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Question On C&p Records!

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bm6546

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Hello, This is my first post and I hope I am at the right one.

I have a question about my recent C&P ( actually, I have several hundred questions, but I will start with one for now)

My recent C&P was for my heart. I went to the VA hospital in Reno and had my exam by a nurse. She was very nice but I don't think she was qualified to examine my heart. There was another veterans records in my file. She kept asking me a bunch of questions that I had no idea what she was talking about. Her computer kept crashing and she was getting frustrated, so was I. I don't think my exam went very well.

I was discharged from the Navy in 1966 with a heart condition that they said I had before I enlisted. I served 2 years before they realized this. This past January I had a heart attack and have not worked since with depression and axiety. I guess my C&P is to determine if this is SC. I have no idea and am not sure how to proceed.

My question is, how do I get a copy of my C&P and should I ask for a copy of my entire file or just the C&P? I'm wondering who elses records are in my file.

I have also been seeing a counselor at the VA for my depression and they are sceduling me to see a physchiatrist. Should I request the counselors records also?

Thank you in advance and I will be posting again soon with more questions.

Thanks, Brian

PS How do I make sure that the veterans file gets moved to his file. Poor guy is probably looking all over for his records.

I've waited this long and I'm not giving up....NEVER!!

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Boy- that is awful about the other vets's files-

Could you happen to notice who was on his POA? That info might not have been in them however-

You can request the results of C & Ps and a copy of your VA medical records from the Records Access Officer at the VAMC that treats you.

You inservice medical and personnel records can be requested online at-

http://www.archives.gov/

Click on Military Records, fill out the SF 180, print out the bar coded thing, sign, copy and then mail to where they tell you to on the form. Took me about 4 weeks-We have a poll here to see the average time this usually takes to get them-

"I was discharged from the Navy in 1966 with a heart condition that they said I had before I enlisted. I served 2 years before they realized this. This past January I had a heart attack and have not worked since with depression and axiety. I guess my C&P is to determine if this is SC. I have no idea and am not sure how to proceed."

It appears to me the claim might need to be based on aggravation of a pre-existing heart condition, due to military service-

not sure-others will give their take on this-

"have also been seeing a counselor at the VA for my depression and they are sceduling me to see a physchiatrist. Should I request the counselors records also?"

Also I would claim as secondary to the heart condition (assuming they SC it)

the depression and anxiety due to the heart condition-however-

do you have any proof of any inservice stressor that also could cause the depression and anxiety-

This could be any stressful event- accident, witnessing the death of a buddy,various combat incidents,

personal attacks, etc- anything at all that could be cause of the depression and anxiety as well as the heart disease- and that can be proven by mil records and/or buddy statements.

Welcome aboard Brian! and maybe the Patients rep at the VA that did this C & P should know about that mix up-

God knows whether this error messed up this vets medical treatment or even his VA claim by now-

sounds like she thought it was his C & P and not yours-

if the C & P results you get are lousy- you can challenge this C & P based on what you told us here.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Berta, Thanks for responding. I did not notice his POA. The nurse would not let me see any of his records.

As far as my heart condition, my VSO is basing it on being aggravated due to military service. He said that should make it SC and related to my recent heart attack.

As far as the depression & anxiety, I don't have any proof of any inservice stress related situations. The medical letter that I have when I was in the Naval Hospital does say:

"During the initial part of hospitalization the patient remained asymptomatic, however, during

admission two well-documented episodes of Paroxysmal Atrial Tachycardia occured. During the episodes

the patient was incapacitated, being quite faint, syncope occured on one episode. He noted that the

episodes were beginning to interfere with his duties"

I had my heart attack while walking through a Wal Mart. I collapsed right in the store and I thought I was dying and the firemen were sitting on my chest and would not get off. Since then I have been very depressed and apparently traumatized and scared that I will have another heart attack. I cannot work because of this. I only feel safe at home or at my cardiac rehab at the hospital.

I will contact the Patients rep at the VA hospital and let them know that there is another vets records in my file.

Thanks again Berta for the info on where to request my records. I will let you know how long it takes to get them.

I've waited this long and I'm not giving up....NEVER!!

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Brian, there's some discussion in John Roche's book, "The Veterans Survival Guide" that deals with "Presumption of Soundness," in case this might help you.

"The governing regulations dealing with the issue of presumption of soundness are 38 CFR SS 3.304 b and 38 CFR SS 3.305 b. Both regulations state that a veteran will be considered to have been in sound condition when examined, accepted, and enrolled for service, except as to the defects, infirmities, and disorders noted on the entrance examination."

Anyone who served as active duty military after January 1, 1947 has an immediate "presumption of soundness." So, the fact that they may have accidently overlooked a possible pre-existing condition is irrelevant, according to the regulations. Unless they noted the condition on your entrance examination.

The fact that you received a medical discharge for this condition warrants a disability claim based on that condition.

Just my opinion -- a nurse has no business performing a cardiac C & P. I would challenge that examination. You've probably noted a lot of discussion here regarding the value of an independent medical opinion, and I would encourage you to get one from a Board certified cardiologist. Major Roche's book discusses in detail all the possible reasons that an exam can be flawed, and an examiner's serious lack of credentials in the area being evaluated is one of those reasons.

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As far a benefit of the doubt If you stand a cardiologist up against a nurse I think you should prevail. I don't think a nurse should be doing cardio type C&P exams. I think I would ask for another exam based on the lack of qualifications of the examiner. This is what The Survival Guide says to do. It is like having a cardio exam done by a podiatrist.

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I never knew enough to ask for a copy of my C&P. Now whenever I have one I call QTC to see when they sent it to the R/O then I formally request one in writing. I keep a copy of all VA related med recs and any other items so in case they slip into the VA trash can I have another copy yo send them. Most of my S/C problems are of an orthopeadic nature and I have gotten 1 doctor for a C&P that speacializes in mental health issues. Can't hardly see how she was qualified for the ortho stuff. Dale Jr. 8

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