C&P Reports and VBMS Access

[RBrogen]

Hi Everyone,

It's been a hot minute since I've been on but hope all are doing well.  I've been assisting a few vets with the claims process and I have a 75 y/o Vietnam vet how has a lot of scars secondary to heart operation that is currently service connected.  We filed for his scars back in May 2022, after multiple C&Ps, he got a decision on 12/23/2022 that service connected every scar with "0% rating - Final Decision Deferred".  When I was going throught the process, about 3-4 weeks after the C&P my report would be uploaded to myhealthvet.com Blue Button records.  This vet has can't seem to get the VA to upload anything to his account and he keeps getting bounced around and now was forced to file a FOIA for the C&P reports.  What a damn crock of crap forcing vets to damn near sue to get their own C&P reports.  Anyway, I digress, I had read that if we contact an accredited VSO who has access to the VBMS system that they could download and send him the C&P reports (obviously with the appropriate 21-22a completed).  I wanted to gut check the vast experience here to see if anyone else is; having the same issues getting records and/or have ever been able to get records from accredited VSO?

Thanks in advance,

Randy

[Mr cue]

27 minutes ago, RBrogen said:

f a determination on your request is not made within the applicable time
period and you have not agreed to a different response timetable, you may
file suit in federal court to pursue a response. If, however, the court
concludes that you have unreasonably refused to limit your request or to
accept an alternate timetable for response, the court

Smh so if they don't respond we got sue in federal court. Lol.

To get a copy of s medical record. From the VA .

I don think this is veteran friendly system anymore.

They got workman comp and ssi doctors doing comp exams. Now.

Yea things have really change 

 

 

 

[RBrogen]

30 minutes ago, Mr cue said:

Smh so if they don't respond we got sue in federal court. Lol.

To get a copy of s medical record. From the VA .

I don think this is veteran friendly system anymore.

They got workman comp and ssi doctors doing comp exams. Now.

Yea things have really change 

 

 

 

Yeah basically the local district court is a last resort ... I had gotten to that point with mine in 2019 but then found the FOIA Public Relations director and got my entire c-file in 1 week.

[RBrogen]

As an FYI - when I submitted my FOIA, they denie my claim incorrectly using FOIA Exemption 6 which protects from the release of sensitive information.  Unfortunatetly for them, I found the actual law on the DOJ website and promptly informed them that the part of the law they "left out" on my denial letter plainly stats that they could not invoke Exemption 6 for any information requested by the person in when the information pertained (e.g. me requesting my own information).

 

Treating Requesters Alike

A more subtle yet highly significant aspect of the Court's opinion in Reporters Committee is its pronouncement that a FOIA requester's identity can have "no bearing on the merits of his or her FOIA request." 109 S. Ct. at 1480. In so declaring, the Court made it unmistakably clear, once and for all, that agencies should treat all requesters alike in making FOIA disclosure decisions. The only exception to this, as the Court specifically noted, is that of course an agency should not withhold from a requester any information that implicates that requester's own interest only; making a disclosure to a "first-party" requester in such a circumstance "is consistent with . . . denying access to all other members of the general public." Id. Put more colloquially, an agency will not invoke an exemption to protect a requester from himself.

[RBrogen]

21 hours ago, Mr cue said:

I agree with that we need to start a petition on hadit about these contractor exams and not been able to get the results.

 

I would be the first to sign 

Here's the petition that I created on change.org to start.  Be sure to sign and share.

Here's a link to a petition that will be used in conjuntion with meetings with congressional leaders to show support for a law to require that the VA automatically provide veterans with the C&P results in a timely manner so that veterans can properly assess their options for appeal.

Change.Org Petition:  https://chng.it/bDh8TstdFk

Edited January 12, 2023 by RBrogen

[El Train]

I mean, why not send the C&P exam results with the decision letter?  They've reviewed the exam that led them to their decision, so they have it.  The clock starts ticking when the packet has been received via priority mail (the Veteran signed for it).  I've had decision packets not show up.  It happens.  Problem solved.

[broncovet]

Yes, BRogan.  Send your Vet to his VAMC "release of information office", with his ID, of course, and the date of the exam. Ask for that specific exam.  

I have done this multiple times, but not recently, and it always worked.  

You may be able to go in his behalf, "if" you have a written POA.  (Especially if he is elderly, and you choose to help him this way).  Or, just go with him.  

I never ceased to be amazed at how much you can accomplish "by simply asking" the right person.  And, the VAMC "release of information" office's job is to provide Veterans their medical records.  This is what you want.  

Dont do a FOIA or the other stuff until you have tried this first.  As I said, its simple, easy, and fast.  

If he does not know where that office is, in his hospital, simply ask someone.  At my VAMC there is a "volunteer office" where volunteers help Vets, among other things, find things in the hospital.  

"Ask" and ye shall receive.  At the VA its "Ask the right person".  Sometimes its hard to find out who that is, but this time, it should be easy peasey.  

Think about it.  You get an EKG at VA.  So the VA needs to send you outside for cardiologist.  That cardiologist may well want to see EKG's on you, and especially your EKG history, to tell if your EKG is normal "For YOU", but maybe not normal for everyone else.  (people are different, as are their medical needs).  

 

They need those records, and need them now!!!!

It could be life threatening.  The cardiologist may well need the medical information in your file to make informed decisions about your treatment.  

The VAMC needs to have this information available, and not in 8 months, either.  

VA's often dont have every service available at every VAMC.  They may or may not be able to do heart surgery, (mine does not).  

And, you need to be able to go in and get your medical records, pronto.  Or, perhaps, release those records electronically or otherwise, to a doctor of your choosing. 

Every hospital needs to have an office which manages medical records, and this includes VA. 

You have a right to your medical records, and this does not mean in 14 months. 

Remember, VBA (Veterans benefits Administration) and VAMC (Veterans medical) are different departments.  They cooperate, (supposedly) but the medical, in my opinion, can get your records much much faster.  

 

 

Edited January 12, 2023 by broncovet