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Need some peace of mind through this!!! PLEASE READ


Ztmiller8
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Question

 Hey all,

- I have a claim in for sleep apnea due to a documented MST. I provided the VA.gov site with uploaded documents that were from the issuing doctor stating that he recommended a CPAP machine for me. I then submitted a (lawyer approved) photo of my CPAP machine with all my data. Obviously none of this is in my Army med files because I did not want the MST on file. I then submitted the files and medical documents I listed above that are clear as day (which I know the VA doesn’t live in that day). After submitting all of this, they requested me to fill out a VA 21-4142a form for requesting medical documents from my civilian doctor. My question is, why are they requesting this info if I just provided it for them? At the same time they are saying they did not find the info I submitted in the requested paperwork? I am not lying about something like this, I am just submitting what I have been given!

- FYI my lawyer said it is standard protocol for the VA regional to issue that request, they said it’s like telling a private to stand in a corner, they don’t ask questions, they just go stand in that corner. 

Peace of mind in this? I hate feeling like I did something wrong when I didn’t!

- Thank you!!

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  • HadIt.com Elder

Did your doctor (a sleep doctor, right? ) actually say that your Apnea is due to MST? Central or obstructive? Thats what needs to be in there, and why they think that. 

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First off you did nothing wrong!   The VA has ways of doing things and they might request the same thing multiple times!

sounds like you have some good backing.  Keep driving forward and keep fighting.  The VA will never stop and you should not either!

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  • HadIt.com Elder

Because we are legally required to ask the provider in case there is something that you forgot to send in. 

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brokensoldier244: obstructive, and yes he did state that it’s from the MST, I suppose I’m just feeling weird about it since a lot of the MST info is in those files and I’m not ready for that to be public yet, in other words I don’t want them poking around with it if that makes sense.

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  • HadIt.com Elder

If you want to get rated for it, then you will have to accept that. The VSRs see 10-15 cases a day to work on so they won't remember, anyway; the doctor that its referred to needs to see the entire clinical record, not just what is selectively sent in by the veteran. In order to see that the 21-4142 release is necessary.

I understand that you don't want it out there, yet, but this is no different than if you switched doctors- they would see your entire file, too. VSR's are only looking for 3 things- 1 did it happen in service, 2. is it still happening 3. is there any potential possibility that its connected to service. That's it. We aren't doctors and we aren't determining your claim. Raters are only looking at the records sent in and the results from the exams to connect them together to determine a rating percentage, based on the CFRs for that. They aren't doctors either, but they do have a lot more training in reading medical evidence. This isn't a diagnosis, or refuting that you HAVE issue X, Y, Z. This whole process is to determine whether or not its connected to service.

That's it. 

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4 minutes ago, brokensoldier244th said:

If you want to get rated for it, then you will have to accept that. The VSRs see 10-15 cases a day to work on so they won't remember, anyway; the doctor that its referred to needs to see the entire clinical record, not just what is selectively sent in by the veteran. In order to see that the 21-4142 release is necessary.

I understand that you don't want it out there, yet, but this is no different than if you switched doctors- they would see your entire file, too. VSR's are only looking for 3 things- 1 did it happen in service, 2. is it still happening 3. is there any potential possibility that its connected to service. That's it. We aren't doctors and we aren't determining your claim. Raters are only looking at the records sent in and the results from the exams to connect them together to determine a rating percentage, based on the CFRs for that. They aren't doctors either, but they do have a lot more training in reading medical evidence. This isn't a diagnosis, or refuting that you HAVE issue X, Y, Z. This whole process is to determine whether or not its connected to service.

That's it. 

Thank you, I guess my mind is trained to naturally expect like a super private investigator reading into every detail of it. I just needed to hear that I did nothing wrong with it, thank you!

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  • HadIt.com Elder

What would have been wrong would have been to not send it in, and then you would risk there not being enough in the notes you sent to render a rating. There is still a possibility that the provider wont respond to the 4142- its rare but it happens. 30 days total for them to respond divided between two requests. If they don't, then the rater would have to determine based on evidence of record. Its better for us to be able to say "hey, we sent this to your doctor to request records and they ignored it" than "you didn't provide enough...." especially if there is additional records. At least we can say we tried to get them and have documentation of the attempts rather than just saying you didnt provide it. 

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1 minute ago, brokensoldier244th said:

What would have been wrong would have been to not send it in, and then you would risk there not being enough in the notes you sent to render a rating. There is still a possibility that the provider wont respond to the 4142- its rare but it happens. 30 days total for them to respond divided between two requests. If they don't, then the rater would have to determine based on evidence of record. Its better for us to be able to say "hey, we sent this to your doctor to request records and they ignored it" than "you didn't provide enough...." especially if there is additional records. At least we can say we tried to get them and have documentation of the attempts rather than just saying you didnt provide it. 

Okay thank you, that makes more sense, so in essence it is just standard protocol...

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  • HadIt.com Elder
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  • Moderator

Unfortunately, some Veterans have tried to fake medical records, and so the VA often requires you grant permissions to view your records direct from the provider.  

So, no, you didnt do anything wrong.  You dont have to give VA permission to view your records, but if you want benefits you do.  

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