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odd C-File Contents question

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GeekySquid

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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

 

 

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Correct.  "Some" files are not put into the cfile.  One example of files "not" put into the cfile are records where the Veteran did not complete a "release of information" form.  

In short, the Veteran is not required to release his medical information to VA.  However, make no mistake:  If you do not release your records, VA will deny you.  

However, the Veteran "can" choose which records, if any are released to VA.  As an example if you were treated at a VAMC in California, and moved to Virginia, the Veteran may or may not release those "California" VA records to VA.  Again, however, VA loves to deny us because we wont release records.  Its "possible" you could get benefits without those "California" records, however, as long as you met the Caluza elements WITHOUT the evidence from California records.  

As another example, the Veteran generally needs to sign a release of information for private medical records.  

Generally, the private medical records can not be released without the patients permission, UNLESS there is a court order stating  otherwise.  

In practice, the VA puts into your cfile "what they want to".  No more, no less.  They have control over your cfile, once you sign a release of information.  And they do with your cfile "whatever they please" and have pretty much zero accountability.  

In "Cushman", the judges determined the VA fraudently altered the Veterans file in order to pay fewer benefits.  Both the BVA and CAVC decided to "look the other way" and permit this fraud against the Veteran.  The Federal circuit said, "NO", the VA cant do that.  Still, no VA employees were ever prosecuted for this fraud:

https://www.quimbee.com/cases/cushman-v-shinseki

 

Edited by broncovet
add more.
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10 minutes ago, broncovet said:

they do with your cfile "whatever they please" and have pretty much zero accountability.  

@broncovet

that I know to be true.

I may have needed to be more explicit.

I was not talking about external files.

I was referring to my military records, STR's and notes, tests, etc taken at VAMC's.

In the specific instance of the file I found right off the bat, it is a record of the procedures performed at the VAMC in New Orleans that now claims they have "lost" those records.

This particular record is not in my c-file but hundreds of pages of notes, etc from VAMC New Orleans are in my file.

It seems that if there is an "option" for the VAMC on what they upload to the C-file then that introduces errors and introduces 'cover up' potentials.

While I do believe sloth exists in the VA I don't believe in wide-ranging theories that the VA is "out to get me" specifically. I don't usually piss off people who don't know me well or who have never met me.

It will be interesting if I can find the other missing files in the JVL.

edit:

I should note that when I "enrolled" at the VARO and VAMC I signed all the releases to get my military records.

 

Edited by GeekySquid
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  • HadIt.com Elder

I had a lot of files missing from my c-file...After I got out I was not married and went home to my parents house...and my mom accidentally tossed out a lot of my Paper work from when and what I got home with,  I  was out and we didn't figure I needed them in the future...grrrrr

A lot of my Vietnam Records are missing  but lucky I had  DD 214 with  my  name rank/unit name and locations CIB & Uunit Awards /Mentals/Ribbons  and special operations  award unit plaque while in  RVN...they used those as part of my evidence to prove my Noise Induced Hearing loss was related or caused by my military service.

When the Audiologist tested me after my surgery  at the time I was not disabled  nor ever thought about filing a claim  I never knew I could until I started have hearing problems about 10 /12 years later and Went into the VA Hospital to have an appendectomy  and when they checked me out they tested my hearing from orders from the surgeon  that did my surgery he knew I had a hearing problem  anyway the VA Audiologist tested me and I showed a loss of hearing about 20%  he told me I should file a claim for me hearing   I was a combat Vietnam Veteran and he said  noise induced hearing loss can occur years later.

so hell yeah I filed my claim

I was denied for my hearing loss on first try...then I started my Appeals.   took over 5 years to win 90% COMBINED RATING WITH 10% TINNITUS ...TDIU P&T.

  Since I have a separate S.C. Condition rated 70% that got me the SMC S H.B. 

Anyway if you have records that are not in your C-File  make copies and send them into  the Janesville Claims intake Center and ask them to be placed in your C-file  and let them know you have copies.

Especially you younger Veterans  get those records in your C-file..ASAP.

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Also nothing in my C-file from when I had the Appendectomy at the Big Spring Tx VAMC back in1982  I requested those records and the VA Records manager sent me a letter later saying they only hold my records for 7 years and after that they are sent to an undisclosed locations   she said she don't know where that location is but they  put  them in storage...St Louis NRPC don't have those records either...I tried everything under the sun to get those records but never prevailed  in getting them.

While at the Big Spring VAMC they tested me for  Lukimia ...because I wa shaving shocks and tingling in my arms and legs and swelling feet   they were going to give me a Bone Morrow Test.

  but Finally one of the specialist finally did further testing and found my B-12 Was very low about #3 Out from a #normal 10...they loaded me up on B -12 INJECTIONS and found with an MRI my Intrinsic Factor was missing   that's the part that reaches out  and takes in the B 12 to send it to your blood stream From the different foods that we eat..I was not getting all my B-12...after taking about 30 injections within 2 weeks I felt better.  so now I have to take B-12 Injections twice a month  because my body can't produce the B-12...And no unfortuantely they are no current claim to claim for this...I say it must be from the A.O. but its not on the A.O..List  so I'm screwed on this one. 

Being I never drinked alcohol or abuse it  and I didn't have A form of leukemia , they have no known medical reason why I lost my Intrinsic  Factor?  

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3 hours ago, Buck52 said:

Being I never drinked alcohol or abuse it  and I didn't have A form of leukemia , they have no known medical reason why I lost my Intrinsic  Factor?  

The VA's answer to a lot of things used to be a veteran was abusing alcohol.

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7 hours ago, Buck52 said:

so I'm screwed on this one.

 

Hey Buck, what you describe is also known as Pernicious Anemia and has a diagnostic code of 7722. Is that how you are diagnosed for the B-12 deficiency?

If so check here

http://www.militarydisabilitymadeeasy.com/theblood.html#anemia

Code 7722: Vitamin B12 deficiency anemia (including pernicious anemia) is any type of anemia caused by low levels of vitamin B12 in the blood.  This type of anemia is difficult to detect early because the liver stores a lengthy supply of B12, so symptoms do not usually develop until after this supply is depleted.

If the anemia is severe enough upon diagnosis that it requires a blood transfusion, then it is rated 100% while being treated and for the first 6 months following discharge from the hospital. A 100% rating is also given if the anemia causes nervous system conditions (like myelitis) and requires injections or IV-administered B12. This 100% rating also continues for the first 6 months following the last B12 treatment. In both cases, after the 6-month mark, the VA will re-evaluate the condition. It will then be given a 10% rating under this code, and any additional symptoms, like myelitis, will be rated separately.

If the condition is not severe enough to warrant a 100% rating, but does require continuous treatment with B12, either by mouth, injection, or nasal spray, it is rated 10%.

 

I don't know how you Service Connect it, but since you did not enter the service with it something caused it. I just found out that the Hep tests I have been given were not for all types of Hep, just Hep C. They are running new ones now. Is it possible that is true for you too?  just a thought.

https://www.va.gov/vetapp96/files1/9609356.txt

https://community.hadit.com/topic/26037-pernicious-anemia-link/

have you looked at 3.307 and 3.309 to be sure you cant SC under presumptive?

these are just some quick ideas.

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