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Pursuing initial VA claim after separated 8 years ago, currently using a VSO. Worried - Do I need to provide VA full access to my providers or can I provide them records?

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MaxMax

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Hi All -

I am new to the community, just found you guys a few days ago, because I had concerns about my initial claims process.

My question is:

Which is better - telling the VA to pull my records, or give them the records and letters I have or will get?



It has been eight years since I separated, and because of my mental health condition (depression, PTSD symptoms, anxiety) and just trying to fit into civilian life, I have been unable to begin my claims process. With the help of friends and family, I have now been able to do things like go through my military records (difficult process, emotionally), pull civilian records, and seek further assistance for my mental and physical health issues.

I have been doing research over several online platforms with regards to how to go about supporting my claim. The VSO that I paired up with seems to be of the idea to just give my list of conditions to the VA along with consent to pull records, and give it to them from there. This seems to conflict with advice given in the communities, who would say that the claimant should just turn over relevant or full records, along with nexus/medical opinion letters from individual doctors. They would say this provides the best chance at an accurate and speedy outcome.

I really can't bear the thought of being tied up with this claims process for another few years, because it already feels like it has been killing me for the last months/years. I want to be able to feel like I did it right the first time. 

Also, on the mental health side, I really do not like the idea of giving the VA access to ALL of my mental health sessions and care, because it is very personal and much of it is unrelated to military life. 


EDIT: I appreciate all these answers and am reviewing them. I think at this point I am leaning towards giving consent to access all records, as well as perhaps sending the full records on my own, along with my personal statements. My psychiatrist has requested that I basically give her my personal statement for her benefit, so she can review and get a full picture of the timeline and progression of the mental health side. I would like to have a letter from my my psych and therapist with the needed wording. 
 

Edited by MaxMax
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The VA workers are on a time schedule or perhaps better stated as a production schedule.

Each claim is a individual child.

Only send information relevant for each claim.

Sending excess paperwork slows the process for you.

I wish I knew this information when I initially filed 20 plus years ago.

 

1. Get your medical file and notate all sick call visits (diagnosis).  IMPORTANT

2. After you have notated diagnosis/injuries, visit a doctor. If the injury/sickness still hampers/bothers you get a test to measure the disabling effects. VERY IMPORTANT

3. Tell your doctor you are asking for VA disability and ask him to opinion on the causation/connection between the in-service incident and your current disability.  IMPORTANT

 

The process is tedious and preparation is the key.

ITS NOT GOING TO BE QUICK.

Medical evidence is the key.

I hate VSO's telling claimants to just file. Only file if you have the medical paperwork to support the claim and warrant service connection.

Last, the VA has all your paperwork from active duty. Just do your part and file good claims and provide all relevant information to each claim.

 

Good Luck.............

🤠

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Ok.  First of all, your private physician can not diagnose PTSD to suit VA.  VA is convinced "only" VA physicians can diagnose PTSD related to service.  

So, to get compensation for PTSD, you will need to go to VA "at least" to get a vA diagnosis.  

    You dont "have" to release your records, but VA does not have to give you benefits if you dont.  They actually have a name for it:  "Abandoned claim".   If the VA asks for your records, and you dont comply, the VA assumes you abandoned your claim.  

    Also, "make no mistake".  The VA "is" gonna pry into your life, in every nook and cranny, before you get a dime of compensation.  If you can not accept that, then dont apply for benefits.  Your privacy is "gone".  Your medical records will be "swirling around" multiple VARO's, with dozens or even hundreds of VA employees (and VSO's)  "looking" at your records.  Now, claims go into a NWQ (national work Que) so you never know which RO will process your claim.  (and view your records).  Also, your claim is "not assigned" to one single person, this guy does orders records, that guy orders c and p exams, this one does this and another does that.  Still more handle your records in appeals.  Forget about privacy if you want VA benefits.  

   If you state you have been treated by Dr. abc, they will "likely"  want a release of those records from that doc.  Why?  Well because Veterans have faked records, unfortunately, so Va likes them coming from a doctors office, not so much from a Veteran who can take "white out" and clever copying and make himself look like he is bedridden while, in reality, he competes in the Mr. America bodybuilding contest.    While I certainly dont recommend lying or deceiving VA in any manner, others have faked records.  Probably about once a year, I read about another Veteran charged with fraud for faking his records and getting some compensation.  Dont even think about it, it will catch up to you, someday. 

 

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Many thanks for all the replies, these are all very full of relevant info and are helpful to me. 
I appreciate all these answers and am reviewing them. Currently I am leaning towards giving consent to access all records, as well as perhaps sending the full records on my own, along with my personal statements. My psychiatrist has requested that I basically give her my personal statement for her benefit, so she can review and get a full picture of the timeline and progression of the mental health side. I would like to have a letter from my my psych and therapist with the needed wording. 

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52 minutes ago, broncovet said:

Ok.  First of all, your private physician can not diagnose PTSD to suit VA.  VA is convinced "only" VA physicians can diagnose PTSD related to service.  

So, to get compensation for PTSD, you will need to go to VA "at least" to get a vA diagnosis.  

    You dont "have" to release your records, but VA does not have to give you benefits if you dont.  They actually have a name for it:  "Abandoned claim".   If the VA asks for your records, and you dont comply, the VA assumes you abandoned your claim.  

    Also, "make no mistake".  The VA "is" gonna pry into your life, in every nook and cranny, before you get a dime of compensation.  If you can not accept that, then dont apply for benefits.  Your privacy is "gone".  Your medical records will be "swirling around" multiple VARO's, with dozens or even hundreds of VA employees (and VSO's)  "looking" at your records.  Now, claims go into a NWQ (national work Que) so you never know which RO will process your claim.  (and view your records).  Also, your claim is "not assigned" to one single person, this guy does orders records, that guy orders c and p exams, this one does this and another does that.  Still more handle your records in appeals.  Forget about privacy if you want VA benefits.  

   If you state you have been treated by Dr. abc, they will "likely"  want a release of those records from that doc.  Why?  Well because Veterans have faked records, unfortunately, so Va likes them coming from a doctors office, not so much from a Veteran who can take "white out" and clever copying and make himself look like he is bedridden while, in reality, he competes in the Mr. America bodybuilding contest.    While I certainly dont recommend lying or deceiving VA in any manner, others have faked records.  Probably about once a year, I read about another Veteran charged with fraud for faking his records and getting some compensation.  Dont even think about it, it will catch up to you, someday. 

 

Of course we look at your records. We are also trained about HIPAA, PHI, etc, and if we violate it not only do we get fired but we can get into legal trouble just like anyone else that violates it. They can track every person that has touched a claim down to the day of assignment and what time the claim file was accessed, and what actions were taken on it. 

If it didn't work from a queue then 'that guy' that works your claim, along with however many others, would only be able to work 3-4 claims from beginning to end in a day, and thats being extremely optimistic for many of them. With the national work queue I can work your claim up to a point, and the next day or whenever it recalls, it can be worked further by someone else without waiting for me to get back to it. 

You can be diagnosed for PTSD by a private doctor, but you'll still get a C and P for it and in the case of conflicting medical evidence, well, it depends on which doctor wrote what with the most convincing evidence. I see a lot of private doctors that fill out the DBQ and never write up a rationale, or they write 1 sentence that says "Veterans condition is related to military" with no reasoning as to WHY. VA clinicians have to write both parts for SC. If your private doctor doesn't do an opinion/rational portion (required by VA regs) then all you have is a diagnosis and no opinion about service connection. 

Edited by brokensoldier244th
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You can do what you're comfortable with, but I personally would NEVER give the VA unfettered access to my civilian records...especially when seeking a Mental Health Claim.  You are only required to give them records that support your claim.  When working with a psychologist, you discuss every aspect of your life.  There will likely be things the VA could and will try to blow out of proportion in order to hang any issues you have on something that happened prior to service.  I submitted only what they needed.  I trust the VA so little, I still refuse to see one of their mental health providers.  I see my private provider who specializes in MST and trama associated.  

It takes a bit more time to go through everything, but in the end...you ensure they got the evidence you wanted them to see rather than 2,000 pages of things irrelevant to your claim which they will undoubtedly ignore all-together forcing you to have appeal.  It's a much faster process to do it the way it needs to be on the initial claim filling than it is to have to go through the appeals process.

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On 12/9/2020 at 5:41 AM, broncovet said:

Ok.  First of all, your private physician can not diagnose PTSD to suit VA.  VA is convinced "only" VA physicians can diagnose PTSD related to service.  

So, to get compensation for PTSD, you will need to go to VA "at least" to get a vA diagnosis.  

   

 

I'm going to disagree with you on this.  I have NEVER seen a VA physician for PTSD.  I was diagnosed by a private physician.  My private physician filled out the DBQ I submitted with my Claim showing my diagnosis along with the treatment notes she gave me.  I was granted a C & P where they did their own 3 hour exam.  I was SC'd with the rating my private physician noted on her DBQ.

So, to clarify for others...you DO NOT NEED A DIAGNOSIS OF PTSD BY A VA DOC BEFORE YOU FILE YOUR CLAIM.  You need a diagnosis...yes...just does not have to be a VA doc.  I hear this all of the time, and it is simply not true.

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