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Are all military medical records on file at the VA?
RichardZ posted a topic in How to's on filing a Claim,
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.-
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RichardZ, -
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Caluza Triangle defines what is necessary for service connection
Tbird posted a record in VA Claims and Benefits Information,
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”-
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Tbird, -
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Post in ICD Codes and SCT CODES?WHAT THEY MEAN?
Timothy cawthorn posted an answer to a question,
Do the sct codes help or hurt my disability ratingPicked By
yellowrose, -
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Post in Chevron Deference overruled by Supreme Court
broncovet posted a post in a topic,
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.Picked By
Lemuel, -
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Post in Re-embursement for non VA Medical care.
broncovet posted an answer to a question,
Welcome to hadit!
There are certain rules about community care reimbursement, and I have no idea if you met them or not. Try reading this:
https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
https://www.law.cornell.edu/cfr/text/38/3.344
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Lemuel, -
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Berta
The Nation's #1 Independent Veterans Web Site
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VA NEWS FLASH from Larry Scott
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VA SUSPENDS MEDICAL RESEARCH AT SEVEN CENTERS IN
WAKE OF LATEST DATA LOSS -- Secretary Nicholson
expresses anger with VA researchers who
disregard data security rules.
Story here... http://www.mercurynews.com/
mld/mercurynews/business/16716558.htm
Story below:
---------------
VA to suspend some medical research after computer data breach
WASHINGTON (AP) - Veterans Affairs Secretary Jim Nicholson has stopped activities at seven specialized research centers across the country after an unprotected computer hard drive disappeared from one of the facilities in Alabama last month.
In an internal memo obtained by The Associated Press, Nicholson called the department's latest data breach ``tragic'' and ordered the VA's Research Enhancement Award Programs to shut down until they are certified as meeting security standards.
The research centers focus on studies involving large amounts of data. The center in Birmingham, called the Deep South Center on Effectiveness, collects data for improving quality of care.
Writing to VA's top management on Thursday, Nicholson also said the department would begin unannounced inspections at VA sites nationwide.
``It is now clear to me that there are still too many VA employees, both in senior positions and elsewhere, who either still do not comprehend the seriousness of this issue, or who consciously disregard its seriousness,'' he wrote.
Nicholson has come under sharp criticism on Capitol Hill in the past year over a series of computer security failures that put sensitive personal information for millions of veterans at risk.
In the latest incident, a backup hard drive containing data such as Social Security numbers for up to 1.8 million veterans and physicians was reported missing Jan. 22 from a research site in Birmingham, Ala.
As a federal investigation proceeds, officials have remained tightlipped about the case. But in the letter, Nicholson wrote that the employee was a research assistant and the hard drive may have been stolen. The VA acknowledged earlier this week that the hard drive was not encrypted, a violation of the department's policy.
``This represents a failure of leadership in overseeing data security at Birmingham -- a failure that may be widespread throughout our Department,'' Nicholson wrote.
VA officials have said the data on the missing hard drive, including for some 1.3 million non-VA physicians across the country, was being used for a study.
Similar sites are in Portland, Ore.; Denver, Colo.; East Orange, N.J.; San Francisco, Calif.; White River Junction, Vt.; and San Antonio, Texas.
VA spokesman Matt Burns confirmed the letter Friday. He said the security reviews would be expedited but that it is unclear how long the research would be interrupted.
``The benefits of any research must be weighed against the importance of protecting the information that's being used,'' he said.
The Birmingham disclosure comes after a string of similar incidents recently, including the theft last spring of data on 26.5 million veterans from a VA employee's home in Maryland.
In auditing the department's security procedures last year, federal investigators found weak management and lax rules.
Nicholson said in August the agency would upgrade its computers with encryption technology, making data unreadable for unauthorized users. The department also recently hired an outside firm to improve employee practices.
House Veterans Affairs Committee Chairman Bob Filner, D-Calif., said this week he plans to hold a hearing on the Birmingham incident later this month.
Rep. Artur Davis, a Birmingham Democrat, called Nicholson's actions ``good steps'' but said the memo underscores the need for legislation strengthening data requirements at government agencies.
---------------
from:
Web www.vawatchdog.org
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Edited by BertaGRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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