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]

You haven't made one, yet. *smh* 

[Carl the Engineer]

Apples and Oranges,

Apples, in the VA health system, via the Blue Button in MyHealthyVet, I can see any interaction that I have with the VA regards my health to include appointments, messages and periodic exam reports etc.  I can even see old (before third party contractors) C&P exams that were done at the VA hospiital.

Oranges, in the VA comp system, via my CVSO (County Veteran's Service Officer) I can get any or all of my C&P exams whether in house or third party contractor.  Even though it took 4 months to get my C-File (FOIA), I can get exams, even from contractors when I walk in the door.  CVSO's do not get paid by the VA, so they will probably not print a big request, but I have had them print 15-20 pages without any grief.  And I do call them weekly to see where the VA is with my appeal, as the VA takes for ever to send a letter.  I had a letter from the VA with a 60 day suspence that took 40 days to get to me, but I knew the content already via my CVSO.

Now, what I think (I could be all wet) is the issue here is trying to get comp exams from or through the VA health system.....   I do not think that my PCP has acces to my comp C&P's.  Or if they do, they don't persue them as they (VA comp exams) are not treatment records and have no bearing on the proposed treatment.  I.e., what you are being treated for has already been diagnosed via a health medical exam.  A C&P exam is for proving you have a ailment from your service, as we all know.

Finally, maybe a Veteran has experience with this.  What if you claimed COPD for example, and at the C&P they took a x-ray of your lungs and saw a grapefruit sized tumor.  What would happen?  What if it was a contractor?  I would think in that case, it would become part of your health record.

I will also add that I am pretty sure most of your C-File is not in your health record.  My C-File has my wifes complete SSDI file for her Multiple Sclerosis disability.  I went to a contractor C&P where the examiner told me she was going over her day the night before and had to start over on my exam because she was using some of my wifes "readings" and then saw that I was not a 53 year old women.  So, the C-File can be anything or everything for the Veteran.

FWIW,

Carl

 

[brokensoldier244th]

Carl- the vha medical people can only see c&ps done in a VAMC, though they have no reason to pay attention to most of it. Your rating doesn’t really matter in the context of what they do- they treat.
 

The va examiners input them in through the same system that holds your day to day medical stuff. I’ve seen some of my own C&ps in MyHealth vet before a rating, if they were for physical stuff. I usually waited a week or two before starting to check since they don’t all do the entry right there or immediately after your exam.

I will stress,  I cannot see any of my own va stuff within the VA internal systems- I’m blocked from all of it. I can only see, of my own, the same stuff anyone else can via myhealth vet or va.gov. 

[Rattler]

On 8/25/2022 at 12:25 PM, Mr cue said:

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

 

 

I am still waiting on MY FIOA to get my c-file from February 2022 I wish 4 Mo.

[Mr cue]

Can't no one tell me this is legal in the claim process.

To tell a veteran you can get a copy of the contractor exams unless you do a foia. That takes who really no how long.

You can't even get a copy of your own medical exam from a private company. That made a medical opinion on your disability. That is crazy.

An no feel there issue is the bigger problem. 1 billion dollar contract to look up who owe qtc. 

First how many veterans understand this. Not many. Many would feel it should be in there medical records 

 

But the VA has used the contractor exams to denied there disabled claim 

When veteran appeal to the bva they still don't have there record or a copy of the exam.

 

So how would veteran be able to fight the exam or report.

First time someone will see the contractor exam and the record is when it go to the cavc an the VA has to send the lawyer or the veteran.

An then the Court say the exam was inadequate an remand for new exam.

 

I try to point out these VA games 

That are not helping veterans.

VA exam at the hospital. veterans used to be able to get a copy in days they would have it in there hand dispute the exam. The next week to the regional office 

A new exam would be order before the VA could make a decision or use the exam for a decision.

See the difference 

Smh