VA Vocational Rehab Counselor Access to PHI

[Missy1974]

Are VA Vocational Rehabilitation counselors granted access to a veterans medical records or compensation and pension exam information?  I went to a VA Vocational Rehabilitation Counselor in order to apply for Voc Rehab benefits. Would like to further my education.  My Vocational Rehab Counselor and her supervisor stated that education is not feasible for me based on things that were listed in my C&P exam and by my civilian psychologist 2 years ago. (I have Major Depression & PTSD due to MST.)  I honestly feel that my Vocational Rehab Counselor and her boss invaded my privacy. They are not health care professionals. I am in a much better place than I was two years ago. Are they allowed to view my medical records or C&P exam without my permission?

[Gastone]

Did you Appeal the VRC Denial Decision?

You're SC 90% and currently Rated IU, correct? Did you use all your GI Bill Education Benefits up?

I know the VA Rating Dept has access to your VR File, really not sure if VR has direct access to your C or VMC File. Did you ask your VRC about your HIPPA issues? Their response was?

Semper Fi

[Buck52]

This is a good question

I would think that when you fill out the Voc Rehab Form 21-1900 it states that you give access to your VA Records  so the counselor's even though they are not healthcare  professionals ( ''we need this information to determine your eligibility to the benefits as Identified in the VA System of Records.''

   They can read your records to give them a better insight about helping you....if you have Back problems they sure won't find you a job moving furniture  ect,,ect,,,

Edited May 29, 2017 by Buck52

[Missy1974]

@Gastone  I plan on asking the VR counselors about this. I asked the question here first in an effort to see if anyone else has had a similar experience. I knew they would have access to my rating and the fact that I was IU but when they were asking details and quoting notes regarding my Major Depressive Disorder it just caught me off guard. (I am somewhat of an introvert. I had a hard time initially opening up to my Psychiatrist and Psychologist.)  My Mental  Health Providers suggested I start getting out more and start considering looking for work in an effort to improve my mental health. I don't like leaving my house.  I also felt as if the VR counselors were trying to discourage me from going through with the program. Stating I would lose the IU. I am actually OK with losing the IU if my mental health improves and I can maintain employment.

 

Major Depression: 70%

Pemphigus: 60%

Limitation of flexion, Knee: 10%

Allergic Rhinitis: 0%

Maxillary Sinusitis: 0%

Total: 90% with IU 100%

[Missy1974]

@Buck52 Thanks for the feedback

[Buck52]

I don't think the VR Counselors are trying to discourage you from working or going back to work  but just wanted to let you know if you do you will lose the IU 

They should evaluate you and let you go back to school  if you meet the eligibility requirements.

Some veterans have been known to go back to work and keep the IU its unfortunate but when this happens the VA will seek repayment for the IU he/she has got from the time he/she went back to work...maybe this is what the counselors were letting you know?

some times it does seem they probe way to much and we think negative.

[Missy1974]

@Buck52 Thanks for the response. I hope that I qualify for re-training. I feel that my mental health is improving. Some days I want to leave the house. I think training/re-training in order to become employable is a great goal.