FOIA Request

[Dustoff1970]

Yesterday after 4 months I received two QTC C&P exam reports request that I filed on April 16, 2022. The computer disk included the DBQs filled out for 1. My Gerd claim that was granted at 60% and 2. Tinnitus claim granted at 10%.  Both claims were granted after 20 days from date of my filing including the short C&P exam and Audio test.  Both examiners stated my Tinnitus and Gerd was at least as likely as not (greater than 50%) that my GERD was due to PTSD and Tinnitus due to 1970 Vietnam combat.  Many blocks were left unchecked and some spaces for info left blank.  All is good in my Dustoff world.

Edited August 25, 2022 by Dustoff1970

[brokensoldier244th]

They are part of your medical records, otherwise you couldn’t be rated on something. I see Vamc and vendor/contract  opinions all day long, they are part of your CFile. 

[Mr cue]

Ok I am done so you telling me I can go to the VA hospital and get a copy of Contractor exams. No they are not part of you VA medical records.

Why you think a veteran need to do a freedom of information act to get a contractor exam. An wait 4 months 

Like I said you use to be able to get they from records in the VA hospital in 3 days.

the contractor exams and the VA order 100 exams for the same issue over and over isn't help a veteran.

 

[brokensoldier244th]

Be done all you want. I see this stuff every day. Its in your C file. You can't make up your own facts, Cue.

[Mr cue]

Smh see this is crazy.

I think ever veteran understand that the VA c file would have the contractor exams. Smh.

An the rater or ppl in the VA will see it

But like the veteran post it takes 4 month for the veteran to get a copy of the contractor exams.

So the VA getting them and Making a decision before the veteran even get see if the was a error made.

Is the problem an it put the veteran in Years of appeals to get the bogus exam remand.

Did I spell it out better

 

 

[brokensoldier244th]

V.....S.....O.....

They can see it as well.  Do I think you should be able to see it too? Sure I do. Is that going to change any time soon? Not that i'm aware of. I have nothing to do with how long it takes you to get the entire copy of your Cfile. VSOs can open it up and find individual documents, and many will if you don't treat them like crap. 

You can call the contractor and request it yourself, also, though its their document, they are doing the exam on behalf of someone else and they can choose to release it to you or not. It's not any different than a home appraisal- you don't get to see that before a decision is made, either.

How do you know if an error was made before the information is even decided on, unless its something egregious? Time travel?

Congress and VA say you can't just log in and see a claim unless you are a claims rep, VSO, lawyer, whatever, and go through the process of being approved for access to a government system. Probably not going to change anytime soon. By all means, start the process. 

You can appoint a non-accredited person per individual claim as your POA, also. Hell, your brother Bob can be your POA- but there is still a process to follow for that. CFR 14.630 and CFR 14.632. 

Not sure what else you want or expect that wouldn't result in holding up the claims process more than it already is. Just think if every veteran was suddenly granted access to the entire claim file whenever they want. You think the claims process is slow, now? Its not a perfect world, and you don't get everything you want. 

[Mr cue]

Glad you made my point