Bva Case Psychiatric Records Destroyed After 5 Years

[Josephine]

Hi,

I read this on one of the BVA cases. This is something that I didn't know. What do you all know about it?

http://www.va.gov/vetapp06/files3/0619822.txt

Citation Nr: 0619822

Decision Date: 07/07/06 Archive Date: 07/13/06

DOCKET NO. 05-35 363 ) DATE

)

)

On appeal from the

Department of Veterans Affairs Regional Office in St.

Petersburg, Florida

However, the SMRs do not include mental health records, such as psychological

evaluations and other mental health consultations.

Such records are normally retained by the facility that created the record for 5 years before the records are destroyed.

While the mental health records concerning the veteran may have been destroyed, a request to obtain these records must be made.

Is this why the VA was so shocked that my " Psychiatric Consultations" were at the NARA, and I acquired them some 42 years later.

Josephine

[free_spirit_etc]

I think psychiatric records are treated different in many ways -- Maybe because they think they are more personal.

But some insurance forms for release of medical records don't cover psychiatric notes.

And when my husband went to the VA hospital to get his records and we asked if that was ALL of them -- they admitted they didn't include the pysch exam -- becuase they don't usually give those out because they can upset people.

He asked for a copy of his -- but they had to read it first to see if it had anything in it that might upset him.

So where psych records are concerned - they seem to have a tendency to want to "protect" us from ourselves.

I was reading where sometimes the VA doesn't have to put certain things in your statement of claim if they think it might "harm" you -- again the psychiatric stuff. I think they have to list it - but not in the copy they give you.

Kind of like when they didn't used to tell people they were sick or dying -- to "protect" them.

And I guess they can still get by with it with psychiatric stuff because if you resist they just take it is more proof that you can't handle it.

Kind of a catch 22.

Free

Why is the duty station destroying psychiatric records after keeping them for 5 years at the duty station. The BVA speaks as this is common practice to do this. Why aren't the psychiatric records placed in the veterans claims file at the archives? This guy will never locate those records. If it took me 40 years to acquire mine after the VA denying them being there. Something doesn't add up!

For claims of anxiety or depression, the veteran does not have to prove a stressor, only PTSD. I imagine, this is why he changed his claim from PTSD to Depression.

I was told over and over by the VA that I didn't have any psychiatric records, but when I hand wrote a letter to the archives of what I specifically wanted, the technician located them for me.

This is not right.

Josephine

[free_spirit_etc]

It would seem like they would have to have your consent to destroy your records --and give you the option of having them released to you.

I ran across something interesting looking for my husband's service number. He was stationed up in some Radar facility -- on the Canadian Border for awhile. I don't think the base is still there. Well --it wasn't even a base - it was a station.

Anyway - he has travel vouchers --to go to the doctor / hospital - because there was no medical facilities avalible there (i think they were about 60 miles away from anything).

But anyway -- all those times they said Your SMRs didn't show -- and dang! He was stationed at a place that couldn't even do anything medical -- he had to get a travel voucher to go to the doctor.

Free

Josephine:

I am glad that you found your records. I really don't see how the VA has any business destroying Veterans records for any reason.

[Josephine]

I think that it is a disgrace to destroy the psychiatric records as most veterans with PTSD do not know immediately that they are suffering from it and then when they tell the VA that they saw a certain doctor, there is no records to back up what they are saying.

I have read so many cases as this during my research of BVA cases.

As you said it is a catch 22. Without the proof, there is no claim.

Take Care,

Josephine

[Berta]

Records-

I was stunned at the amount of VA records that the SSA had on Rod-

Newark VAMC where he was initially diagnosed and treated with PTSD wrote to me ,after his death,that they had no records on him at all.

But SSA had the whole stack from Newark.

They even had all of his Navy records as well as those from USMC.

SMRs and military personnel can often be found at SSA offices.The office where the initial SSA claim is filed often retains the records right there-

It is one more way to get copies of records that VA says they dont have or cannot get.If the veteran was getting SSA for disability.

I couldn't believe the stuff they had-

[Berta]

"For claims of anxiety or depression, the veteran does not have to prove a stressor, only PTSD. I imagine, this is why he changed his claim from PTSD to Depression."

This is not accurate-

a veteran claiming any mental illness due to service has to prove the Nexus, etiology, reason, cause ---whatever- for why they have the mental disorder.

A friend of mine waited 12 years to get award for manic bi polar-

it took that long for him to prove the nexus to his service.

A vet I know with depression is still trying to prove the event that he claims claused his inservice depression- the claim has continually been deied.

"stressor" is only one way of saying "cause", etiology,event, reason whatever-

An inservice rape victim could file a claim for inservice rape with resulting anxiety and never mention the word "stressor"

They need to prove the rape more than likely occurred.

If what you stated was true- NO vet would claim PTSD -they would just claim anxiety or depression-

The Nexus factor- without the receipt of Purple Heart or combat awards-

for everyone else attempting claim of mential disorder to service-

is the most critical factor -along with current diagnosis and treatment records - to succeed in service connected award.

This is why -if a vet needs a buddy statement as the only way to verify a stressor or an event , reason, cause of their disability-

they need a buddy statement that is a detailed eye witness account.

From a vet who was at same time and place of stressor(event , rape, accident, deaths of others, reason, etiology, nexus) when it occurred.

[Josephine]

Berta,

If your friend was under the care by a physician for his depression in service and with medication in their record this should prove his nexus. As you have stated several times, he may need an IMO to bring this forward.

To my knowledge PTSD was not recognized until 1980. Please correct me if I am incorrect.

Is it possible for you to send me the link to the code of regulations for this.

My large computer is with the movers and I am using my granddaughters lap top and shall continue to for about the next 3 months.

If anyone else reads this, I am having a difficult time locating the BVA Cases.

I am a bit lost.

Thanks,

Josephine