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Private Medical Records - Send Parts To Va Or Let Them Collect?

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Brew

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Hi, am wondering if someone can advise me (or just share thoughts/opinions) on how to best handle submission of private medical records for my initial claim for disability compensation. I have copies of my private medical records but have some specific questions:

1. I really don't want the VA seeing ALL of my records - do you think it would be good/bad/indifferent to include only records pertaining to my conditions claimed or will that make them think that I have omitted information? I heard a rumor that if they have to request medical records that it will take a lot longer to process my application AND there are a few things that I feel are not too my benefit (like me claiming to a physician that I didn't have sleep disturbances when the truth was that I didn't want to admit that I had problems - typical for a PTSD sufferer apparently when undiagnosed).

2. I found two errors in my medical records that could be material. One is a statement that I had a condition since childhood when in actuality, I said "when I was younger" meaning in my early 20's. The other is a reference to chronic right hip pain when it has always been my left hip. I have requested amendments, but am curious if I should wait to submit or submit with a copy of my amendment request to the medical provider.

Thanks for the input.

-Brew

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Welcome Aboard,

Well In my wonderful experience with the VA. Go to your doctor's and collect it.

Then send the most important info or all direct to VA thru the Fax No 254-299-9775 and call the 1-800 # in about 2-3 weeks to make sure they recieved the material!

Good luck, There is a lot of good info at this site, so ask away!smile.png

Remember If you send it, they will still go probably to the doctor and get it.

You sending it your self will help you fight for your right. Never give up!!!!

"Injustice anywhere is a threat to justice everywhere"

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Hello and welcome aboard,

The VA may examine ALL of your medical records. They will probably not accept partial reports as they will request ALL of your records from your doctor.If you read your letter from the VA and sometimes the VCAA letter of what the VA needs from you, it will request all of your records from your doctor. Been there and done this several times. Pretty standard for them. I would comply because you do not want to have problems with them early on in your claim. It could lead to some very lengthy stall tactics and problems later. Been there and done that too.

Now as far as the mistake on your records go , you do have the right to correct medical records . However it will take your Patient Advocate to do it . And you want them to ADVOCATE for you. Once you have the records to them and carefully point it out to them , then they can force the VAMC or Clinics to change the report. This is a very good way to do it. Been there and one that too. It worked in my favor but took about 3-4 months.

Now if you can not do it this route there may be another way with a Clear Unmistakeable Error but that will require some part of adjudication from your Regional Office. There are others here that have more experience with CUE and can offer suggestions to this form of correction of records. I would count on this one requiring much more time . Sorry I have not been there and done that on this one.

I would suggest that the more records you have that speak in favor of support of your claim the better chance you have at succeeding with it. I would not try to cover up anything . If you do it could delay your claim for a long time. It will be viewed by the VA and will provoke unfavorable action for sure. Besides that , once you end up in the BVA or higher it will be looked at by the courts as you not being truthful and will haunt you later. Rule of thumb do everything they ask for and more . You want them to look foolish and that you have been taken advantage of as the record that tilts the scale of the Benefit of a Doubt Rule could be what wins your claim.

Hopefully this will give you a battle plan EARLY on your claim. Hopefully others will make suggestions also or maybe give some other advice to follow. But whatever you do please remember to NEVER GIVE UP. God Bless , C.C.

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Brew,

Welcome.

1st off, I notice you served as NG.

When did you serve - this will be considered in your claim for benefits.

Carlie passed away in November 2015 she is missed.

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Elder - thanks for the input. There is really only one condition I am claiming that I think I've shot myself in the foot on and quite honestly it is the least of my concerns - so I will follow your advice and submit all. The other three conditions, two of which I was discharged for and PTSD are so clear cut that everyone I have worked with so far seems to think I'll rate successfully on all during round one. We'll see. I really am not trying to hide anything, so it's probably good like you say, to just present all. The only PTSD blunder I made at any point was claiming I didn't have sleep issues prior to taking a particular medication. But my records in every other way scream PTSD and are consistent for 13 years since my discharge.

Follow up question - my medical record errors were actually through a private provider who has accepted an amendment form from me and will take up to 60 days to correct. Should I include this form with an explanation and hope for the best?

Carlie - I was NG, but on active duty for over 3 years during that time. 1993 - 1999. I am a priority 3 in the VA health system if that helps.

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Sorry - Capt Contaminate, not Elder. :)

Also, SP4RVN1971, do you recommend faxing over hand carrying? I happen to live in a city with a Federal VA office that has a public contact office. I turned in my VCAA letter direct to them requesting 30 additional days to gather information.

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