Vcaa Question Ref. Private Medical Records

[vaf]

I've got a question about the extent to which the VA is required to help the veteran obtain information from private sources.

The veteran has obtained an independent medical opinion from a physician to support a claim. The physician has treated the veteran for several years, and states so in the IMO. Then, the VA had a specific question on that IMO, but never notified the veteran or the physician, who in writing invited inquiries should anything else be needed. Then, the VA (in this case the Board) denied the claim, specifically referring to the IMO, but stating an apparently minor point of confusion (whether the muscle spasms referenced occurred in the cervical spine, the lumbar spine, or the extremities), which could have easily been cleared up if the veteran or the physician had been notified. In fact, the veteran first heard of it when he received the Board decision.

This all occurred after the implementation of VCAA in 2000. No VCAA notice, and apparently, this conflicts with 38 CFR, Part 3, § 3.159, as well as M21-1 in the discussion referencing developing evidence from non-Federally held agencies (i.e., private medical records). The veteran completed numerous release of information authorization forms, which the VA claims to have never received.

In contrast, the VA is citing 38 C.F.R. 4.2, which says that if VA has a medical examination it regards as inadequate for decisional purposes or in which the diagnosis doesn’t match the data, VA is to return the examination as inadequate, seek another exam or clarification of the initial exam from the VA provider, i.e. this has been interpreted to refer only to VA exams, where VA can compel a re-examination.

Am I wrong in believing that the VA violated the VCAA?

[Pete53]

The VA talks about helping but they do very little. When I had my claim I had to track down and get copies of private medical records that the VA wanted. There idea of helping is sending out a request that you have signed giving the VA permission to get copies of your records.

[Stretch]

I was told that I did not request my medical records, from the VAMC Long Beach, Ca., with an FOIA. I sent copies of my FOIA request for these records from 2002. I told VSM that they could read the Different FOIA, request for records from L.B. Ca., for each year that they failed to produce. The VA has been using this BVA remand request, for this FOIA information that the VA needed to obtain from itself, as a reason to put a hold on my claims.

Finally, the Little Rock, Ar., VARO was mailed, these records from the L.B. FOIA medical records 1/14/2007.

Now, the VARO says that some of my claims are going to be held up because I have Diabetes. I didn't even tell them, and I was hoping that they would not find out, as far as my BVA remands are concerned, but there are some factual people within the VA.

Re-examination, right.

[vaf]

My point is that the VA deliberately did not advise the veteran or his doctor that they lacked this one point of information, and they're using it to deny the entire claim. They have an IMO from this doctor, yet act like they didn't know where to get the medical records to back up that IMO.

How do the two separate subsections I cited from 38 CFR impact each other? The VA is using one to excuse itself from helping the veteran further develop his claim (because the records were not from the VAMC), and the veteran is using the other to prove that the VA didn't fulfill its duty to assist, and at least notify the veteran that additional information was needed before denying it.

Edited January 15, 2007 by Vicki

[LarryJ]

Part and parcel of my remand was for the AMC to get my SSA records.

Alex advised me to be pro-active and get them and anything else and send them to the AMC.

I've sent them Registered U.S. Mail. Waited. Called them. "....we are still waiting for your SSA records"

I've FAXed them. Waited. Called them. "....we are still waiting for your SSA records"

I've sent them Registered U.S. Mail. Waited. Called them. "...we are still waiting for your SSA records"

I've FAXed them. Waited. Called them. "....we are still" YEAH, YEAH, YEAH, I KNOW "YOU ARE STILL WAITING FOR MY SSA RECORDS!"

This is the damnedest thing. Heck, I can get my SSA records and yet one arm of the Federal Gubberming can not only NOT get records from another branch of gubbermint.......but, they can't even seem to find their butt with both hands with a spotlight shinin on it.

You don't really suppose that they are simply holding up my claim............do ya?

Well, I have some news for 'em..........I ain't planning on dyin anytime soon.

[Josephine]

My point is that the VA deliberately did not advise the veteran or his doctor that they lacked this one point of information, and they're using it to deny the entire claim. They have an IMO from this doctor, yet act like they didn't know where to get the medical records to back up that IMO.

How do the two separate subsections I cited from 38 CFR impact each other? The VA is using one to excuse itself from helping the veteran further develop his claim (because the records were not from the VAMC), and the veteran is using the other to prove that the VA didn't fulfill its duty to assist, and at least notify the veteran that additional information was needed before denying it.

Vicky,

This is a matter of logic. I wish that I could figure the logic out for you, but when it comes to dealing with the Veterans, logic seems to disappear.

I know exactly what you are saying, but how in the world does someone ever accomplish getting the VA. to understand anything.

They don't seem to or want to know when black is black and white is white.

Josephine

Josephine

[john999]

Larry

Can you go see the the local VA Regional Office and talk to a counselor and then hand them your entire package of SSA records? They probably have all your records from SSA sitting in your C-File but are too dumb and lazy to look for them. I always went to my RO with all my records and talked to someone and got them to acknowledge I was giving them these records and got copies. They held my claims us for the same kinds of reasons and I went and got the info and brought it to them and handed it to them.