DIC question; Widow POA for VA records release?

[Rivet62]

How does a widow establish the right to request and receive her husband's VA medical records?  

I have the form for records release, and the space where she is to sign as legal representative, but how does she put her legal representative status on record at VA?

Berta what did they require from you?  I ask you because to get an answer from a clerk could send her down some frustrating paths.

[Berta]

I believe you have the VA form 3288-

that is what I used and I went to the local VAMC where my husbnd hd been treated and gave it to their Record Accesss Officer ( often called FOIA Officer.)

I suggest she call the VAMC that treated him to make sure they are still using this form for VA medical records releases.

In the request area make sure she gives dates that would cover ALL of her husband's VA medical records.

Under Purposes just put , 'to file a VA survivor's claim.'

This part :

"SIGNATURE OF INDIVIDUAL OR PERSON AUTHORIZED TO SIGN FOR INDIVIDUAL (Attach authority to sign, e.g., POA)"   does not apply-in your case for your relative- 

as thispart does:

"NAME AND ADDRESS OF ORGANIZATION OR INDIVIDUAL TO WHOM INFORMATION IS TO BE RELEASED
VETERAN'S REQUEST
I hereby request and authorize the Department of Veterans Affairs to release the following
information from the records identified above to the organization, agency, or individual named
hereon:
NAME
INFORMATION REQUESTED (Number each item requested and give the dates or approximate dates - period from and to - covered by each.)"

However she should add after her name, Surviving Spouse of the veteran and bring a copy of his death certificate with her. They can determine her status through her SSA # which is also needed on the form.

But things change at VA and they might have a different form. 

I do not see this leal status statement on the 3288:

You said"I have the form for records release, and the space where she is to sign as legal representative, but how does she put her legal representative status on record at VA?"

"Berta what did they require from you?  I ask you because to get an answer from a clerk could send her down some frustrating paths."

You bet- years after getting the Bath VA medical records I had to make another request as one Blood Chem  record and MRI result was Very difficult  to read and by then the Records Access Officer knew my purpose ( they were aware of my SF 95 case) and she required a copy of the death cert again and a raised seal copy of the Letters of Administration I had filed and received from the county-that showed I was the legal repesentative of an intestate status of my husband.

I brought all that with me ,but then when I realized some stuff was missing from the records she again made me produce another raised seal Death cert and raised seal Letters of Aministration. I said nothing has chnged since the last last time I gave you this stuff, and obviously my husband is still dead. It was one of many VA efforts to hinder and hold up my wrongful death case,and it didnt work.

If your uncle died without a will, your state might require additional info to establish her legal standing. Her County  surrogates office can help with that .

I got the forms for that and the surrogates office told me to give them to my attorney to fill out. I told her I was a Pro Se attorney and she said 'Oh no problem, you can handle this yourself.'

It was not difficult to do- I couldnt see paying a lawyer for something I could do.

That is what Pro Se attorneys do-it means we legally represent ourselves.

What is the form # on the form you have?

 

I used this form in 1995. My deceased husband's NY VA medical records were still at this VAMC.

His medical records from another VAMC long ago(NJ) were obtained by the SSA, nd never part of the Bath NY VA's records.

 

 

Edited February 3, 2022 by Berta
added more.

[Berta]

Thinking this over- I believe all she would need for his VA medical records is the death certificate  and her own ID. For DIC the VA also needs a copy of their marriage licence but I didnt need it for the VA medical reecords.

I noticed the form  3288 appeared in some older claims decisions at BVA that widow's filed, but could not find that form mentioned in more recent claims.

This sounds like a legal statement from a SF 180-that you mentioned, but maybe you have a new form they are using now.

"1. REQUESTER IS: (Signature Required in # 3 below of veteran, next of kin, legal guardian, authorized government agent or ”other” authorized representative. If “other” authorized representative, provide copy of authorization letter.) Military service member or veteran identified in Section I, above Legal guardian (Must submit copy of court appointment.) Next of kin of deceased veteran (Must provide proof of death). Other (specify) Show relationship: (See item 2a on accompanying instructions.) 2. SEND INFORMATION/DOCUMENTS TO: (Please print or type. See item 4 on accompanying instructions.) 3. AUTHORIZATION SIGNATURE REQUIRED (See items 2a or 3a on accompanying instructions.) I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the information in this Section III is true and correct. Name Signature Required - Do not print ( ) Street Apt. Date of this request Daytime phone City State Zip Code Email address *This form is available at http://www.archives.gov/research/order/standard-form-180.pdf on the National Archives and Records Administration (NARA) web site.*"

https://www.benefits.va.gov/homeloans/documents/docs/standard_form_180.pdf

That form (SF 180)is only for inservice personnel files and inservice Medical records

 

 

It will help us all if they have changed the 3288 form.

[Rivet62]

On 2/3/2022 at 7:46 AM, Berta said:

What is the form # on the form you have?

It is simply a request for VA medical records, VA Form (Dec 2020) 10-5345.  I suppose the Information Release office at a VAMC can better answer my question as to the current procedure, but like your experience shows it is something they might ask for again and again. I almost think the easier way would be to create a MYHealth eVet account, request premium access as a surviving spouse, since the radiology reports and lab tests and even imaging are now available on Blue Button in MyHealth eVet. He wasn't in the VA Health system for long before he died.  I can imagine things get trickier when requesting records from decades ago.

[Berta]

The VAMC that treated him would have access to his medical records, and they would know what form to use.

Their main VAMC phone number operator can direct you to their Record Access Officer. They would be listed as to that number at this site=

https://www.va.gov/directory/guide/home.asp

If she is a VA patient herself then I guess she could use the My Health VA account.

I think it is only for veterans or spouses in the VA health care system.

 The VA  Form : 10-5345

This is for 3rd party indicividuals, such as a lawyer representing a veteran or their survivor.

"Use VA Form 10-5345 to authorize us to share your health information with a non-VA (or third-party) individual or organization."

https://www.va.gov/find-forms/about-form-10-5345/

Since he was not in the VAMC system too long, she will also need his Private medical records too.

Others here would know how to get copies of them.

 

[Rivet62]

2 hours ago, Berta said:

The VAMC that treated him would have access to his medical records, and they would know what form to use.

Their main VAMC phone number operator can direct you to their Record Access Officer. They would be listed as to that number at this site=

https://www.va.gov/directory/guide/home.asp

Thank you.  It helps to know what it's called.