usmcgirl Posted January 11, 2012 Share Posted January 11, 2012 I got my C-file in a box yesterday and NONE of my mental health VA notes are in it...there is my SMR, DD 214, past claims and some of my VA primary care notes but no mental health notes.....shouldn't those be in there also? Link to comment Share on other sites More sharing options...
carlie Posted January 11, 2012 Share Posted January 11, 2012 Many times, prior approval from the MH provider/s is required before release of MH records. I would contact the facility I had MH services provided at and do a ROI to request copies, directly from them. JMHO Link to comment Share on other sites More sharing options...
usmcgirl Posted January 11, 2012 Author Share Posted January 11, 2012 I can't believe it! All of this time! in my claim i specificaly stated that i was a patient at the CBOC and to obtain those records as well as the hospitals (non VA) - which the non VA hospitals were in my C-file.... Link to comment Share on other sites More sharing options...
justrluk Posted January 11, 2012 Share Posted January 11, 2012 Many times, prior approval from the MH provider/s is required before release of MH records. I would contact the facility I had MH services provided at and do a ROI to request copies, directly from them. JMHO I did this - took a little longer than the usual request, but I had already talked to my psych prior to making the request. He said "no problem", so his notes are also included in the documents I received. Link to comment Share on other sites More sharing options...
usmcgirl Posted January 11, 2012 Author Share Posted January 11, 2012 I just called the 1800 and they told me that the raters have access to see that information but they don't include it in my C-File due to the nature of my PTSD and it going through the mail. I have copies of all of my medical records from the VA MH but I was worried that the raters would not be able to see them but according to the 1800 they do have access. hmmmm.... Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted January 12, 2012 HadIt.com Elder Share Posted January 12, 2012 I don't trust the VARO to access my computer records do you? If this was my claim I wouuld make copies of my VAMC Health records and get them straight to the VARO. I had to get copies of a lot of records and progress notes to make sure that they were considered Link to comment Share on other sites More sharing options...
Boxer Posted January 25, 2012 Share Posted January 25, 2012 usmcgirl it's been my experience that the DRO only considers evidence that is physically attached to the claim itself, a word of caution to others who might read this, get the records yourself and attach them to you claim! The DRO's read a lot of C-Files yours is one of many, they WILL NOT dig through a mountain of sh** The best way to get them information you want considered is to write a "Statement In Support Of Claim" (VA form 21-4138) attach any records you have and hand deliver it to your Regional Office. It is really too early in the claims process the get excited about what evidence they will consider, you did your part now the VA has to do theirs. Yes it's a frustrating process, If they do not grant your claim outright that's OK because theres a long road ahead. First a denial letter, then you file a NOD (Notice of Disagreement) then you get a "Statement Of The Case" thats what you really want because it explains the rational for their decision, then you file another "Statement In Support Of Claim" requesting a "De Novo Review" and a personal hearing because you want this decided at the local level, then go prepared to present your case, if it goes to the BVA it will be years before it ever comes up. You must of had a C&P get a copy of it, then pick it a part, I had a claim go to Washington and get remanded because my Statement In Support Of Claim made a fool out of the VA doctor. (I got a 50% rating out of it on reexamination) If theres evidence refuting his assessment point it out it in your statement, make sure to reference any evidence they overlooked. Keep at it and good luck. Link to comment Share on other sites More sharing options...
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usmcgirl
I got my C-file in a box yesterday and NONE of my mental health VA notes are in it...there is my SMR, DD 214, past claims and some of my VA primary care notes but no mental health notes.....shouldn't those be in there also?
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