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I read something a while back about requesting a Vista cd from the VA? It's supposed to contain all notes in a patient's records and not just what is shown on Blue Button. I would like to get a copy of all my medical/administrative notes, to include interdepartmental communications between doctors. I cannot find the forum/thread where I read this before. Can someone point me in the right direction of that thread or how to go about getting all of my records please (this is something different than a C file)? Thanks so much for your help!
By J McB
Ok, so I started requesting copies of my c-file in 2013 or 2014 after filing to re-open my 1993 claim in August 2013. My repeated requests went unanswered, and I ended up having to make a Congressional Inquiry through Senator's office to get a copy.... and now I request a copy every time the VA makes a decision (via Congressional inquiry).
Here's what I've figured out and what I'm not sure how to deal with, and a question about c-file contents.
1. I have, I think, 4 or 5 CD's of my c-file. I received the first Spring of 2015! 😡. The problem is that documents that were in the c-file CD that I received in 2015 aren't in the one I received in April (2019)... Documents that were in my c-file CD from last summer (2018) aren't in the one I received in April (2019)...
Anyone have an explanation for that?
2. Alternatively, I cannot figure out why Congressional Inquiries correspondence that was made while I was still active and the 4 years after aren't in my USAF/VA? 🤔...
Yes!, (and again to the dismay of the VA) I do have hard copies of that Congressional Inquiry correspondence...
Granted, as one of my previous "Question to the Elders" noted, I have had to find friends and my ex to write letters attesting to my filing a claim and seeing a VA doctor in 1993 because the VA has lost the files, so it doesn't surprise me that the VA sucks at filing documents in c-files. However, in the April 2019 copy I received, I noticed they seem to have "piecemealed" what letters/correspondence from the Senator's office, who is my intermediary for the VA, is copied into my c-file...
Anyone have an explanation/solution for that? Granted I have all the correspondence to/from the Senator's office and the VA, but it makes me wonder what they've sent to the BVA...
3. Is there an option for me to view what is on VBMS? I ask this question because the c-file I received summer 2017 included a "Rating Decision" page which I never received from the VA and at the bottom of the page I noticed a note that read, "VSR: Please see the deferred issue in VBMS as to the "appeal" noted on the VA Form 21-4138 (dated August 1, 2016) with attachments and tabbed in VBMS documents. Veteran notes the appeal regards "an earlier effective date as to the service connected conditions." The Veteran's "appeal" received on August 2, 2016, should be addressed by the Appeals team."
There was no appeal filed at that time. The Form 21-4138 they reference makes clear the documentation I was submitting was being submitted in support of my 2016 claim, which the VA closed. I have since requested the VA correct their error and attach the document to my NOD, and now to BVA appeal.
But this makes me wonder what other *&^% ups they've made that I can't see in VBMS? I went to the D.C. VARO office last week and the dude who is working at the front desk said I can't access/view VBMS...
No, I do not have a VSO... haven't had a good experience...they don't seem to have read 38CFR, know or keep up on case law, and only seem to know 'surface' information... (i.e. File such and such on this form).
Curious if anyone here has gone through the FOIA and had to ultimately sue the VA in Federal District Court to force them to provide their C-File in a more timely manner? FOIA's are required to be fulfilled in 20 business days by law assuming no special circumstances. Obviously the VA isn't going to respond to anything in 20 days but when it goes on for 6 months or longer that is ridiculous and slows our ability to address claim denials/issues quickly. I just filed a FOIA appeal and was sent a letter from the Office of General Counsel, Veterans Administration that my FOIA request was DENIED under FOIA Exemption 6 but remanded to be provided via the Privacy Act. The issue is that the Privacy Act process has no deadline so they can take as long as they want, while the FOIA actually has deadlines and a process for relief when they don't do what they are supposed to. From my understanding, this is a tact the VA uses to confuse people into thinking it is a Privacy Act request and not a FOIA request.
Any thoughts would be greatly appreciated.
Here is an odd question about the C-file.
Is EVERYTHING done by the VAMC supposed to end up in your C-file?
I do mean everything.
The reason I ask, is that in other posts here I have mentioned missing records from the VAMC New Orleans.
When I saw my new VA Primary Care Doc for the first time, she asked tons of questions, which was great.
In answer to one of them I mentioned that the VAMC New Orleans lost a bunch of my records and I was pissed about it.
She had her unit's Social Worker call me to offer assistance on the issue.
It turns out there is something called the Joint Legacy Viewer, which is an application that has insight into every medical record the VA has on you no matter what system it is in. Apparently there are several different systems your records could be in depending on location and year you were seen.
When I went yesterday for a follow up on my foot surgery, I went to the Social Workers office and in a couple minutes he pulled up a set of treatment notes about the VNG I had for my vertigo back in 2013 that VAMC New Orleans says is "lost".
Those notes are not in my c-file.
So I am curios if anyone knows if some files are not put in the c-file. These notes I found don't follow the typical format that VAMC uses and happens to list the Procedure Codes associated with each treatment or test done. For example for the Vertigo they list procedures 92540 through 92547 as being done and the results appended elsewhere.
i am going to make an appointment to spend a day searching those files, but I also want to get all of them so I need to figure out that path
Okay so my C-file arrived, and did so amazingly fast. Less than two months, not bad time.
Going through all the files and sorting them but one of the first things I need to get together is the claim on OSA.
I know the rules have changed about OSA ratings and now the med file must have a doctors saying specifically OSA is a medical condition
From the MR21-1MR
“When determining whether the 50-percent criteria are met, the key consideration is whether use of a qualifying breathing assistance device is required by the severity of the sleep apnea.”
“Use absent a medical determination that the device is necessary does not qualify. The regulation requires that the device be necessary and this is a medical question.”
So here is my situation.
On 07/07/2013 I had my initial PTSD C&P which noted serious sleep problems, chronic fatigue, hypersomulance but it did NOT mention the SLEEP STUDY diagnosis given on 4/13/13
At that time the simple issuance of a CPAP was considered sufficient to getting a 50% rating for OSA, but as the change listed above notes that is not the case now.
I have already filed a claim for OSA secondary to my PTSD. I did this before my Review C&P for PTSD exam, which resulted in getting bumped to 100% PTSD P&T.
With the change in MR21, I suspect they may disapprove the OSA claim.
If they do, would my path be to file a CUE because the record showed the apnea existed and a cpap was issued when they rated me for PTSD. The retro pay would be awesome!
That would seem to be an error on their part and under the old standard I would have gotten a 50% rating for OSA as well as my 70% for PTSD and 10% for Tinnitus. The 70+50+10 calculation is 87 which rounds up to 90 for pay purposes and getting that retro 20% difference for 60+ months would be a nice holiday or new years present to me 🙂
In the alternative, would I submit a NOD with the same information?
or would I have to get a DOC to say that the CPA was medically necessary and would that mean I needed another Sleep Study?
Thanks in advance. I am just trying to get things ready for whenever they make a determination on the existing claim.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,
This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.
VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
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