Copies Of Past Denied Claims

[ROMAD]

How do I go about getting copies of claims that were denied from 1993 - 1995. Does anyone know if there is a record of these that I can get. I can not find my copies and denials. And I am sure i will need them for my CUE.

My second question has to do with combined diagnosis type ratings. How do i receive a rating for both conditions. I just recently had my rating increased to 50% SC "Cluster Headaches with Horners Syndrome" 8100. I see that Horners Syndrome has seperate rating criteria but there is no rating for it that I can tell. My service medical records refered to my condition with the entire phrase as well "Cluster headaches with Horner's syndrome" So in addition to the CUE for not being rated for my 8100 claim should this be brought up at the same time or would this be two seperate issues. The rating for horners would be an additional 10 -20% 6019 or 6030 from the guide. So what do you all think??

ROMAD

[Berta]

Absolutely Not you Vike!- I meant 1968 Army- we have gone through this before with this veteran-

A vet can ask for their med recs with or without citing the Privacy Act-

Our local Records access officer has a form for this I think and I have seen Dom vets get a piece of scrap paper out of VA wastepaper baskets to write a short med recs request on it and give it to the Records Access person. They dont have the means at the dom to type a request up neatly.

An FOIA request goes a whole different route-it is a legal request-and is not needed for copies of med recs-from the vet-it can even hold the copying up-they often go to Regional Counsel whether he has jurisdiction or not.

As I stated here before the feds took over a year once to send me info I wanted-

They acknowledged my request within a week or so, and periodically called me or wrote to me- to give status.They could not waive the copy fee and I got a disk of the info- and it cost about $125 bucks. Appeals I filed n other FOIAS went to Ken Starr when he was US of A Solicitor-I have had so many FOIAs with VA and other feds-that the regional counsel VA recently asked me if any more were pending wth him-I couldn't remember and said I would check.

FOIA is not the Holy Grail and the VA does not go OH NO when they get an FOIA request-

It will probably even hold up med recs if used by vet for a veterans copy of them.

The VA will want more info if someone says they are a surviving spouse or long lost cousin-of course-

the VA protects veterans med recs this way-I am grateful everytime they make me prove who I am.

I am glad I came back on line Vike- you might be unaware of what I was refering to but others here know who I mean-it is 1968 Army-

I fully believe Army has a very legitimate claim and good evidence -however there is no way-if he has substantial gainful employment -that VA will award him TDIU-that was another rigamorale we went through with him in the past-

I was too abrupt and should have made sure I referred to him directly- I never thought you would think I meant you-

You ALWAYS give good advise and are quick to say if you are not sure about something-

I can just use the Ignore button for Army- but someone else will have to read and correct his posts.

I have had triple posts lately and could NOT delete????

Edited March 9, 2007 by Berta

[Berta]

I need to clarify again-

This regards your med recs OR your c file-

The VA -as Vike said will give you no problems whatsoever- whether you cite Privacy Act or not-

with a simple request for these records.

As a widow I had no problems a decade ago getting all of above.

Three years ago the VAMC that committed most of the malpractice I proved gave me all sorts of crap when I asked for clearer copies on a single med rec.

They illegally required me to produce Probate court documents-

and then stalled some more on the simple request-

maybe they heard the scuttlebutt at the VAMC about the Other malpractices I had discovered in the med recs.

I raised Hell with somebody-forget who- VA counsel I think- and the stuff I needed was immediately in my mailbox within days.

[Berta]

I am not offended Army-

we all deal with the same frustration and we are controlled by the Regs-

But it is the regs themselves that help us to control VA with our claims-

Men and women we can have input into any new reg the VA proposes-when they let us knw about it-

TBird posted the last proposed reg here today- I have been waiting for this in the Fed register---and am sending in public comment on the Part G survivor part and also on the DEA part.

My comments are for widows and Chap 35ers and 1151 SMCers.

You all might want to read these regs and see if they apply to you and should be altered.

It tells you where to send your comments in the PDF file Tbird put here under other topic-I forget which one-