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HadIt.com Anniversary 24 years on Jan 20, 2021

Freedom of Information Act


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Good afternoon  to everyone, I was denied for Cervial spine after I had gotten it fused together, so I sent in a Freedom of Information request for my C@P exam. on VA.Gov it shows when it was received back in Oct. in the being of December matter of fact December 7, it was closed and stated I will see the information in 7 to days. I have not received a thing as today, so I called the 1-800 the young lady said I see that too, that is closed, so where is the information she said nothing for her to do, and passed me off to another number which was educational benefits. Does anyone have any ideas what I should do next.

Thank you,

Ken

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26 minutes ago, Ken Dillon said:

Good afternoon  to everyone, I was denied for Cervial spine after I had gotten it fused together, so I sent in a Freedom of Information request for my C@P exam. on VA.Gov it shows when it was received back in Oct. in the being of December matter of fact December 7, it was closed and stated I will see the information in 7 to days. I have not received a thing as today, so I called the 1-800 the young lady said I see that too, that is closed, so where is the information she said nothing for her to do, and passed me off to another number which was educational benefits. Does anyone have any ideas what I should do next.

I am really not sure what you are trying to do but normally when a veteran is denied a claim. The veteran must then file an NOD or some type of an appeal.  Were you trying to get a copy of your C & P exam? As far as I know the Freedom of Information request would only get you access to information, a copy of the exam but it could/would not get you a new C & P exam. You would have to request a new C & P exam from the VA, and it would be up to them to schedule/re-schedule you a new one.  

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On 12/28/2020 at 4:18 PM, Ken Dillon said:

Good afternoon  to everyone, I was denied for Cervial spine after I had gotten it fused together, so I sent in a Freedom of Information request for my C@P exam. on VA.Gov it shows when it was received back in Oct. in the being of December matter of fact December 7, it was closed and stated I will see the information in 7 to days. I have not received a thing as today, so I called the 1-800 the young lady said I see that too, that is closed, so where is the information she said nothing for her to do, and passed me off to another number which was educational benefits. Does anyone have any ideas what I should do next.

Thank you,

Ken

Was your C&P EXAM DONE BY THE VA OR CONTRACTOR?

You can check with the VBA and sign a FOIA and request a copy of this C&P EXAM  you need the date of the exam  and your claim #  the VSO Can look it up on his computer and run you off a Copy....if this C&P was done by the VA check with VA Release of  Medical Records Dept. @ your VAMC and you still need to sign a new FOIA  give them the date of your C&P and they should make you a copy.

*Note this may not be so easy to do due to the Covid.  this Coronavirus Has Really messed up things  its the New normal if there is such a thing ?

Call your VAMC before going  and ask if you can come in and get a copy of your record you need   at the Release of Medical Records Office... they may be running a skeleton crew??  or call the Release of MEDICAL RECORDS OFFICE AND SEE IF THEY WILL JUST SEND IT TO YOU.

(JMO)

Edited by Buck52
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I want to share my experience.  

Last time, I requested VA 1-800-827-1000 for my C&P exam (my cataracts) that I attended in October 2019 with QTC (VA contact company), and I received it a few days later without any problem and didn't need any form. It didn't have problem. If the C&P exam did at VA CBOC, it will automatic appear on my medical record (VA.gov) after 30 days.

Then I had another C&P exam/DBQ for my OSA (obstructive sleep apnea) on November 11, 2020 with LHI (VA contact company), so I waited for 30 days, and I called VA 1-800-827-1000 on December 14, 2020 to request for the exam copy because the examiner was VA contact company (LHI).  However, VA benefit specialist talked about privacy act request and told me that he must contact the VARO and wait for them to allow or whatever. He told me to call back the next week. Then it showed on VA.gov:

Claim for freedom of information act / privacy act request updated on December 18, 2020
Status: Closed 

 We sent you a decision letter
Submitted on: December 14, 2020

It misunderstood me that VA sent the request form to me to sign, so I waited for the form, but I received it on December 28, 2020 and it wasn't any form; it just a letter:

InkedScan_LI.thumb.jpg.e0ba2eab8f874215df44af76674f294b.jpg

It's nothing. I think VA just makes it harder and harder for all veterans (include me) to request  our own C&P exam/DBQ. However, I was lucky because last month, I tried to look for anyone that could help with my claim, and I found a name and e-mail address from a page on facebook. I research and I found he is a Veterans Service Center Manager at the VARO of the city that I live. I sent an e-mail to him before Thanksgiving day (November 25, 2020) to ask him to help and I gave him the detail about my claim. He didn't answer me.

However, on Friday November 27, 2020, I received a telephone call from the Public Contact Supervisor from my VARO, he told me that he would try to help and he was also the person that saw I called VA and requested for my C&P exam/DBQ. He said he saw something was sent out but it's not C&P exam/DBQ, so he sent the VA form 3288 to me to sign, and I sent back to him. Just take time sending e-mail back and forth with him. Finally, he sent my C&P Exam/DBQ to me by fax. Lucky I have printer that can print, copy, scan and fax. They have 28 pages. I have to thank him. He is very nice and helpful.    

What I try to tell you is maybe you should look for the leadership team of your VARO which depends on what city you live. They are on VA website. You just start from there, and you might get someone to help you because these people ought to help us, and it's their jobs.

https://www.benefits.va.gov/benefits/offices.asp

Please try it and I hope you get someone that can help you. 

 

Edited by Mituna 2483
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