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Need Medical Records For Deceased Veteran, Widow Remarried; Help.

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cowgirl

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  • HadIt.com Elder
cowgirl Grand Master

cowgirl

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ty

Edited by cowgirl

For my children, my God sent husband and my Hadit family of veterans, I carry on.

God Bless A m e r i c a, Her Veterans and their Families!

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  • HadIt.com Elder
Pete53 Grand Master

Pete53

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  • HadIt.com Elder
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Once a Veteran is dead anyone can get their medical records.

Veterans deserve real choice for their health care.

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Berta

Berta

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Pete -do you have a regulation or something for that? Is this a new reg?

I have known the Records Access officer here at the Bath VAMC for 18 years.And she knew Rod well since he worked there.

I had to send her Rod's death certificate in 1995 to obtain his medical records.

Three years ago I needed 3 better copies of 3 of his records.

I sent her the med records that had been cut off so they could not be read properly.

Even though I am well know all over this VAMC as Rods widow-and obviously in receipt of his whole med file-already-she required me to produce Letters of Administration and some other legal stuff to get the 3 better copies of what I had.

I am concerned that Terry appeared to get in trouble over incorrect advise so I sure hope you will give us the link regarding this.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Berta

Berta

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Cowgirl- NARA is very rigid on Surviving spouse and next of kin-military medical records.

If you request these records- you have to send an FOIA request and that may still not produce the records.You can appeal a denial if your request and they will consider the circumstances-

Veterans VA medical records are protected by the Privacy Acy 5,USC 552.

Release of these medical records requires obtaining them under the Privacy Act 5,USC 552.

"Once a Veteran is dead anyone can get their medical records"

Anyone can TRY to get them under FOIA or the Privacy Act- but they are not up for grabs to just "anyone".

The veterans, the surviving spouse and next of kin-in some cases not all-or in some cases an attorney- can obtain one's private medical records from the VA.

I am curious as to why you even would want your husband's military or VA records if you have remarried.

If a surviving spouse remarries and has established DIC eligibility

in some cases depending on the spouses age, the spouse can re-establish his/her rights to DIC.

Every DIC recipient like me got this info in a letter from VA when the new DIC regs came out:

"Continued DIC eligibility of a surviving spouse who remarried on or after his or her 57th birthday."

(38 U.S.C. §103(d)(2)(:D)

I would think the VA would release the veteran's med recs to a remarried spouse who falls with this reg criteria.

Otherwise I don't see why a remarried spouse of a vet would even need to go to the trouble of trying to get them.

And if you are trying to establish your eligibility to DIC under these regs in 38 USC 103- you dont need the med recs anyhow as the DIC has already been awarded.

All you need to do-if you fit into the very specific criteria in the above regulation- is send the VA a letter , asking for Reinstatement of DIC based on 38 USC 103, and tell them your new name, date of marriage and refer them to your birth certificate in their records, as your age is a factor in the reinstatement award of DIC to some spouses who formerly lost DIC benefits due to remarriage.

I posted this all before as to the actual criteria and it is available under search.

Men and women- FOIA regs mean anyone can try to get any type of info on anyone else under FOIA.

The Privacy Act makes sure however that-if they dont have the legal right to get this info- they won't.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Pete53 Grand Master

Pete53

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I can't prove it but I am pretty sure that if the divorced spouse of a deceased Veteran is filing for a claim such as DIC than they would be entitled to the Veterans records. In other words besides being next of kin a compelling reason such as a claim would allow the archives to release the records.

Veterans deserve real choice for their health care.

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Berta

Berta

Posted
Posted (edited)

"I can't prove it but I am pretty sure that if the divorced spouse of a deceased Veteran is filing for a claim such as DIC than they would be entitled to the Veterans records. In other words besides being next of kin a compelling reason such as a claim would allow the archives to release the records"

A divorced spouse is not next of kin- and NOT entitled to DIC.

Perhaps they can get records from VA under FOIA but the VA's definition of a spouse for DIC application- is the person who was married to and lived with the veteran at time of death.This is clearly spelled also by NVLSP in every VBM.

It is all in the DIC regs.

Next of kin is defined by the military regarding spouses the same way VA does:

https://www.hrc.army.mil/site/Active/TAGD/C...rces_terms.html

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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