Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

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

Rate this question


Brew

Question

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

Link to comment
Share on other sites

  • Answers 17
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Thanks to everyone who provided input, this has been very helpful. I have another topic to ask about that I will post as a separate topic. Hopefully my questions are helpful for other Vets as well.

Edited by Brew
Link to comment
Share on other sites

1. I recommend that all veterans submit their medical records with their claim for a couple of reasons, a. you know exactly what they have b. submitting the medical records with the claim could actually speed the claim up a little. You should hand carry or mail all items to the va regional office certified return receipt requested.

2. you should only submit the medical records that pertain to the spcific issues in question. You should submit only those medical records that actually support the claim.

3. If you had medical issues before military service, and if these issues were not addressed on entry into service any entries in the medical record about such issues should not be of concern, since by law at the time of entry those conditons where not know to exist and you were found fit for service. However even in cases were the military is aware of issues when you entered service, service connected can still be awarded if it is determined that military service aggravated the condition.

4. Since the claim is still pending I recommend sending in the medical records when you receive them. The records you hold back, could be the difference between a 30% vrs a 60% rating....

5. If the va does not review all the medical records, and decides a claim, you can request a de novo review or appeal and submit the medical evidence at that time for consideration...

Best of luck......

Edited by Teac
Link to comment
Share on other sites

  • HadIt.com Elder

Anything you fax to VA send a copy with dates and fax number it is amazing how many faxes the VA loses.

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

Hello Pete,,,,,, I am with you on this one....been there and done that. Anytime I faxed something they did not receive on several occasions . So after lost time , I just started to mail certified. NEVER GIVE UP . God Bless, C.C.

Link to comment
Share on other sites

I am making copies for myself and hand-carrying next week to the Public Contact office. They seem pretty good to work with so far and if they lose stuff, I will cheerfully go give them another copy. Cheerfully the first time anyway.

Also, my VSO also recommended "relevant records only" and I also spoke to a VA Benefits Counselor who said to submit only relevant records and attach to form 21-4142. Of course, that form makes it possible for them to request records from the provider, so if they want the complete file, they can get it. If they do, fine.

My challenge though still is figuring out WHICH pages to include. For example, I went to counseling for about 6 months (6 or 7 visits) about a year after I was discharged. Some of the provider notes are kind of dumb and there was a definite obsession about my childhood by the provider so most of the conversation was on that despite it not being very exciting or notable. Only my first visit with her did I express anything about my service. I had signed a "do not discuss" form when I was discharged due to the nature of my assignment and I think at that time that I was obsessed with honoring that promise. In my opinion, the only relevant notes are from that first visit - I discussed my service related injuries and a vague description of my emotional issues with my service and clearly stated anger, anxiety, depression, sleep issues as my main concerns. I was prescribed medication on that visit as well.

So my question now is - do I submit all pages or just the intake paperwork that is relevant in my opinion?

Edited by Brew
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use