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HorizontalMike

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QUESTION: How can I be absolutely sure I get a copy of my COMPLETE medical records from 1972-1975?

2013, I requested and actually DID receive SOME medical records (I did not know they were incomplete) from NPRC.

2014, I requested(*see attached) medical records from 1972-end of 1975, and got this response from the NPRC:

"ORIGINAL MEDICAL RECORD NEEDED TO ANSWER YOUR INQUIRY IS NOT IN YOUR FILES; THAT MEDICAL RECORD IS WITH THE DEPARTMENT OF VETERANS AFFAIRS (VA)"

Attached are the TWO NPRC responses to the TWO medical requests that were just under one year apart. In one case I received information, and in the most recent case I was told it does NOT exist at NPRC. Please understand that my mind is racing with "WTF!", anger, puzzlement, etc. Understanding that the records I am requesting are over 40yr old and existed with the NPRC last year, how can they now be "missing"?

FWIW, my disability rating came in Dec 2013 (for a 1972 TBI) and the examiners had way more medical records information in front of them on their PCs than I had ever received after my 2013 request for that SAME information. Some of that EXTRA medical records that I did NOT receive, but the examiners had and used, actually DID help me in receiving my 50% rating, BUT I am lost, feeling that the records that have been kept from me, could and probably do, indicate I should have a much higher rating than what was awarded.

I am about ready to launch a letter writing campaign including several Congressmen, the VA Secretary, and others. Is THAT my next step?

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Edited by HorizontalMike
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Sorry about the broken links. I copy and pasted them and it didn't carry over. See if these work.

http://www.benefits.va.gov/COMPENSATION/dbq_ListBySymptom.asp DBQ list

http://www.benefits.va.gov/compensation/dbq_disabilityexams.asp info on DBQ's

http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5 rating guidelines

more TBI info, including link to TBI clinicians guide.

http://www.hadit.com/forums/forum/79-tbi-traumatic-brain-injury/ TBI section of hadit, in case you havent already read it

 

At this stage, your claim has been denied for depression, so another option is to seek out a veteran claims disability lawyer. They do not charge anything upfront and usually take 20% of the backpay. They can help you get these IMEs as well as focus your correspondence to VA on the issues that need the focus. Chris Attig is one that posts occasionally here on hadit. http://www.attiglawfirm.com/about-the-firm/about-chris-attig/

---might be worth having a conversation with him.

This is all good stuff, thank you once again. In my data mining of the VA.gov I have become familiar with much of it and have it book-marked on the PC.

Do you know if there is a "2014" edition of the Veterans Benefit Manual coming out soon?

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The 2014 VBM should be out within the next 2-3 wks, as I just received my confirmation of my annual order, yesterday.

pr

THANK YOU!

You are a gentleman, a scholar, member of the Lake Wobegon Tribe, and a good vet!

Q: Do you think the 2014 VBM Book + CD/DVD would be a useful tool?

I know it is twice the price, but the ability to cut&paste off of the CD/DVD weighs heavily on my mind.

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Just noticed on eBenefits that the VA has just recognized my FOIA request for my C-File. Their estimate to completion is ~13months from today. I guess that kind of puts the brakes on getting any IMO/IME from ANYWHERE?

FWIW, I have an upcoming PCP appointment where I will finally be getting a referral back to the poly-trauma center TBI psychiatrists since my 50% TBI/Tinnitus disability is now in effect. Before the VA determination these TBI specialists kept playing my disability as just emotional, age, and diabetes related... and these are/were the "TBI specialists". That was apparently why I have been assigned a run-of-the-mill general psychiatrist thus far. I really get confused about this kind of situation, where VA TBI specialists cannot/do-not directly diagnose the TBI and its severity. They are leaving it to the C&P folks, and leaving you basically untreated/under-treated until a C&P declaration?

QUESTION: The VA hospital/clinics apparently do NOT have access to my military medical(STRs) records from the 1970s? Is that true?

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Just noticed on eBenefits that the VA has just recognized my FOIA request for my C-File. Their estimate to completion is ~13months from today. I guess that kind of puts the brakes on getting any IMO/IME from ANYWHERE?

FWIW, I have an upcoming PCP appointment where I will finally be getting a referral back to the poly-trauma center TBI psychiatrists since my 50% TBI/Tinnitus disability is now in effect. Before the VA determination these TBI specialists kept playing my disability as just emotional, age, and diabetes related... and these are/were the "TBI specialists". That was apparently why I have been assigned a run-of-the-mill general psychiatrist thus far. I really get confused about this kind of situation, where VA TBI specialists cannot/do-not directly diagnose the TBI and its severity. They are leaving it to the C&P folks, and leaving you basically untreated/under-treated until a C&P declaration?

QUESTION: The VA hospital/clinics apparently do NOT have access to my military medical(STRs) records from the 1970s? Is that true?

Well, it did not take an Act of Congress to get a referral by my PCP for a return visit to the TBI Clinic BUT...

IT DID TAKE AN ACT OF A CONGRESSMAN! And this is now the end of February 2015!

I ended up having to do the above when my PCP, lead Psychiatrist, and nurse all kept ignoring me. I attached my Rating letter to MyHealtheVet Secure Messaging, after finding that feature of the service. I also knew that my Secure Messaging mail was being posted as "Progress Notes" in my local VA Hospital medical records, so BINGO! This basically forced my local VHA to acknowledge my TBI Rating and need for services.

Just now going through meetings with the TBI Director and a TBI Psychiatrist. They are trying to deny me the ability to audio tape my treatment/therapy sessions, citing some unnamed VA policy. Problem is I went home got on the Internet and found the VHA Directive 1078(1) dated November 4, 2014, less than four months ago that I clearly states that audio recording treatment does not require employee permission, only patient permission. These doctors are not going to be happy about that at all. :smile:

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