Physical Evaluation Board Forum

Hello all! I need help finding an Army reg that I do not think exists. Hubby is being permanently medically retired. Last working day is July 26, then Permissive TDY and leave to retirement date on September 26. Fort Lee is telling us that upon Sept. 26, Army reg's state that his official Army medical record has to sit in the retirement offfice at Fort Lee for thirty days before the Army can send it to the VA office. HOWEVER, Portsmouth (which I know is Navy) has a Commonwealth of Virginia Department of Veterans' Services office located at the hospital where Hubby does all his care. They have been spot on the regs so far, and they (ports.) have helped fill out all Hubby's paperwork. They say they need the official service medical and dental records. They say Fort Lee can release them now to the office at PNMC, then they would only have to attach his DD214 on July 26. The vets' office supplied us with the memo that they give to the local separtations offices for the 2 CG stations, 6 Navy stations, and Fort Monroe (golly gee, an Army facility.) Fort Lee told us that Army reg's prohibit this and the records have to be sent to VA from Fort Lee 30 days after his official retirement date, in other words October 26. The paperwork, whether from PNMC or Fort Lee, all goes to the Roanoke, VA, office. Is this a true Army reg or is Fort Lee just full of crap? If it is a real Army reg, how is Fort Monroe sending their soldier's stuff off? If we have to wait until this Oct. date, which it looks like will happen becuase Ft. Lee says they aren't letting any "official" copy go, why are we having a three month delay over the people only 60 miles away? It just makes me feel like this process takes forever anyway and now Ft. Lee is just adding days because they want to make life difficult. Anybody have a clue what's going on?
Thanks

Make several copies of his medical records. Apply now for VA benefits under the Benefits Delivered at Discharge (BDD) program and submit a copy of his medical records with that application.

Mike

I am having just about the same trouble. I went to the VA office, and was told that I would not be able to apply for benefits untill I have a DD214 or seperation orders. I was on orders last year, but I did not get a DD214(I was at my MOS school for the VA NG). Is there a way to get around this? I was told that I could still apply for benefits even though I have not been released from the guard.

Mike and OneFavor,
VA at Portsmouth NMC says they need the official record, but that they can get started with the copies. PNMC says that they get the official records from all facilities listed all the time without any problem. PNMC's Virginia Veterans office at the hospital says they don't understand what Fort Lee is talking about. How are we supposed to get BDD if Fort Lee won't even send his official records and his claim to the VA until one month after discharge. PNMC said that they would file the claim now with a copy of our records, but that VA would not make any decisions without the official record which they won't get for another 3 months. Was the purpose of the BDD program if the Army won't release his records to VA until a month after his out date? We were told there was a six to nine month backlog at VA anyway and now we have to wait another 3 months because the Army won't release the records. Is this really an Army reg? And another question, the official medical records sit in the retirement office on base, not at the clinic, for a month after discharge. How is this not a HIPAA (medical privacy) violation. None of the people there are trained medical professionals or treating him for anything; they're just bureaucrats. Why should they have access to my husband's private medical information?
Thanks for the help!

This is what I have found,

4. THE TRANSITION CENTER (TC) WILL FORWARD ALL SEPARATING SOLDIERS' HEALTH RECORDS TO THE VETERAN AFFAIRS (VA) (VA RECORDS MANAGEMENT CENTER OR THE APPROPRIATE VA REGIONAL OFFICE) NO LATER THAN FIVE (5) WORKING DAYS AFTER THE SOLDIER'S TRANSTION DATE. FOR TRACKING PURPOSES, THE DA FORM 200 (TRANSMITTAL RECORD) WILL BE USED, AND WILL INCLUDE:

A. SOLDIER'S NAME AND SOCIAL SECURITY NUMBER (SSN),

B. LATEST SEPARATION DATE

C. THE TC THAT SHIPPED THE HEALTH RECORDS.

5. THE HEALTH RECORD WILL INCLUDE:

A. ENTRANCE PHYSICAL EXAMINATION,

B. SEPARATION/DISCHARGE/RETIREMENT PHYSICAL EXAMINATION,

C. PHYSICAL EXAMINATION WAIVERS, IF APPLICABLE.

D. DENTAL RECORDS, TO INCLUDE PANOGRAPH,

E. A LEGIBLE PHOTOSTATIC COPY OF THE SOLDIER'S DD FORM 214.(CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY), COPY 3. (THIS IS A SEPARATE AND DISTINCT COPY FROM THE COPY 3 THAT IS SENT TOTHE VA IN AUSTIN, TEXAS.)

F. VA FORM 21-526 (VA COMPENSATION CLAIM) IF SOLDIER IS FILING A CLAIM.

I filed with the VA under the BDD in April of 2006 with a copy of my medical records. I had a C&P exam in August of 2006. I retired on 1 October 2006 and received my rating in December of 2006. I am sure my actual records got forwarded to the VA after I retired but the ball got rolling with a copy.

Mike

Mike

Do you know if that applies to NG as well. The young lady at the VA asked why I did not have a DD214 from coming off of training. I was ADT ffrom FEB 24-MAR 24 for school. Should I have received one. My unit says that I would not have received one for that?

Thanks in advance

OneFavor

Messages for two people
RikersIsland1,
Can you tell me where you found that info? I would love to know and I'm short on time this week. Also, Hubby's already called today and said the PEBLO said his claim couldn't be a BDD because Fort Lee didn't start it even though we are still in that 180-60 day window. I've called Portsmouth and they say Fort Lee is full of crap, and he should have beeen automatically started at Fort Lee as soon as the IPEB findings came back and he accepted. Any advice???

Mike,
Are you in southeastern VA? If you are I would suggest you take as much information as you have and go to Portsmouth. I would suggest making an appt (mornings only, afternoons are walkins). The ladies there spent two hours the first time with Hubby and another 2 hours this week. They documented EVERYTHING they could find in his record and put the codes on it. When we complained that Fort Lee wouldn't release the record, they called and sent the memo they have. They sent our claim off anyway as soon as they got a retirement date, and said the R office at Fort Lee should attach a note on the front of his packet when they send it off, that it is already beginning the process so they don't start a duplicate claim. You don't have to be at PNMC or in their "sphere of Tricare influence" to go to the office, they are a Commonwealth of Virginia office. From everything I'm reading here, they know their stuff.

(2) Release from active duty for training, full-time training duty,
or active duty for special work. Personnel being separated from a period
of active duty for training, full-time training duty, or active duty for
special work will be furnished a DD Form 214 when they have served 90
days or more, or when required by the Secretary concerned for shorter
periods. Personnel shall be furnished a DD Form 214 upon separation for
cause or for physical disability regardless of the length of time served
on active duty.