, 1995.

How could medical records be sent someplace ...within the VA system, without a notation as to... 'where they are being sent?'

I need some suggestions, and/or, input ...from anyone. Has this ever happened to anyone else?

"Help!!!"

"Sonny" E. T. English - Vietnam Veteran 70-71
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  • HadIt.com Elder

I had a similar problem in the mid 90’s. This is what happened. If you do not visit a specific hospital for a prolonged period of time your records were sent to long term storage. There was supposed to be a note on the hospital computer to the effect that the records are no longer kept in the hospital because the patient is no longer an active patient at that hospital.

When I went to get my records in 1996 for the time period starting in 1970 until 1995 I was told my records were destroyed. That was a big lie. I learned five years later that my records were not destroyed and they were in long term storage. I also learned the records clerk who told me that was later fired because he was doing the same thing to other veterans. It took me six months to get the records from long term storage.

When I found the records I notified the RO. These records were essential to my claim because the proved continuity of symptoms. I notified the RO that the records were found and they were now kept at the hospital where I was currently being seen. The RO sent me a decision denying my claim saying that they requested the records from the hospital where I told them they were now kept. However, the hospital failed to produce them after two requests from the RO. That was another big lie. I went to the ROI office at the hospital to ask why they did not send the records to the RO when requested. The supervisor of the records office at the hospital showed me a document signed by the RO employee who picked up the record months before the decision in which I was notified the records were not sent to the RO.

Just because the RO tells you the record are lost could be a lie. The RO was so convinced that I would lose my claim due to inter current injury that they did not want to read the 25 years worth of records so they made up the lie they were not available.

Why do you need these records? Why do you want the RO to read them? It appears to me you are already service connected. As far as I know those reports are way too old to use for an increased rating. It could be they are just making up excuses because they do not feel they need them for any current rating issue. That is what happened in my case.

Hoppy

100% for Angioedema with secondary conditions.

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  • In Memoriam

My old records were kept in the Long Beach, CA., long term storage. It took the BVA judge to get the records out of there.

Do not wait on the VA to get any records that you can retrieve yourself. They send a 1st., 2nd., and then 3rd. request for records, thirty days in-between, and then tell you that they have not arrived.

I found that if I personally went to Kaiser, Downey CA., and requested my records, in writing, that they would send them. I also hammered the Long Beach VA FOIA department weekly until they got tired and got the records for my claim. Any records that you can get, go ahead and go for it. I had kaiser sent two copies. One copy was for me and the other sent to the VA.

These records were necessary for my positive decisions.

Stretch

Just readin the mail

 

Excerpt from the 'Declaration of Independence'

 

We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity

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Hello All Hope All Is Well.

From what I understand if you had treatment at LYONS at one time where ever your now located records to follow?

And if not contact H. Hollands at East Orange VAHCS she is the one whom is the overseerrr of this dept.

And if that does not work I can suggest you dispatch a letter to GENERAL COUNSEL GROUP 4 WASHINGTON DC ATTN RECORDS OR FINALLY FILE IN FEDERAL DISTRICT COURT.

For failure to maintain as custodian of record I can,t find the 552 statue but it does exist .I am in this process now. I hope tthis helps

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Thanks for you 'calming' suggestion ...Carlie. As you know, I really don't have much of a choice. (smile)

I do recall reading a medical clinical summary report when I went through my claims-file, back in the late 1990s ...at the VAROIC-Philadelphia. This regional office was also the awarding, (service-connection), VA Regional Office.

Thanks again for your input.

Sonny

I would just wait a little while to get my copies that are now being

sent to you and see if those records are in there.

JMHO

"Sonny" E. T. English - Vietnam Veteran 70-71
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Thanks for your reply; and ...I also think my records have been sent to their long-term storage. I don't think the current staff knows where the long-term storage locations are; or ...if there is even such a thing! I mean, I get the impression that... 'they have no concept of anything that is beyond the computer screen in front of them!'

I also agree with you about the perceived lack of relevance of the documents, by the VARO; but ...the records could prove that the 1995 adjudication of my claim, made a 'CUE' in awarding my initial rating percentage. In the meantime, I did get a response concerning the possible next step for me to follow. Check it out ...below:

Discussion Thread

Response via Email Via Email (Dept of Veterans Affairs)

09/01/2011 09:17 AM

As previously stated our records does not show that you have ever been treated at VA NJ Health Care System. If you wish to dispute this please contact our Information and Privacy Officer by letter to the following address:

Ms. Helen Hollins

Information & Security Officer

VA NJ Health Care System

385 Tremont Avenue

East Orange, NJ 07018

Response via Email Via Email (Dept of Veterans Affairs)

08/31/2011 02:25 PM

Thank you for your inquiry. As discussed with you earlier today. There have been three negative replies sent to the Regional Office in Honolulu. According to our records you were never treated at this facility.

I do, however, want to hold-off on doing anything to start an investigation, until I've received the rest of my claims-file documents. There could be copies of the clinical treatment records included within my claims-file. Thanks for your input.

Sonny

I had a similar problem in the mid 90's. This is what happened. If you do not visit a specific hospital for a prolonged period of time your records were sent to long term storage. There was supposed to be a note on the hospital computer to the effect that the records are no longer kept in the hospital because the patient is no longer an active patient at that hospital.

When I went to get my records in 1996 for the time period starting in 1970 until 1995 I was told my records were destroyed. That was a big lie. I learned five years later that my records were not destroyed and they were in long term storage. I also learned the records clerk who told me that was later fired because he was doing the same thing to other veterans. It took me six months to get the records from long term storage.

When I found the records I notified the RO. These records were essential to my claim because the proved continuity of symptoms. I notified the RO that the records were found and they were now kept at the hospital where I was currently being seen. The RO sent me a decision denying my claim saying that they requested the records from the hospital where I told them they were now kept. However, the hospital failed to produce them after two requests from the RO. That was another big lie. I went to the ROI office at the hospital to ask why they did not send the records to the RO when requested. The supervisor of the records office at the hospital showed me a document signed by the RO employee who picked up the record months before the decision in which I was notified the records were not sent to the RO.

Just because the RO tells you the record are lost could be a lie. The RO was so convinced that I would lose my claim due to inter current injury that they did not want to read the 25 years worth of records so they made up the lie they were not available.

Why do you need these records? Why do you want the RO to read them? It appears to me you are already service connected. As far as I know those reports are way too old to use for an increased rating. It could be they are just making up excuses because they do not feel they need them for any current rating issue. That is what happened in my case.

"Sonny" E. T. English - Vietnam Veteran 70-71
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