Administrative Review?

[infantry10]

Does anyone know exactly what administrative review means?

[JT24usn]

FYI- for everyone. We (at VA) have had a really difficult time getting older records from the VAMCs and from the military hospitals. In support of your claims I would suggest when possible you the Veteran, request and get any records you can get for yourself. If you can get copies in support of your claim from the military facility I would recommend you get those records make copies and then send in the copies of the records to VA, in support of your claim.

HONESTLY, it takes MONTHS & MONTHS for VA to get a response from the military medical facilities. WE are NOT allowed to move forward on a decision if we have a PENDING unanswered request for records from a Federal entity. VA RO's at the very least are required to receive a NEGATIVE response from the facility. This encludes all requests for records from Military, Social Security, VAMCs etc. These people IGNORE these requests for records EXPECIALLY if the records are older than 5 years, and they have to search their ARCHIVES. I would say this is the major HOLD up on the wait time for rating decisions. THAT and trying to get the NATIOAL GUARD RECORDS. We cannot move a claim forward for a decision unless we get the records, we must (MANDATORY) recieve a negative response that there are no records or the Veteran tells us NOT to go after the record. I know sometimes it is not possible, but when it is possible if you want to speed up your claim time for processing, go after those records yourself, copy and send inthe copies to the VA.

Remember the va has access and is required by duty to assist to pull all electronic records. I believe hatleyman is speaking of the archive records at va warehouses. Most electronic go black to at least 1999. Before that we must make the request hatleyman is talking about. Also, a lot of times most DOD facilities keep mental health records for about 2 years. Those are always rough.

To show what I am talking about. I have gone to vamc Hampton va 6 times for a veterans paper ( not electronic) records and still haven't gotten a response or a negative response. Also if you don't know the exact date if when treatment started then don't put beginning date. Otherwise we have to keep trying for records that don't exist. If you just out vamc wherever most reps will get all records available in the system. Those that don't are wrong and will be caught by quality.

Hatleyman is right on the mark with ng records as well. Most responses I get with the requests is that if we want the records the veteran can make a copy if his own records on drill and send them in, or they need a 4142 release of info ( which is BS because hippa does not apply between federal facilities).

Jmho

FYI- for everyone. We (at VA) have had a really difficult time getting older records from the VAMCs and from the military hospitals. In support of your claims I would suggest when possible you the Veteran, request and get any records you can get for yourself. If you can get copies in support of your claim from the military facility I would recommend you get those records make copies and then send in the copies of the records to VA, in support of your claim.

HONESTLY, it takes MONTHS & MONTHS for VA to get a response from the military medical facilities. WE are NOT allowed to move forward on a decision if we have a PENDING unanswered request for records from a Federal entity. VA RO's at the very least are required to receive a NEGATIVE response from the facility. This encludes all requests for records from Military, Social Security, VAMCs etc. These people IGNORE these requests for records EXPECIALLY if the records are older than 5 years, and they have to search their ARCHIVES. I would say this is the major HOLD up on the wait time for rating decisions. THAT and trying to get the NATIOAL GUARD RECORDS. We cannot move a claim forward for a decision unless we get the records, we must (MANDATORY) recieve a negative response that there are no records or the Veteran tells us NOT to go after the record. I know sometimes it is not possible, but when it is possible if you want to speed up your claim time for processing, go after those records yourself, copy and send inthe copies to the VA.

Remember the va has access and is required by duty to assist to pull all electronic records. I believe hatleyman is speaking of the archive records at va warehouses. Most electronic go black to at least 1999. Before that we must make the request hatleyman is talking about. Also, a lot of times most DOD facilities keep mental health records for about 2 years. Those are always rough.

To show what I am talking about. I have gone to vamc Hampton va 6 times for a veterans paper ( not electronic) records and still haven't gotten a response or a negative response. Also if you don't know the exact date if when treatment started then don't put beginning date. Otherwise we have to keep trying for records that don't exist. If you just out vamc wherever most reps will get all records available in the system. Those that don't are wrong and will be caught by quality.

Hatleyman is right on the mark with ng records as well. Most responses I get with the requests is that if we want the records the veteran can make a copy if his own records on drill and send them in, or they need a 4142 release of info ( which is BS because hippa does not apply between federal facilities).

Jmho

[harleyman]

T8r is correct I am referencing VA Medical Center records. Any VA MC records prior to a specific facility VAMC going to electronic records. Each facility went electronic at different times, so the start date for electronic records can vary from one RO to another. Generally, any records prior to 1999 would be archived and researched by the individual VA Medical Center.

National Guard records are a different story. Since these records are held by each State a standard from SF180 (i believe) is usually required to obtain copies of Guard Records. Each state has their own requirements. VA is obligated to obtain these records and since there is no generalized location (50 different states) it can be very time comsuming. If the Veteran can get his Guard records and send them to the RO for processing his claim it can cut off months in waiting time.

T8r stated ; Most responses I get with the requests is that if we want the records the veteran can make a copy if his own records on drill and send them in, or they need a 4142 release of info ( which is BS because hippa does not apply between federal facilities). This is mostly true; However, if the Veteran has received mental health care from a Vet Center, the VA RO will request you send a VA Form 21-4142, Release of Information Request to the VARO, so the VSR can get the Mental Health records. Although, Vet Center's records are considered Federal records, some Centers require the signed and dated form to release a Veteran's Mental Health records. There is no uniformity in this by the Vet Centers, some require the form and some don't, therefore the VA wants a form to cover all the requests for records from a Vet Center for mental heath records.

All records at your VA Medical Center from the time the VA Medical Center went to eletronic record keeping are easily accessed by the VSR or RVSR working yor claim. Those records are reviewed often, during the pending claim process, and there is no need to send them to the VA Regional Office as they would be duplicate records and more than likely they VA will send them back to you. However, if you have copies of records from the VA Medical Center or Vets Center or Hospitals, doctor's that are handwritten records
HANG ON TO THEM, make copies of them and then send in the COPIES to the VA. Never send original documents, without making a copy, and if you can send in the copy rather than the original record, do so. If the VA RO needs an original take the original to a Notory Public and have them certify your copy as a copy of an original document, or take it yourself to the VA RO and have them make a copy and certify it as a copy of the original. .-IMHO

Edited September 22, 2013 by harleyman

[Hoppy]

I kinda skimmed through this to see if anybody mentioned to provide the VA with exact details as to how and where you got the records. I did not see it. I would do this even if you believe you have something to be called original. The original documents I am accustomed to dealing with are required to have an agency seal. Offer to provide a release of information to the agency you identified as having the records if necessary.

[63SIERRA]

On ebennies my re open claim has been on the gathering evidence stage for a while, at what point does the RO claims worker decide that all evidence has been gathered, and tp move forward with the case. what is the mechanism that makes it go forth?