Duty To Assist Is Misleading

[63SIERRA]

They tell you the VA has a duty to assist getting medical records from different places but they dont tell you its your repsponsibilty to provide a date range of the records pertaining to your claim,. I beieve they actually used that manuever to deny at least one of my claims.

So your best bet is to copy, and send them medical records that pertain to your claim, and give the accurate date ranges.

if they wont even look thru medical records to decide claims, what can they be so busy doing at these ROs? Probably playing word games,,, hmmmm whats a good word to downplay a broken leg>

answer, leg was hyperextended to the point of maximum flexation. DENIED SUCCA ,,,!!!

[jbasser]

The VCAA in 2000 added this duty to assist. The VA is supposed to attempt to get records, especially those in the Governments possession but in the end, It is still the Veterans responsibility to get the records. Dont wait for the VA. If the veteran gets the records then he or she has their own copy and they are better informed.

J

[63SIERRA]

Exactly Basser the duty to assit rule is up to how much they decide they want to assist. IT BULLSHIT DOUBLETALK, first they say they have duty to assist, then they say its your responsiblitly to provide them medical records. if they dont get them for any reason, the veteran gets screwed. HELL they are the entitity that has our records if they are VA or active service for the most part. if we can get them surely they can get the. THEY HAVE THEM, why cant they get them.

whose on first, I dont know , what do you mean I dont know, I thought he was on second, no, hes on first.. I thought you said I dont know was on first, so is he or aint, he, ?

Edited November 28, 2013 by 63SIERRA

[JT24usn]

We are required to go out twice for primary meds. 15 days each. Second attempt we notify the vet that we are going a second time and also tell the vet that it is ultimately the vets responsibility to get any non federal records. As of federal we must make attempts to go get them until a negative response is received. If a negative response is received Then we notify the vet in a 10 day letter that we were Unable to retrieve those records and to submit alternate records if possible. I've gone to one vamc 8 times before getting a response. Because it is our duty to assist. You'd be surprised how many bad addresses we get got drs. The our duty is yo notify the vet. He comes back in. It resets the while clock for that dr and we make another roe attempts to go out for them. As is our duty to assist. Best advice I can give is to get all pm medical records up front and submit them with the claim. There will be an ROI fee but think of it as an investment in the end product. Also, most vsrs at my to ignore the date range and ask got all in case the dates were wrong. The new vbms records require us to put a date range in so that will change. Sorry about the troubles. Hope it pans out in the end. Respectfully. T8r

[63SIERRA]

thanks TR8 , when I requested my c-file after my claims were denied, I was shocked at how little was in that file, pertaining to my claimed conditions. Most of what was in there was redundant things, from long ago. nothing from recent medical treatment. you would think, that with all of the medcal issues ive had since 2003, they would have had alot in that c-file.

They had easy access to all of my info, 20 miles away., they are in waco, my treatment was in temple, tx. 'When I went get my medical records, it was no problem at all, and no cost. they printed them while I waited, and they were still warm when they gave them to me.

There is no excuse that the va didnt have everything.. if its not this, its that.

Its either wrong dates, didnt get the records, wrong laws applied, presumptives ignored, and on and on.

also I never got a letter from the va, or the dav ,m saying they could not get records pertaining to my claim,.

How can I know what they had access to and didnt put in my c-file, and what they decided not to use, other than the c-file. So when I brought this issue up, they say well some may have been on electronic file. well why didnt they send me that? they gave me a CD disk at release of information for my xrays and ct scans and ultrasounds over the years when I went to release of information for my own personal records. ? They had the cabability, ...That is why I dont believe that is the case/ THE VA PUTS IN THE C-FILE, WHAT THEY NEED TO JUSTIFY THE CLAIMS THEY DENIED. THEY ARENT GOING TO PUT EVIDENCE IN A C-FILE THAT COULD CAUSE A CLAIM TO BE WINNABLE.

Edited November 28, 2013 by 63SIERRA

[63SIERRA]

THINK of this, they connected me for residuals of removal of kidney due to cancer. YET THE C-FILE MENTIONS NOTHING ABT THE CANCER OR OPERATION AT ALL. THAT WAY THEY COULD SCREW ME OUT OF THE 100 PERCENT TEMPORARY, WHICH THEY DID.

It is shocking how they operate.

Edited November 28, 2013 by 63SIERRA

[JT24usn]

If everything , medical record wise, was done through the va it was probably electronic and part of va paperless program. The tell you what was used in the evidence if the rating decision. Also, why copy va records you have access to at your local vamc. All outside evidence should be sent to you. If the surgery was done at vamc you should still be able to file for that temp 100% for the surgery. If outside of vamc I think there is a time limit and if so, call a cue in them. Always bounce what you have off of evidence used in rating decision. Jmho.

Edited November 28, 2013 by T8r