Medical Records Post-C&P Exams?

[18Blade]

This is more of a general question, but since the medical records in question are specific to mental health, figured this was as good a spot as any.

Basically, it's taking forever to get a copy of my most recent records from my civilian Psychiatrists office. It's been over a month since I requested them and they keep giving me the run-around.

Anyways, I'm still active duty, retirement is in May, and all of my mental health stuff is well-documented. I submitted my BDD claim back on December 2nd, and I've already completed my mental health C&P exam.

What I'm trying to determine, is how important are the most up-to-date records in this scenario? Do the VA raters still go in and tear apart your record after the C&P examiner already did and wrote up the DBQ? My VA file already has records from my Psychiatrist, but they only go through May of 2024. I've requested everything between May and now...that's what I'm still waiting for. It's really going to be a problem if my claim gets low-balled or even denied because the rater doesn't have anything since May, especially since I already had the C&P exam.

Any insight on this is greatly appreciated!

Shaun

 

[chaplaincharlie]

1. Your medical records request should be timely fulfilled.
Under the HIPAA Privacy Rule, a covered entity must act on an individual’s request for access no later than 30 calendar days after receipt of the request. If the covered entity is not able to act within this timeframe, the entity may have up to an additional 30 calendar days, as long as it provides the individual – within that initial 30-day period – with a written statement of the reasons for the delay and the date by which the entity will complete its action on the request. See 45 CFR 164.524(b)(2).


2. The MH exam doesn’t require every record be present, unless there is unique information in the records not on file with the VA.

 

[18Blade]

1. Your medical records request should be timely fulfilled.
Under the HIPAA Privacy Rule, a covered entity must act on an individual’s request for access no later than 30 calendar days after receipt of the request. If the covered entity is not able to act within this timeframe, the entity may have up to an additional 30 calendar days, as long as it provides the individual – within that initial 30-day period – with a written statement of the reasons for the delay and the date by which the entity will complete its action on the request. See 45 CFR 164.524(b)(2).


2. The MH exam doesn’t require every record be present, unless there is unique information in the records not on file with the VA.

Hi Charlie,

All great info, thank you!

The records in question don’t have any additional information, they are just to show continuation of care. I don’t want it to look like I stopped treatment back in May, when I’ve been seeing the Doc since then.

Shaun