Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • fundraising.jpegGive a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Our picks

    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
  • Advertisemnt

  • 0
Sign in to follow this  
flow1972

PTSD for MST Do I have to give access to private med records?

Question

My claim is currently in Evidence Gathering.  My MST Coordinator has a DBQ that my VSO sent me to have my Dr (Private/Non VA) fill out.  It was filed with my claim.  She also has the AF OSI Report concerning the incident in question.  Two things:

1.  The FOIA Request I did to retrieve the AF OSI Report gave me the report summary and my hand-written statement of account.  The report summary discusses all statements, but they are redacted in my copy.  The report status shows Closed.  Recommended for action.  The MST Coordinator said she had the report but it didn't show what action was taken.  I told her that I was never "sent" anything explaining the action taken.  All I ever got was some generic phone call from some JAG person months later letting me know the case had been closed and that the subject had been "offered" CC but refused and was subsequently being discharged from service.  (I won't get into how crazy it makes me that someone can be "offered" jail time and "refuse")  MST Coordinator said she was going to see if she could obtain the action report.  I don't understand why they need that.  Any ideas?  I have since submitted a second FOIA Request (after learning that even though the Action Report is required to be given to OSI they "can't" release it to me without a FOIA Request being submitted and approved by the owners of that report which is AFLOA.  (Freaking ridiculous)

2.  She sent out a release letter to sign that will give them the ability to get my records from my private Dr.  Should I sign it?  Or should I get those records and send them only what they need?  My fear is that I talk about lots of things with my Dr.  Some aren't specifically about this.  Will they get that info and try to use it against me?

The stress of this, is literally about to do me in.  One of my "triggers" is being put in front of some person in charge and having them judge me while forcing me to recount every detail I've already written in my statement.  I am literally stretched thin thinking of being put back in that same situation.  It's unfathomable to me that the VA should be allowed to literally put an MST Survivor through the EXACT situations that caused a lot of the issues we suffer from.  They wouldn't stick a person with Combat PTSD back in Combat for their claim.  Before I go off on a tangent...thanks in advance for advice.

Share this post


Link to post
Share on other sites

5 answers to this question

Recommended Posts

  • 1

And, yes, the VA will use any applicable evidence against you, if they get the chance.  Count on that.  

Again, my advice hinges on what evidence your private docs have.  I dont know that.  I suggest you get those records, and read them.  If you think these provide favorable evidence, send them to VA.  If not, dont send them.  

We get to choose what evidence to send to VA.  However, if they have insufficient, or negative evidence, they will deny.  

 

Share this post


Link to post
Share on other sites
  • 0

No, you are not required to release private medical records.  However, the VA requires medical documentation to establish that you meet the Caluza elements.  So, if you fail to provide all 3 Caluza elements, expect to be denied.  

My advice:  Check those private party records.  If those records reveal favorable information, then sign the release form.  Favorable information would be evidence which documents symptoms, a nexus, in service event, or diagnosis.  Unfavorable evidence, for example, would be if that doctor said he did not think your condition was related to military service.  

You are not required to provide all private records, but, if you lack the evidence you will likely be denied.  

 

Share this post


Link to post
Share on other sites
  • 0

You should also get your VA medical evidence.  See if it has the Caluza elements, and your symptoms adequately documented.  You may/or may not need private evidence depending on what VA evidence you have.  

Share this post


Link to post
Share on other sites
  • 0

Thanks, everyone!  So, I spoke to my private doc (I really do love her).  She fully understands the adversarial relationship the VA tends to have and will provide me only the notes and records she feels they need to see that directly relate to the PTSD due to MST. 

I have chosen NOT to sign the VA's form.  I will submit my own records to them.  I actually just found out today that somehow I was scheduled for a C&P exam on November 18th.  I was never contacted to schedule it.  I only know because I called the local MST Coordinator trying to find out what exactly is needed from my private provider.  The local MST Coordinator (whom I've never spoken to before today) told me she isn't the one who requested the records.  It's the "Regional" MST Coordinator from the Claims side of the house.  The local one only deals with the treatment side of things, apparently.  I"m so new to all of this...it's just crazy confusing.  The local one kept apologizing for the fact that when I'd originally called to try to seek treatment through the VA, they didn't handle my request correctly.  They told me they couldn't see me for over a month, so I went ahead and found my own provider.  They also were supposed to notify her of my call...they didn't.  She said she will assist in trying to continue care with my current provider through the VA as much as she can since they totally hosed all of that up.

 

 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines