Why won't the VA tell my husband?

[chrissie1110]

My husband was recently re-evaluated for his disability. His letter was sent, when he called the VA they said they could not give him any information until he got that packet in the mail. They have never had a problem giving us information before. I am confused, is this a bad thing? 

[broncovet]

Relax.  C and P exams are sometimes done by a contractor.  Since they get paid by VA, the VA gets to decide whether or not c and p exams are released to the Veteran.  

Try getting a copy of the exam from your "release of information" at your VAMC.  

This is neither good nor bad, its just irritating.  This happens at some VAMC's and not others.  

[chrissie1110]

17 minutes ago, broncovet said:

Relax.  C and P exams are sometimes done by a contractor.  Since they get paid by VA, the VA gets to decide whether or not c and p exams are released to the Veteran.  

Try getting a copy of the exam from your "release of information" at your VAMC.  

This is neither good nor bad, its just irritating.  This happens at some VAMC's and not others.  

Thank you! I was curious because this hasn't happened before. Kind of had us concerned. 

[broncovet]

This is another great reason why we suggest Vets order a copy of their c file.  Of course, you need to know if this c and p exam is unfavorable to give you a chance to fix this with another medical opinion such as an IMO/IME.  

There are protections in the regulations to prohibit VA from reducing Vets willy nilly.  

Quote

3.344 Stabilization of disability evaluations.

(a)Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind.

(b)Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made.

(c)Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.

Read this regulation over, and it may give you some peace of mind.  The last paragraph means that if this is a temporary rating this does not apply.  That is, if you are "not" p and t, or it has "not" been 5 years since VA rated you.  

[MikeHunt]

Go to the RO and ask the desk person to print a copy.

Go to your VSO (Legion, DAV, VFW) and ask them to print a copy.

The VA is a bureaucracy with one mission; to increase the bureaucracy. drawing out and complicating your access to your own information is just one way they accomplish that.