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

[Brew]

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

[Brew]

Capt Contaminate - sorry, one more comment on the medical records - on this site I found an article by a "nurse, vet, claims rater" and she states:

"I understand that some veterans cannot afford to pay for copies of their private medical records. However, if at all possible, include copies of relevant medical records with your claim. It really does speed the process. We have to give the doctor or hospital 60 days to respond to our request before sending a second request. They have 30 days after that. If they don't respond, we do no more because it is ultimately the responsibility of the veteran to provide relevant private records.

- Relevant is the key. I go through every piece of paper sent in support of the claim. If for instance, you are claiming knee problems, your psychiatry records, gynecologists records, billing/insurance statements, etc are not needed and just slow my ability to decide the claim. More is not better, relevant is."

So, I guess I am still confused - maybe I should go and talk to the Federal VA public contact people and ask them as well?

[Gulfvet45]

The veteran needs to only send in the parts of the records that will support his /her claim. As the training classes teach some of you, you are not to send in any information to the VA that will do harm to the veterans claim UNLESS the VA asked you for it. This is why if the VA calls the veterans, the veteran needs to have the VA rater to call the veterans' agent. This is how some of my veterans claim went south. Just the same veterans need to make sure anything they send to the VA is given to the agent so they can make sure it will not harm the claim.

Parts of medical records that do not have anything to do with the claim should never be sent in. This muddies the waters or as my kids once said- TMI

There have been times veterans on mental claim sent in statement that was not just the same and their charter was nolonger right so their statement could not be used.

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.

Edited March 15, 2012 by Gulfvet45

[SP4RVN1971]

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.

Fax it, If it is easy and get the Transmission log that it was recieved.

You can go to any UPS mail or these local Mailing business to fax.

If you go to the VA office make sure they sign for it. Save the GAS!

Good on the VCAA letter to gather!

Good luck and God Bless!

[SP4RVN1971]

Brew,

They probably all ready said it. But very important to have set record with you.

Know the info in the doctor's report and If the VA rater calls you to ask question's, you have the info. in front of you.

Keep it with you at all times, you never know when they will call.

Keep M16 clean and socks dry!

[Capt.]

Hello Brew,,,,

I think if you can wait till you get your private doctors corrected part of the record will be better for your claim . It will not show your Medical mistake but will show the corrected measure. If it would take a long time I would probably send it in and then resend the corrected but you have stated that he won't take long on it. That could eliminate alot of headaches for you down the road.

Sp4,,, yes I have seen that happen too where the VA could overlook the records and not need all of them. However on my VCAA letter it specifically said all of the medical records and I did not have anything that could harm my claims . It will depend on the Regional Office and what they ask for . It is just the VAMC or even a C and P exam that could be dealt with more easily also.

Brew , I personally never faxed anything because I have had problems with it . Some of us have not had problems so you will have to do decision here. I always send everything Registered and Certified so they have to sign the Green Return to your card. No mistakes then or excuses for them .....Hope it works out for you in your favor. NEVER GIVE UP . God Bless, C.C.

Edited March 17, 2012 by Capt.Contaminate

[Philip Rogers]

Just my thoughts but . . . . I'd only supply them with info that is probative to your claim. The VA will pickup on any reason to deny!!! Remember they accepted you as A-ok, when they took you! You need not provide them w/any evidence that is not favorable to you. jmo

pr