ptsd Vets Claim Is A Mess----- Supposed To Be In Fl But His Records Are In Ms! Help!

[oicclouds]

I am helping a Desert Storm Navy Vet with a Combat Action Ribbon with his claim. We filed last Aug for 8 different items, 5 are which upgrades to current SC disability. Vet lived in Florida and claim info was sent there, records were sent to FL, etc. A few months ago, vet gets letter from Jackson, MS stating they were still reviewing his claims. The vet now lives in MS but we did not move the claim! Vet calls 800# and was told nothing was moved, his claim is in St. Petersburg.

Vet goes through C &P exams on 1 and 5 August. I have him go to ROI, get his copy and OMG, it was totally screwed up. Vet is not SC for PTSD, has the diagnosis, has the combat action ribbon and the dr states she had reviewed his file and no evidence of PTSD (been diagnosed and in treatment over 2+ yrs). Some of the other, currently SC conditions were listed as no evidence he even has them. Ugh!

Then he gets in the mail, as I am trying to get started on fixing the mess of his C & P exams, from the Jackson MS office listing the records they have---- ALL of them and that does he want to send any additional information for PTSD and TBI.

Huh?

Veteran went back to C & P office and the exams were requested by St. Petersburg AND since Jackson, MS has all his medical records, the docs in the C & P had/have none of his evidence.

Vet call 800# again and is again told St. Petersburg is working his claim, all of them including PTSD and TBI.

I am having fits and my vet is at his wits end. I am wondering if a trip to Jackson, MS is in order to get them to send all his records to Florida and well..... what the hell about the C & P exams? Isn't he entitled to new ones bc of this screw up? Please, any advice quick!!! Thank you!

[Berta]

If I were you I would have the vet use the VA contact us system (IRIS) via

http://www.va.gov/ and file his request as a complaint and tell them, what you told us here as to asking for the actual whereabouts of his claim, and his records and evidence.

Use the complaint pop down button at IRIS.

In my experience, if VA IRIS failed to adequately answer a regular status question I had, I would file a complaint and get better results that way.

Peggy (the 800#) can be useless.

I assume he has access to ebenefits but no help there in knowing where his stuff is???

Thank you for helping this vet!

A CAB and a PTSD diagnosis and treatment and yet

“and the dr states she had reviewed his file and no evidence of PTSD “

That is outrageous BS.

It almost sounds like they did the PTSD C & P before they had any records at all.

“what the hell about the C & P exams? Isn't he entitled to new ones bc of this screw up? “

I certainly would think he should get a new PTSD exam.

Last time I used IRIS for a complaint ( and used others means of getting their attention as well)

was because they said my husband (combat Vietnam) showed no evidence of his AO IHD in service and therefore denied my Nehmer claim.

I went ballistic. The new AO IHD regs ,like all other presumptive regs for AO Vietnam, do NOT require any AO presumptive diagnosis in service.Absurd. Cant they even read their own regulations?

I raised all sorts of Hell and got another posthumous C & P exam.Within 2 weeks.They conceded my dead husband had the AO IHD but the exam was to determine the EED for the claim ( under Nehmer).because VA misdiagnosed the IHD in his lifetime.One reason he is dead.

I wonder how many times they do this stuff to vets and the vets don't fight back and might accept this crap..

Obviously that C & P exam has set up a potential PTSD denial.

Others will chime in and maybe have better suggestions that I have here.

This sort of stuff is why I ,as a civilian, went to a Military School a few years ago (AMU).

I figured ,since we claimants are on a paper battleground, I might as well learn more about tactical warfare and apply it to our war of the words with the VA. And it has worked for me.

And the VA paid for half of that degree under Chapter 35!

and I changed from almost being a normal person

into a real SOB

if the VA ----s with me.

Sorry everyone but this kind of stuff really ticks me off. It could be just a problem in the transferal of this vets records, and the C & P doc didn't have what she really needed to have, but sometimes I think this stuff is deliberate because I have VAOLA Paranoia.

[Slowlane]

I would try to get everything moved out of Florida to Mississippi because you live there. All your data in one place is worth the trouble and if you had to visit the St Pete RO it's gonna be a long walk.

[oicclouds]

Thanks! Update............apparently everything is in MS. The veteran never requested the move, the VA did it bc they said he no longer lived in FL. WTF? I thought a claim got moved only if the vet specified.

MS is trying to get claims done asap! That's a good thing. MS rep actually called a few hours of this and told us the above info and was asking if he wanted to submit any additional info. I discussed with her the screwed up C & P and that the C & P office said the doc only had what the Regional Office had sent to go on, that the C & P requests had come from FL, etc. The woman stated that she was looking at the PTSD C & P and understood why we were upset. She said SHE was the one that sent his info, electronically to doctor and that she was in MS, not FL (her job at Regional Office is to request and then send evidence on for doctor to review before/after the vets C & P exam). I believed her. I believed her based on the comments she made on the phone about "someone's inability to read". Meaning the dimwitted doc that did his PTSD C & P.

[Berta]

I had to LOL at that one oicclouds!

"someone's inability to read" and I have said that dozens of times here and when I got erroneous decisions too.

I told a vet lawyer I wanted to send my VARO many copies of "Reading for Dummies" but then again.....what good what that do????

I had so much trouble with them ignoring my IMOs years ago that I wondered if the IMos could be printed on toilet paper and stuck into the VARO latrines....SOMEBODY would surely read them that way.

Or I could have invested in a couple of pizza delivered to my RO with the IMOs attached to inside of the pizza box. cover..........

In battle must one become creative....

the pressure seems to be so great these days, that haste makes waste and many C & P docs don't have the time to really review all they should review. The scary part is that they also are treating patients too....and a PT history could be crucial in an emergency.

A C& P doc (I had argument with years ago but we did make up)....told me he hated C & P exams.His stress seemed to stem from knowing what the VA wanted to hear, whether it was medically sound ,based on the evidence , or not. He is the VA doc whose C & P was parsed and manipulated, as I mentioned before.........always good to get an actual result copy of one.

He found out from me years later what the RO did to that C & P and was shocked.

It certainly sounds to me that this vet has a very valid claim.

Is he able to work? If not has he applied for SSDI?

Did you have difficulty with your 100% award? I sure hope not and thanks again for helping him!

[harleyman]

Thanks! Update............apparently everything is in MS. The veteran never requested the move, the VA did it bc they said he no longer lived in FL. WTF? I thought a claim got moved only if the vet specified.

The claim follows the Veteran. It is based on where the Veteran's primary residence is located. It sounds like they were in the middle of transferring the claims file to MS when you first contacted the VA. And the covers system showed the file in MS but the claims pending still showed the file in FL.

MS is trying to get claims done asap! That's a good thing. MS rep actually called a few hours of this and told us the above info and was asking if he wanted to submit any additional info.

I discussed with her the screwed up C & P and that the C & P office said the doc only had what the Regional Office had sent to go on, that the C & P requests had come from FL, etc.

That statement is not necessarily true (factual). The doctors (examiners) have full access to the Veteran medical records at the VA through the CAPRI System. Capri system also has some of the Veterans DOD records in that system. The VAMC doc's can access the Veteran's medical records at any VAMC where you have ever received treatment, as far back as when that particular VAMC system started keeping electronic/computer records. Also, the VAMC and VBA can request archived records (old paper records) to be sent to the VAMC or VBA requesting them.

Also, RO's "Broker" out work to one another all the time. They actually send the c-file and they reference records in Virtual VA and the new VBMS program, both programs are accessible by the VAMC doctors.

I am wondering if the exam doctor is just not giving him a diagnosis of PTSD, but some other anxiety disorder stating he isn't meeting the criteria for PTSD.

The woman stated that she was looking at the PTSD C & P and understood why we were upset. She said SHE was the one that sent his info, electronically to doctor and that she was in MS, not FL (her job at Regional Office is to request and then send evidence on for doctor to review before/after the vets C & P exam). I believed her. I believed her based on the comments she made on the phone about "someone's inability to read". Meaning the dimwitted doc that did his PTSD C & P.

Exams requests are written and requested by the VSR or RVSR reviewing the records and the claim, no matter where the claims folder is or where the exam is to be done. Sometimes IPC (triage), will forward or fax specific information designated by the VSR/RVSR information to the VMAC.

I think the doctor had access to the Veterans information, and I think the examiner was lazy and didn't review the information.

Also when a doctor says in his report there is no evidence, he is not always talking about the "piece of paper". Sometimes in his report they say there is no evidence when they have looked at the record but do not believe the record was conclusive in support of the claim.

We need to be able to see the context of the reference to "there is no evidence" to understand what the doctor is saying.

That being said, you can request a new examination, and the VSR/RVSR should at least ask for a second opinion with regard to the examiners findings, to see if another examiner concurs with the first C&P exam.

.

Edited September 1, 2013 by harleyman

[JT24usn]

Two reasons a claim folder is transferred. Veteran requests it when he moves, or exam is needed on pending claim.