I filed to have my service connection rating increased. I want to know if the VA can use the medical records from my provider, and will they request the records from my provider?

If you told them who the provider is I am sure that they will want to see them. Good Luck

I agree with Pete, and I would go one step further. I would get the copies myself and deliver them to the VA.
It has been proven on several occasions the VA often attempts to get records yet that attempt is not successful.
They are not bound by the duty to asist since it is not a record in the Governments posession.

You will also feel better doing it yourself since you know it was done.

J

Most definitely get those records and hand carry and date stamp them as well. Most doctors offices charge for copies of records and the VA wont pay 1 red cent! and make sure you keep copies for your self so if they loose your C-file "which is been known to happen as well" you have them ready for them...or if they accidentally fall in the shredder..Yog

Yes, as we have all said...copies for VA and you. Now you state records from your provider...is the VA your provider for your service connection? If so, do not rely on the VA to get anything, even their own medical records. Get copies of your VA medical records and annotate the parts that deal with your increase in benefits and submit them in the same way you would submit the records of a private provider. Remember that when you request an increase you also open your case for review of the original award. That is how some vets get these letters that state their disability is being decreased, instead of increased. When asking for an increase the medical records must show the documented evidence that a disability is increasing over the time since your last rating and that you are regularly being treated for your disability.

Thank you, this is helpful.

Thanks for all the good information, I will get on it today.

'The Corpsman'

Is 100 percent right. On my last claim for increase dumb me thought that they would at least look at the VA medical files they had. Nope they never reguested my VA medical recors. They know that a receive all of my care at the VA. Make sure you send that to them

Good luck,

Jim

this is the answer I was looking for. Thank you.

They can use your private medical records and they will request them. I get a copy of my med records each time I see any of my Dr.'s that way when they ask fro them I am one step ahead of them.

As a part of your duty to assist they will ask if you have any private records. You will sign a VA Form 21-4142. If you give them the records yourself, whatever you do, do not sign and send back the form. If you do, even though you have given them the records, they have to go back out to the doctor for the records. You save yourself a minimum 90days by getting the records and sending them yourself. DO NOT FILL OUT A 4142 IF YOU GIVE THEM THE RECORDS.

Thank you Sharon - when I signed my VCAA letter last week, I did not include the request for medical records, as they already had all his records and he has been dead for over 5 years. It made my heart sing to see your response validating my decision.

If they did NOT request your VA medical records how do they know if they need to increase the ratings or not?

Gulfvet, you are asking for the increase, you must prove that the new rating is justified. The VA does not have to do anything, in fact, the VA, more than likely, will do nothing to help your case along. Submit all your medical records that document your request for increase, private or VA. If you submit then you know they have everything.

there is no no need to request more - they already have everything since Dec 2007, and already have a signed records release from years gone past. If I did it wrong, I will hear about it from them, I guess.

This claim is for DIC, not pension. If they decide that he should have been granted SC in his previously denied claims in 1986, 1992, and 2000, I believe the VCAA letter would have addressed those issues. It did not.

I will get to wait another 5 or more years for those cued claims, when they get started.

In other words, C.Y.A.

Corpsman, I disagree with this part of your statement: "The VA does not have to do anything." I believe the court has previously ruled, in effect, that a claim for increase must be developed and that includes providing a current C&P.

pr

I do not disagree with your statement, but what an individual rater does may be far from any court decision. I am well aware of the "duty to assist". But that is not aways the case in real life. You are better to leave no stone unturned, even in the light of previous court decisions.

No C&P and nothing happens has been what I am used to seeing. Even the C&P does not guarantee a rating.

I filed to increase my rating, I requested for a physical exam but the regional office said that I don't need one, I only got a letter stating that I need to send in what ever I have to support my claim.

Okay! I was just pointing out that with a claim for increase the VA is required to do a new C&P. I understand that this can take "years" but failure is grounds for appeal. Thanks!

pr

PR is correct as usual. No C&P and no change.

Philip, I agree with your statement here, too. But I would ask, because I don't know, how long does one wait on the VA to schedule this C&P exam? Shouldn't the veteran request the C&P exam; and, if that is the case, how long should the veteran wait for the exam to be scheduled before doing something about it and what exactly does the veteran do about it when it hasn't been scheduled?

Sam

OK, after you receive the letter stating that you have 60 days to send everything in to support your claim for increase and you do send everything in, what happens after that?

When you receive the letter stating that you have 60 days to send everything in to support your claim for increase and you do, what happens after that?

First of all, only provide the names of a medical provider to the VA "if" and only if you believe the medical records support your claim. Obviously, you would never want to make the VA aware of medical treatment that could be obtained by the VA to use against you----detrimental to your claim. Example: Obtaining medical opinions (if opinion does not support your claim, forget it, do not tell the VA about it or the physician's name). Step#2: go to a different physician for an opinion until (hopefully) you find one who supports your contentions.

I even had a C&P exam for agent orange presumptive condition. They have to determine the degree of disability. I think, technically, every claim after the initial rating is considered a claim for an increase even if it is for different conditions. However, I did get one condition SC'ed as secondary without a C&P exam. When I asked for an increase in the secondary condition I got an exam. I think it is to a vet's advantage to get an exam.

I see several stories that people want to file a claim just because they need money to pay bills. I live close to an Army base and I know several veterans that NEVER served out of the U.S. and are at 70 or 80% service connected. I served in "Operation just cause" and in the Gulf war and I am at 0% SC. If anyone did not serve in a combat zone they should be happy if they get 10% sc and stop bitching. Many of us combat veterans are getting screwed, so stop your crying. I know that other veterans here feel the same way.

there should be no distinction between veterans....if injured while in the military,you should be service comped.

gulfvet-
a vet is a vet is a vet.

Gulfvet,

You posted,"I see several stories that
(1) people want to file a claim just because they need money to pay bills.

I live close to an Army base and (2) I know several veterans that NEVER served out of the U.S. and are at 70 or 80% service connected.

I served in "Operation just cause" and in the Gulf war and
(3) I am at 0% SC.

(4) If anyone did not serve in a combat zone they should be happy if they get 10% sc and stop bitching.

(5) Many of us combat veterans are getting screwed, so stop your crying.

(6) I know that other veterans here feel the same way."


My response:


If you came here to start a pissing contest or wanting to compare who has the biggest one swinging -- you are in the wrong place. A Vet is a Vet.

1)
Most veteran's do not file claims just because they need money to pay bills -they file claims inorder to be compensated for injury, illness or disease associated with their active duty service to the USA and/or secondary to a service connected condition.

2)
Serving on active duty ANYWHERE to include stateside,is a requirement to receiving service connected compensation.This is what makes a civilian a VETERAN.

3)
So you are stating you had an illness, injury or disease associate with your active duty service that the VA has adjudicated at service connected zero percent.
If you feel the disablility has become worse or increased since the prior adjudication,have you filed a request for increase and/or any additional disabilities ?

4)
Your welcome to your opinion - but obviously you do not know much about veteran's and/or Veteran's benefits.

Just to show how narrow minded you are thinking let me ask you - What about the Veteran that served stateside only,permanent party, Ft. Hood Texas, four fingers on right hand amputated by a fan blade while working on a deuce and a half.

With your thinking, they should be happy if they get 10% sc and stop bitching.

Or the lowly E-1 that was carrying file cabinets down stairs and wound up falling down the stairs because he couldn't see the steps -
he suffered a TBI and had to learn to walk and talk all over again,
he continues to have seizures for this.

With your thinking, they should be happy if they get 10% sc and stop bitching.

Or the service member that was raped on active duty in Georgia.

With your thinking, they should be happy if they get 10% sc and stop bitching.


5)
If it weren't for the Vietnam Veteran's that paved the way through their years of fighting the Congress, the Court's, and the VA,
your butt probably wouldn't have ever gotten any injury, illness or disease service connected even at zero percent.



(6)


You haven't been around here long enough to know squat --
if so you would know that all Veteran's are just that - Veteran's --
and entitled to All Veteran's Benefits, no matter where they served.


In my opinion - your thinking is very bitter and way off base.

carlie



http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3cb3ff223c29057f37b5610024cf0b83&rgn=div8&view=text&node=38:1.0.1.1.4.1.65.112&idno=38
§ 3.304 Direct service connection; wartime and peacetime.

(d) Combat.
Satisfactory lay or other evidence that an injury or disease was incurred or aggravated in combat will be accepted as sufficient proof of service connection if the evidence is consistent with the circumstances, conditions or hardships of such service even though there is no official record of such incurrence or aggravation.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=3cb3ff223c29057f37b5610024cf0b83&rgn=div8&view=text&node=38:1.0.1.1.4.1.65.121&idno=38
§ 3.313

Claims based on service in Vietnam.
(a)

Service in Vietnam.
Service in Vietnam includes service in the waters offshore, or service in other locations if the conditions of service involved duty or visitation in Vietnam.

(b)

Service connection based on service in Vietnam.
Service in Vietnam during the Vietnam Era together with the development of non-Hodgkin's lymphoma manifested subsequent to such service is sufficient to establish service connection for that disease.



http://www1.va.gov/GulfWar/

My word Gulfvet, arent we here for one another?

Yes, your claim questions matter and are valid, because you are a veteran. We are veterans or veteran family members.

I once had claim for sc approved without a c&p.

If I recall the vha handbook says something like 'if the veteran does not provide sufficient documentation to establish a claim for disability compensation, a medical examination may be provided.'? I dont recall exactly, but c&ps are usual sop.

As far as the 60 days, this may help explain http://veterans.ky.gov/NR/rdonlyres/52F467.../DHvNLetter.pdf

Then, your claim goes through standard steps and stages of determination. The timing depends on the office handling your claim. If you have a representative, you could ask for updates. But if you want documentation, Iris inquiries are fair to middlen as cya.

Just wish the best for you, no offense, but we all need help, some more than others, myself included. Life is tough, but hang in there, Fridays coming!

Cg'up2009!

Combat veterans have my utmost respect, However I believe it takes 7 other veterans to support 1 combat veteran. Take the support away and you are sure to fail your mission. Have a patience, you are going to need it if you deal with the va.

Last month, I took my wife to Walgreens and I waited for her in the car. Some guy parked behind me and I noticed that he had Desable Vet plates, He must been no more than 30 years old. Anyway, when he got out of his car he was limping real bad and he had an expression of pain. A few minutes later he came out of Walgreens walking normal and with a smile, so this guy was faking it or I want some of the medecine that he got.

Don't judge all disabled vets by one person. I have disability plates because I'm 100% IU due to PTSD.....but I don't park in handicapped spots because of my PTSD. I also have cardiology issues and if I'm not feeling well, I will park close.
Some states just issues those plates to all 100% disabled vets no matter the disability---it's up to the vet to properly utilize the plate as to whether they truly need to parking spot or not.

Gulfvet,
This is a second request for you to not come here to start a pissing contest.

You posted,

"Some guy parked behind me and I noticed that he had Desable Vet plates,

DO you know if he was the owner of this vehicle ?

He must been no more than 30 years old.

Do you feel that only people older than 30 years old can be disabled ?

Anyway, when he got out of his car he was limping real bad and he had an expression of pain.

Do you know, if while that veteran you referred to was sitting in his car
he was wearing a tens unit and turned it on for a while.
Do you realize it is possible that while he sat in the car and then went into the Walgreen's this tens unit could have been working on his muscle's to relax them. Do you know if when he went into the Walgreen's if he got his RX'd Fenetol Pain Patch and put it on?

A few minutes later he came out of Walgreens walking normal and with a smile, so this guy was faking it or I want some of the medecine that he got."

Are you a doctor.
I feel that if you are not a doctor you have no grounds to diagnosis
if this person was faking it or not.
Do you realize that most people that are in pain try to put on a stronger
face in public,that nothing is wrong with them.

I request once again - if you come here to continue putting down veteran's when you have no personal knowledge of their specific situation and/or
medical conditions then stop putting them down.
Your generalized statements are not appreciated here.

If you have claims questions or would like to add some factual information to help veterans and/or VA claimant's, we welcome those posts.

carlie

Gulfvet, If all you want to do is complain and put down veterans then I suggest you take your proplem to another web site. This site is decicated to veterans helping veterans, not degrading them. Your post make me wonder if you are a true veteran or a wanabe.

Gulf Vet, thank you for your service.
Combat Vets have been through hell and I hope you get it lined out.

Not withstanding the issue of insults to other vets.
Did you not volunteer for service.

You are a victim of the clock as the dates you served included a stint of combat.

Be thankful you are your age and you were not sent a letter from the Draft Board ordering you to report even if against your will like some of our VietNam Vets here.

If a Vet has suffered an injury he or she is entitled to receive the benefits set by law. It does not separate combat from non combat.

Lose the attitude. Your actions are as such you think you are the only Vet.

In reality you are hurting no one but yourself.

J

gulf, what sc are you requesting an increase for? Sure hope you're getting care for your condition.I got to thinking I had an increase without a c&p because it was in my VA medical records. As a thought, I guess you could call the c&p department to see if you are scheduled. or maybe check with a vso.

hey, I just checked to see if the VA recognized the 'cold war' as a 'period of war' for their benefits eligibility. Nope. doesn't recognize Grenada either. My ole 214 I got for retirement here only lists Gulf War, but I've been thinking it should list Cold War, Grenada, etc. Still got kiddos under the roof, well maybe I ain't so old, hm.

Best to ya,
Cg'up2009!

PTSDhttp://www.hadit.com/forums/index.php?showforum=76

I think that's enough. Gulfvet obviously isn't a vet at all and is just here to cause trouble.
Maybe it's time to shut this down???

Gulfvet,
Are you responding to cowgirl that the SC you are requesting an increase for is PTSD?

Any special reason you posted a link to all of Hadit's PTSD post's ?

carlie

Yes, I am responding to cowgirl. No reason.

Gulf WAR Vet,

Maybe that is cool to post a link a major sub section on this board that a lot of members of this board suffer from -- to include their family members! What was your point? It had nothing to do with what ever point your were trying to make as a Vet and adult.

One when reading this thread may assume that you get a rush at picking fights with Vets and their family members on this board – no one on this freakin board created this system we are dealing with. You can blame the politicians, but not the Vets!

Like Purple said and others a Vet is a Vet is a Vet and there is even more injustice to veterans who when they were serving on AD where injured by they very people they swore to protect! You know that got your back and got your 6 stuff.

If you don’t like the system then start a group to address it. But this is npot the purpose of this WEBSITE which is free for us to you by T-Bird.

People here have been very respectful to you, but I find your posts as part of the problem. BTW, I won’t get into a pissing contest of who is the biggest bad ass in all of the armed forces or this board regardless of weather it’s in the Cold War, or in the RVN, Granada, GW1, Solomia, Panama, EDF, OEF, and a 100 other places and thing most people don't know about, etc.

I am sure you know this, the people that make up this thing of laws that have to deal with the CFR’s, and Title 10, etc are in DC. These people vote for their own pay raises each year, have their own retirement and health care system! I am pissed at them, are you?

I know who I am pissed at and it AINT no Vet or family member who served.

PS: Less than 10% of any congress person or senator served in the armed forces including the last several POTUS.

Finally, Thank You for YOUR service!

I don't understand how you can go from asking for help from the people on this site to critisizing the very same people. It really is not your business what that person did as it did not affect you, other than to bring out your jelousy at what he has and what you don't. There is a lot to learn on this web site use it to your advantage and stop venting your personal issues. I am not trying to start a fight but I hope you take to heart the responses you have brought upon yourself.

Respectfully,
Bergie

They NEED to have all of your records from any providers you have been treated by. Any therapies, treatments, medication, any adaptive equipment, any labs, xrays, mri, ct scans,mobility decreases,etc. If you are seeking an increase the evidence basically needs to show a decline or progression of your status. The VA usually requests the records but also send you a letter that they are requestiong the copies but it is also your responsibility to seek these out.
If you had a job and have had decreased performance, or lost a job related to your disabilities worsening, this to must be addressed, esp with a dr stating these conditions have regressed and your condition/function has decreased and "you are more likely than not able to do"...(state specifics here)
The evidence basically needs to be undisputable as much as possible.
The fact of having physicians with a background in your disability will be to your advantage too. They can write specifics related to your conditions and having majored in this disab. will also be a plus for you. But remember the VARO is sneaky, so try and gather all/everything you can that shows the condition has indeed deteriorated. And pray.

gulfvet

what carlie said,

tbird

True, I have days where I am feeling well, and look fine. Then other days, I can barely walk.

FYI (sorry it is a little late)

If you fill out form VA Form 21-4142, the VA will send 1st request (30 days), 2nd request (30 days), and 3 request (30 days) for outside records . After the 3rd request the VA will stop the search. I was told that the search was exhausted. Sharon is right.

After waiting for 4 months and finding the VA was still waiting, I decided to get the records myself and send them. It took only one day for me to give the FOIA to Kaiser Permanente hospital. I did it over the phone with Kaiser medical records department (faxed FOIA). One copy went to the VA and one Copy came to me.

These records showed a continuity of symptoms and treatment for 30 years. I asked the Kaiser records if there were any request for my records, from the VA, and she said none at all.

All I have is what I did and what I learned. Take it or leave it. This will explain why everyone is saying do it yourself. I hope this will help you Gulfvet.

Thank you Stretch, a little late yes, but still good and usefull information. I only received 2 requests. I was able to get my service medical records before the second request. Thanks