SSDI Denial--Outdated Records

Wally3430

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Figured it would be helpful to share this info.

- In June 2018, I retained the services of a disability attorney and applied for SSDI. He requested and received "all" my medical records from the VA and elsewhere. SSDI denied. Appeal was denied. Now we go before the judge for it in December.

SSA based their denial decision based partly on my VA C&P exam from early 2016. But, I had another C&P done in early 2018 and the results of that triggered me to apply for SSDI---BUT THAT EXAM WASN'T INCLUDED IN WHAT SSA USED TO BASE THEIR DENIAL ON! So basically, I was denied SSDI because of old information.

Now, I've learned that there're different "levels" of VA records accessibility. The veteran has the least visibility of their own records. A VSO has a bit more visibility. But, I've found that the regional VSO office has even MORE visibility! So, I just go straight to them. Ebenefits is a joke, local VSO is slow and restricted, so I just go straight to the regional folks. They can literally pull up my entire record with a couple mouse clicks. I asked "why doesn't every member have this level of access to THEIR OWN RECORD on ebenefits?" No answer. I asked "Why doesn't the local VSO have this access?" No answer. But I digress, the regional person was able to do a FOIA request on my behalf since I'm a VFW member and take care of that. I asked her "Why wasn't this CRUCIAL information included when my attorney requested my VA record?" She didn't know. However, I've been told by a VA person that "all your medical records are VA property" and that when requesting your entire VA medical record from a local VA hospital it doesn't mean you'll get THE ENTIRE RECORD. This person said that some information is kept at a regional VA center (like for ratings decisions) and you'd have to do a FOIA with the regional center as well and the local VA to get THE ACTUAL ENTIRE RECORD. How the hell would one know to do that?! I don't know how accurate that info is, but it wouldn't surprise me.

It amazes me the BS games one has to play to get thru this VA system. I find it amazingly difficult to find ANYONE who really has a good handle on how to address these issues. You have to dig, scratch, beg, and flirt to get shit done I found.

Tips -

1) Allow yourself plenty of time for either you or your attorney to get your records. PLENTY of time (like months)
2) Go thru your records with your attorney once they have them to ENSURE they have EVERYTHING they need.
3) In general, I've found the VSO reps that I've worked with to be borderline unhelpful. I'm usually treated like an idiot and their processes are 20th century slow. The most useful piece of information I've received from a VSO rep is the number to their regional rep (who has far greater record access). Additionally, based on going thru the MEB/PEB/TDRL/PDRL/VA C&P exams/SSDI, and thanks to months of research on PEB FORUM, I'm comfortable saying I know MUCH more than my local VSO reps about the VA claims/ratings processes. That all said, I don't blame them, I blame the system.
 
Good to know. Thanks for sharing. Sounds wrong (not you, the system). Patients should be able to get a complete copy of their own medical records.
 
Update

Two amazing things happened at the same time today.

1) I received my "complete" VA record in the mail from the local VA hospital. It's amazing because I actually put in a FOIA request YESTERDAY morning at the hospital.
2) It's also amazing because it doesn't contain A FRACTION of what is actually in my entire VA medical file.

So this kinda confirmed what I thought already: Going to your local VA center and requesting all your records only means you get the records that THAT SPECIFIC VA LOCATION HAS. Maybe this is common knowledge to most in the VA system, but I find this to be crazy. In order to get 100% of my VA medical records, it looks like it must come from the regional center. Amazing.
 
That is absolutely correct. Unfortunately with CPRS (the VA EMR), it is local to the institution that you are assigned to. Regional VSO is a great work around.
 
Figured it would be helpful to share this info.

- In June 2018, I retained the services of a disability attorney and applied for SSDI. He requested and received "all" my medical records from the VA and elsewhere. SSDI denied. Appeal was denied. Now we go before the judge for it in December.

SSA based their denial decision based partly on my VA C&P exam from early 2016. But, I had another C&P done in early 2018 and the results of that triggered me to apply for SSDI---BUT THAT EXAM WASN'T INCLUDED IN WHAT SSA USED TO BASE THEIR DENIAL ON! So basically, I was denied SSDI because of old information.

Now, I've learned that there're different "levels" of VA records accessibility. The veteran has the least visibility of their own records. A VSO has a bit more visibility. But, I've found that the regional VSO office has even MORE visibility! So, I just go straight to them. Ebenefits is a joke, local VSO is slow and restricted, so I just go straight to the regional folks. They can literally pull up my entire record with a couple mouse clicks. I asked "why doesn't every member have this level of access to THEIR OWN RECORD on ebenefits?" No answer. I asked "Why doesn't the local VSO have this access?" No answer. But I digress, the regional person was able to do a FOIA request on my behalf since I'm a VFW member and take care of that. I asked her "Why wasn't this CRUCIAL information included when my attorney requested my VA record?" She didn't know. However, I've been told by a VA person that "all your medical records are VA property" and that when requesting your entire VA medical record from a local VA hospital it doesn't mean you'll get THE ENTIRE RECORD. This person said that some information is kept at a regional VA center (like for ratings decisions) and you'd have to do a FOIA with the regional center as well and the local VA to get THE ACTUAL ENTIRE RECORD. How the hell would one know to do that?! I don't know how accurate that info is, but it wouldn't surprise me.

It amazes me the BS games one has to play to get thru this VA system. I find it amazingly difficult to find ANYONE who really has a good handle on how to address these issues. You have to dig, scratch, beg, and flirt to get shit done I found.

Tips -

1) Allow yourself plenty of time for either you or your attorney to get your records. PLENTY of time (like months)
2) Go thru your records with your attorney once they have them to ENSURE they have EVERYTHING they need.
3) In general, I've found the VSO reps that I've worked with to be borderline unhelpful. I'm usually treated like an idiot and their processes are 20th century slow. The most useful piece of information I've received from a VSO rep is the number to their regional rep (who has far greater record access). Additionally, based on going thru the MEB/PEB/TDRL/PDRL/VA C&P exams/SSDI, and thanks to months of research on PEB FORUM, I'm comfortable saying I know MUCH more than my local VSO reps about the VA claims/ratings processes. That all said, I don't blame them, I blame the system.
Good Morning Wally: You are absolutely correct the system is flawed with incompetent workers that know they still get paid to not do their JOBS. Just like you I am learning more and more as I fight my friendly enemies DoD, SSDI, I won my case with VA thank God in 2017, but their should be a regulation or book handed to all military service members once they deploy to a Combat Zone on what to do if injuries occurs to reduce the frustration and suicide levels. The way these system are designed is to force you to give up, hire an attorney to pay 33% of pay when case should have been approved the 1st or 2nd time, or drop dead from fighting them year after year.
 
Unless you open an ebenfits claim requesting your C-File from the RO you will receive only partial records everywhere else. The fact that bluebutton gives doctors the option to hide information in your medical file is just an incredibly unethical rule IMO.
 
Good Morning Wally: You are absolutely correct the system is flawed with incompetent workers that know they still get paid to not do their JOBS. Just like you I am learning more and more as I fight my friendly enemies DoD, SSDI, I won my case with VA thank God in 2017, but their should be a regulation or book handed to all military service members once they deploy to a Combat Zone on what to do if injuries occurs to reduce the frustration and suicide levels. The way these system are designed is to force you to give up, hire an attorney to pay 33% of pay when case should have been approved the 1st or 2nd time, or drop dead from fighting them year after year.

That's a good point about informing deploying service members on what to do if an injury is sustained. We never received any kind of instruction on that topic ever. In my case, absolutely nothing different was done when we received regular IDF or we employed weapons..just another day at the office. I had to get letters written long after the fact by superiors. Not ideal.
 
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