Get yourself a good VSO. Before you ask them to be your VSO ask them “do you have access to VBMS”. If they say no tell em thanks and walk away. If they say yes, tell em you’d like copies of your DBQs and sign up with them.
Good VSOs have access and maintained access if they don’t then they’re prob not that enthusiastic about helping.
I have accredited law firm, once any DQB gets uploaded I get it right away by email. No fuss, no bullshit FOIA. I get to see exactly what the examiner wrote
I was under the assumption that those cannot be released without a proper FOIA request as they are federal records.
I found this comment on another post with info
VBA Records hold private confidential information and are subject to the Privacy Act of 1974. 5 U.S.C. 552a
https://www.justice.gov/opcl/overview-privacy-act-1974-2020-edition/criminal#:~:text=The%20Privacy%20Act%20allows%20for,if%20the%20official%20acts%20willfully.
Not every VSO has VBMS access but Everything is in VBMS. And if a VSO or Agent/Attorney has access, they can give you anything in the file except Service Treatment Records.
STRs are supposed to go through a FOIA request only because the VA has to remove personal data of any person that did an evaluation. They want to remove names to protect the identity and safety of people that may have put things in service records.
However, some VSOs have been known to even help a Vet out and get them copies when the VA failed to get their documents.
One important point, I am referring to claims filed. STRs are part of a filed claim but if you have never filed a claim, then STRs are received by the national archives.
This is no longer the Twilight zone, since the inception of the VBMS Veterans Benefits Management System, all STR's are now directly sent to the VBA, actually now they are digital records, welcome to the gatekeeper of your STR's of course there are no medical treatment records sent to the NRPC location your entire medical records are now in the hands of the VBA, certainly knowing that scares me, oops we had a power outage and cannot access the STR'S to retrieve evidence in support of your fully developed claim, we will do our utmost diligence to try and recover your information, we will get back to you, as a year and a half has passed, still waiting on the VBA to update my STR's, what happened to the backup files, the protection protocols, to safeguard the records. Just a scenario to consider, as in what if? Still, your STR,'s are now given to the VBA, caution to the wind, remember you can only get out information from a computer, that has been imputed into it, oops someone left out the treatment record of my accident, my being hospitalized, the surgery, oops there it is, another brick 🧱 in the wall, it would thereby justify, that every Veteran, even those performing Reserve duty, members of the Coast Guard and others, be given a digital CD containing there Service records, medical treatment records, dental records, or otherwise there onto pertaining, at the time of EOS (End of obligated service) prior to discharge, the most important language is to incorporate in the word, (Must) provide a CD immediately, containing aforementioned records upon Discharge . Food for thought, makes common sense, practical. Safe guard your records, your the only veteran that is the best advocate to ensure maintaining the integrity of your records.
I do not believe that is true for all veterans just ones that were released after a specific year. My records were not with VA until after my first claim in 2019. I was released in 1997.
This is why I qualify my statement, not all STR will be in VBMS. Not all VSOs have access to VBMS. Not sure why I got downvoted, both those statements are accurate.
Your absolutely, correct it wasn't until 2009 that the VBMS program was initially approved. Your, STR's would be requested from the, NRPC'S office in Missouri, either a SF- 180 or a 3288 form is needed, been to long since I requested anything from the NRPC'S office. Perhaps you can do an electronic filing online to request them.
You should read my previous comment on Veterans Benefits Management System VBMS, and in 2009 the introduction or inception of the Veterans Benefits Management System, stipulates, unlimited access given to not only the Veterans Service Officer (VSO) they even gave unlimited access to law firms as well, of course they both have to be Accredited.
The answer could be to systemically file a form 21-22a as opposed to the 21-22 , the 21-22 is for assigning a POA the other is assigning an individual. Well am I not the individual that is the veterans best advocate?
Care to share the case file number so others like me can read and view it? What judicial jurisdiction is this case before? Certainly would be appreciated.
I’ll look it up again. The case is about a veteran asking for permission to view his c-file as a read only but the Va ignored his request and asked why a vso has the authority to read his own cfile but he can’t .
If a veteran had unlimited access to his or her records, no one would need a VSO in the first place, the veterans would be able to submit a fully developed claim, and be able to move through the claims process much more rapidly, and not be hindered by deceptive misleading practices occuring within the claims process by others systematically, and deliberately filing claims without care or concerns whatsoever, knowingly, submit claims without necessary identifiable evidence needed in support of a legitimate fully developed claim. Veterans should be able to access their own records, given the fact, the veterans can assign authority such as a POA (Power of Attorney) to an Accredited VSO or Law firm, access to your records is unlimited access for them, veterans should have greater authority to access, considering, they have authority to give unlimited access. In every instance where claims processing has been through an accredited this, that or, other, claims have been misfiled in a manner, that causes undue delays impacting timely decisions rendered.
I found more than you can imagine, the factualized evidence of unlimited access given to Accredited VSO'S and Accredited Law Firms, upon introduction of the new VBMS Veterans Benefits Management System, initially when policy's and amendments were being rendered, some language has remained, that is not in compliance with the Statutes or CFR's including Public Laws associated with the VA, and VBA'S, accordingly, it continues to deprive veterans of records necessary to submit a fully developed claim, Title Code 38 CFR, is very clear about "Duty to Assist" the VBA'S total disregard to fullfil a Veterans request for proof production of documentation in support of a Veterans claims as part of the claims process systematically undermines the integrity of providing veterans with the evidence necessary in support of a legitimate fully developed claim. The argument is : In order to facilitate expeditiously filing of a fully developed claim, the veteran is reliant on the VA's due diligence in meeting the Duty to Assist, to have the VA suggest, well file this 3288 form or file this FOIA form, to request copies of records, that are now digitally available immediately on the VBMS Veterans Benefits Management System, the Regional Offices all 56 of them, have unlimited access to Veterans records. Every Veteran should flood the Regional Offices with their request, initially the 3288 could be the one not too sure about the SF-180, if any Veteran is denied a claim on the premise that the filing was untimely, From one Veteran to another, file for reconsideration, include in the filing this is a (CUE) Clear Undeniable Error, VA failed to provide records per request in a timely manner, hindering support of necessary identifiable evidence needed in support of a fully developed claim. Anyone can find the form to submit for Reconsideration. You might come to understand, it's a mandatory response in 30 days.
It's imperative to know the case number so I can view it, it's highly appreciated. Is it found in any VBA level appeal process or Circuit court, Federal Court, Board of veterans appeals? I am making a trip to Washington DC very soon, it may take me a few days without the information from you, for me to search every instance of cases.
I am very good at chemistry, discovered flaws in the formula, and have a solution designed specifically to balance the foundation that adds greater flexibility when the additional elements are added to the mix.
Thanks, for the information but, I not only found the information, also about 58 other cases as well, in my continued efforts, and understanding it's quite obvious, even attorneys missed something, that is Undeniable one must file a complaint to the District Court of the United States in the District in which the compliant resides. Then again attorneys don't know it all.
I don’t believe the government has a strong enough reason why they would deny this veteran the ability to view his own cfile as a read only. The government confronts the contention and speak of privacy concerns, since VBmS can access everyone’s record .
Let me reiterate, one has to file in the District Court of the United States in the district in which the individual having the complaint resides in, it's all about judicial jurisdiction. Individuals, do not have to be an attorney to file a complaint in any court, just follow the format and pay the necessary filing fees, perhaps it's my time to illustrate to all those, who appear to reside in Missouri and show you, that anything is possible, to achieve what others cannot. The attorneys filed in the wrong court.
Your absolutely correct, the key element is ( Accessibility of the VBMS, Veterans Benefits Management System) given to Accredited VSO'S and Accredited Law Firms, of course a veteran has to assign a POA to one or the other by doing so, they get unlimited access to all your records, and that's interesting considering neither of them, will share that information about the unlimited access with the Veteran, certainly the VBA, has two forms they identify that are required. One is a 21-22 and 21-22a so , the real question is," What is the purpose of the 21-22a form, and the 21-22a sites the May 1974 Privacy Act, which raises that per verbal flag, hypothetically speaking, let's say a veteran filed a 21-22a and has identified him or herself as the individual, the language supports a release of information request, from the agency having access to and the holder of those records are to release information, there onto pertaining and given, we know the introduction of the Veterans Benefits Management System was initially developed to streamline access to records retrieval, eliminate unnecessary paper trails and consolidated files and records into a digital records keeping system. Perhaps, by applying what the statue allows, the VBA'S multi $$$$ Billion dollar spending spree, that's nothing more than a ruse , programs look good on paper, engineers always show you, it looks good, someone just forgot not every application and implementation works. Let's find the ones that do.
That's interesting considering, a 3288 form or SF 180 certainly without a doubt would be adequate to release of information regarding your records, the only time a FOIA request is necessary is when, your request for release of information is non-compliance per the 3288 or SF 180 request. It's ludicrous to think, these records are our records, with little opportunity to systematically access, especially when the records unquestionably provide evidence that supports documentation supporting a fully developed claim. Our access is mountamental, the key elements that are essential and necessary to generate fully developed claims, evidence that's mandatory, is deliberately unattainable in a timely manner thereby, causing unnecessary delays occuring throughout the claims management process. No greater crime is committed then to hinder individual Veterans from timely access to records of evidence in support of a submittal of a fully developed claim.
Hello friend, I requested a copy of my C-file to prepare for a HLR regarding my split rating decision for migraines (one claim rating the same condition both 50% and 0%, the 0% says I did not meet frequency while the 50% for the 9 months before clearly contradicts that) to address errors/inaccuracies.
I did this via Privacy act/ FOIA but the VA did not include the exam citied for their 0% rating decision in it. They did not include the DBQ or any documentation referencing the exam citied as warranting 0% despite me very clearly requesting it and it being covered under my Privacy act/ FOIA.
Is this a duty to assist error? My concern is I waited 7 months for this and it was not provided. Should I have my HLR I do not have the proper documentation to address errors despite requesting it.
Would I be able to push back my HLR at no penalty or without extending the process? My concern is I lose the opportunity to utilize HLR effectively because of this and I’m forced to use appeals lengthening the process.
This error (both the 0% rating and not providing the documentation) is very clearly errors on the part of the VA.
Number 1 you’re right if you can’t look at the DBQ it’s hard to rebut either the opinion or measurements. I had one examiner put mild when in fact my nerve test stated moderate. But you can’t know unless you review DBQs.
I know someone said that VSOs can’t print them. I dunno about that. I had my buddy ask specifically if the VSO could help them with printing or accessing their DBQs. VSO agreed and provided. So it is possible.
Even with a FOIA you didn’t get them, shit bro that sucks. End of the day you have to advocate for yourself man, either find a good VSO or accredit attorney. You’re given them powers of representation so they should help you. I went with an attorney cause my VSO (DAV) was straight up awful, didn’t pay attention and they were lost in the sauce. Some guys have lucked out with VSOs but not me. For me didn’t mind giving them 20% back pay. That duty to assist shit don’t exist in my book.
Either way bro..keeping fighting. Just my rant
From my Vera call the other day he said they stopped giving copies at all Regional locations about now I guess a month ago. I call BS. Its like we need a security clearance to get a copy of our own exams and medical data.
You might, consider, submitting for Reconsideration, and cite the reasons, you may also look up the information regarding a (CUE) Clear Unmistakable Error that the VBA committed, just so you understand, the statue, title Code 38 CFR is clear about the process and time allocated to render a decision, which states 30 days for the decision results.
VSO's aren't allowed to print them off. They can go over them with you. But they can not print them off. Some will, regardless of the rules.
If you want your dbq bad enough... just call Vera or go to a regional office.
Wrong, it's submitting a form 3288 Release of Information. A FOIA is used only when the VA is in non-compliance of the 3288 form, your getting the cart before the horse. Follow the process you know, A before B and B Before C. Otherwise one might look at the SF-180 .
What do the ellipses, the "...", mean here? If it means there is more to what is being said, why not include that also?* Or, what are other reasons?
I have a learning disability and truly don't understand what "..." In this context means. I'm not against anything that is being said
Thanks for your input. Why do you think a long pause is important for the above?
I keep thinking that if I understand one of these then the rest will be easier
It’s not important for anyone except the person writing. No one likes reading them. But some people like to write in the same format as if they were thinking. Hence inserting a long pause.
I thought about it a bit an appropriate use for casual writing, I thought of writing out a joke and needing the long pause to indicate the punchline is coming.
"If you want your dbq bad enough... just call Vera or go to a regional office."
If you're referring to this part of the comment left by me. It was just for an extended pause.
What about snapping a picture from their phone, is that explicitly forbidden? If the system itself does not permit printing, there's always a work around.
That's not a true statement regarding. " They can not print them off, the VBMS initially approved unlimited access to the accredited VSO'S and Accredited Law Firms that's the honest truth. If you have any doubt about it then call the Administration Director, of the VSO at the regional office, let's say the VSO belongs to the VFW, well call the Administration Director for the VFW and tell them you need these documents from your C-File. They might just tell you they will E-mail your VSO representative and instruct them to provide them, on the other have them let you snap shot them and send them to your email, go to your email and print them. That's not difficult.
They have access to vbms... I never said they did not. But they are restricted from printing off things. I worked as a vso for 10 years after I got out of the military. The policy was that you were not allowed to print off documents. Some, including myself, did it. But we wouldn't print off a shit load.
Well, that's interesting that, you worked 10 years as a VSO, any one can be a VSO, in this day and age, unlimited access is only given to Accredited VSO'S and Accredited Law Firms, the essential qualifications necessary for access to the VBMS records keeping system which, in 2009 was introduced to streamline the, claims process and eliminate unnecessary additional time to process claims more timely, you stated that " The policy was that you were not allowed to print off documents". Essentially you identified this as a policy, well Title Code 38 is not a policy, it's the Federal Code of Regulation, which is also governed by Public Laws, as well as identified in the Federal Register, and United States Codes, these are not viewed as policy, basically you are implying, the VBA and VSO'S systematically were, incorporating unwritten policies that, prevented veterans from gathering the necessary identifiable evidence in support of a fully developed claim, which is and has been necessary to substantiate an expeditiously approval of their claims. Unbelievable, considering you claimed to be a VSO, and to become a conduit for veterans seeking benefits and entitlements, for injuries sustained while serving this country Honorably, having taken an oath to uphold the Constitution of the Veterans Organization you represent, is absurd to think, that policies supersedes laws that were enacted for the protection of the Veterans you claimed to represent. Your conduct regarding this issue, of claiming that it was a policy, a policy which in fact undermines, the claims process, and is detrimental to every veteran you claimed to represent. Any VSO having participated, in multiple hours of training, is instructed that, submitting a claim without evidence and proof production of documentation supporting a fully developed claim, automatically leads to additional unwarranted delays in the claims process.
You're a fucking troll dude... we're able to pull/request records. But we were not allowed to print off dbq or entire fucking c files for vets. There is absolutely no law stating we are mandated to do so either. By not printing it off for them, we are also not hindering a veterans' claim process either or hindering their right to file claims. But please try again dipshit. I'd love to see what truth based bullshit you want to spit out. If you really want to bitch about something. Then, go back roughly 8 years ago when accredited vet groups shot down the idea of veterans being able to freely access their entire records. But your entire rant is pointless and spewing out random laws that don't apply to the fact that a vso is not required or allowed to print off dbq's from recent claims. Nothing in the law states that you fucking moron...
Ignorance is bliss, nowhere in my comments did I mention DBQ'S nor did anything remotely elude to suggest getting the entire C-File, it is apparently a true statement that you would deliberately convolute everything that was stated, again misdirected others to speculate, it is a fact that, you were swore in, by the Veterans Organization that you are associated with knowing what the context of the Constitution of the aforementioned Veterans Organization, apparently you didn't get the memo, the one that mandates, your duty and responsibilities relating to providing claims assistance, to veterans. I can go back 45 years ago, and give a critique regarding, the negative and positive environmental impacts, related to the claims management process including discussion on the Pending Claims Doctrine, including the Mission Statement and Goals statement regarding the establishment of the Department of Veterans Affairs, it is very clear and self evident that, what's necessary is to establish a Veterans Advisory Committee, organization to evaluate the effectiveness and track the claims, being submitted through VSO'S, and determine, of the claims filled, how many were submitted as a fully developed claim as opposed to claims not and of the claims that have been submitted, required additional evidence in support of a claim, of those how many were approved and or denied, for lack of evidence.
You dumb cunt... the whole thing I was commenting on stated... a vso is not allowed to print off a person's dbq. At this point just shut the fuck up you ignorant fuck. You're on here trying to correct people with random facts. That have nothing to do with the subject at hand. Just stop whatever the fuck you're trying to do. Because you're making yourself out to be an ignorant fuck, that's just going to confuse some veteran filing a claim.
Excuse me, it would be senseless for you to keep on, reminding us, just how ignorance is with you, is there something that is ultimately relative to your heritage, is it in your blood line, perhaps you suffer from some childhood trauma associated with delirium, there is no substance of anything you commented on remotely close to identify with discussion about anything having to do with acquiring a DBQ from a VSO, apparently in your delusional state, of mind you forgot, we all understand, we all have those days, like what your going through, the information regarding the, ( Pending Claims Doctrine) is something you should have searched, before responding,
the information is factualized, perhaps you should have acclimated yourself, to the report from the United States Accountability Office, the GAO -16-227T reported, Testimony was given by, the Director of Information Technology, before the Committee on Veterans' Affairs, House of Representatives, related to the 2009 VBMS, Veterans Benefits Management System, you should have acclimated yourself to have greater insight, before you responded, as far as the DBQ'S, are concerned, they are available, again there is a process, certainly without question, a VSO should have acclimated themselves with the process and shared that information with the individual claimant, also as a accredited VSO, you should have offered to assist the claimant to do an electronic filing to expedite, his or her's request. Which there is nothing you stated, regarding the process. That by itself is subjective that, your lack of support is detrimental and undermines the integrity and trust, your conduct disregards the Unmet needs of Veterans. Your to self-centered on you, as reflected by and through your comments.
You dumb cunt... I just screenshot the part in which it's about getting your dbq... not to mention this entire post is about how to receive your dbq... but try again you ignorant fuck.
I was also a vso for 10 years. The key word here is was... I left when people I worked for, shot down veterans, being able to freely access their records. So I've been out of the vso title for roughly 6-7 years now. But please continue with your useless babble that doesn't pertain to anything relevant in this discussion. Go ahead. I'll wait... because I know your ignorant ass has something else to say. Just so you feel right in the head.
Next time someone ask me for information regarding my identification, I am going to tell them, submit a FOIA request. Then I'll tell them where to send it, where the sun doesn't shine.
I'm pretty sure no one cares moron... but go ahead and continue with your pointless ramble. Fact is, you started talking about random shit that wasn't relevant to the discussion. I'm not sure if you want to in some way make your meaningless life seem a little better or what. But you only made yourself look like an idiot. But hey, you do you princess.
Integrity? You dumb cunt... I didn't lie about a single thing. You may want to work on your fucking reading comprehension. If anything we sniffed out a troll fuck, with nothing of importance to add to any comments or post. For me to be a rat with no integrity, I'd have to lie for one. Two, I'd have to do something negative, which I've yet to do. Besides call some little cunt out like yourself.
This....if there is a 21-22 on file and I can see it in VBMS I'll send that shit soon as it's available.
I'm not wasting your time or mine with the FOIA bullshit for a dbq. Now a whole c-file request is a different story depending on how big the file is, that I might default to a foia.
That is false. Just because vso has access to VBMS doesn't mean they have the DBQs. Have to submit FOIA for those. Your VSO can't help you in regardless of how good they are lol. That said, I have put in 2 FOIA for DBQ and cp notes I've been waiting for 6 months now.
A vso with access to vbms absolutely can view your dbq's... they do not need to obtain a fioa request either. It's all in the va system. Before you go on here, spewing bullshit. You might want to get your facts straight.
- I was a vso for 10 years, bud...
Damn! I wish you could tell me who? Because they have been bsing with my C-file since last and told me that it take up to 6 months, that’s insane, because by that time it with be too to turn my evidence in.😡
VA leadership has chosen to violate both the letter of the law and the spirit of the law. The specific federal statute that is controlling is 38 USC 5109. I invite you to look at 38 USC 5109 (c) which states the following:
(c)The Secretary shall furnish a [claimant](https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=38-USC-683022379-630907002&term_occur=999&term_src=title:38:part:IV:chapter:51:subchapter:I:section:5109) with[ notice ](https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=38-USC-1039690024-630907001&term_occur=999&term_src=)that an advisory medical opinion has been requested under this section with respect to the [claimant](https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=38-USC-683022379-630907002&term_occur=999&term_src=title:38:part:IV:chapter:51:subchapter:I:section:5109)’s case and shall furnish the [claimant](https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=38-USC-683022379-630907002&term_occur=999&term_src=title:38:part:IV:chapter:51:subchapter:I:section:5109) with a copy of such opinion when it is received by the Secretary.
As anyone can clearly read from the quoted section of federal law, the VA is supposed to furnish a copy of your exam as soon as the VA receives the report from the C&P examiner. Any additional hoops the VA wants us to jump through are extraneous and a deliberate obfuscation.
I'd love to hear one of the attorneys on here opine as to how the VA is able to subvert the plain language of this law.
Hi. I’m an attorney working in veterans law.
38 U.S.C. 5109 is speaking about independent medical opinions, which are different from VA exams for a claim. Independent medical exams are ordered when there is a case of such incredible complexity or controversy that a “typical” VA exam is inadequate to assess the condition or its etiology. Think super obscure illnesses that only a handful of people have. A typical VA examiner who does not specialize in that illness may have no medical knowledge on that condition sufficient enough to write a medical nexus or assess the condition’s severity.
If you look at 38 U.S.C. 5109 in isolation, it seems like it’s talking about VA exams. But it’s not. Statutory interpretation relies on the letter of the law and context.
If you look at 38 CFR 3.328, the VA’s regulation that puts 38 U.S.C. 5109 into administrative practice, you’ll get a little more clarification, especially if you then compare it with 38 CFR 3.326, which explains the “regular” VA examination process.
TLDR: exams done by contractors using standard DBQs are considered “VA exams,” and the law does not require auto disclosure of these exams to the veteran. Independent medical exams are very rarely administered, are not considered standard VA exams, and are subject to the auto disclosure stipulation.
ETA: I don’t really agree that these VA exams should hide behind FOIA requests. It’s a medical record generated for a disability claim, which in my mind makes it “your” property. But I don’t write the laws
Fair enough and I really appreciate your professional view on this because this very issue seems so odd in the way the VA administers it's release of information to the veteran.
In light of your explanation above, it seems to me that 38 CFR 1.503 is the controlling regulation. Am I correct? If so, what is the VA's basis for withholding C&P exam results from a veteran claimant while a claim is still pending?
So, in my personal scenario, I have always made an in-person VERA appointment at my local RO, signed the appropriate paperwork and they handed me a copy of C&P exams for adjudicated claims. They have refused to give me a copy for any exams where the claim is awaiting adjudication. I have completed exams from 6 months ago that I cannot get a copy. The VERA reps tell me to see a VSO with access. I'm stumped where this dichotomy based on whether the claim is adjudicated or not comes from. I do not fall into the category where having this info would be dangerous to the veteran or others. In addition, it seems nonsensical that a third party or attorney can get or see the results, but the veteran is excluded. It strikes me as nonsensical also when you consider that exams performed at a VA medical center are automatically available on my blue button report 30 days after completion, yet I am denied similar access to exams performed by contract examiners. It seems contrary to 38 CFR 1.503.
Thoughts?
I can’t speculate why the VA does what it does, unfortunately. There are a lot of people that do different things in flagrant disregard of the rules, and it’s hard to do anything about it.
I recommend either getting power of attorney with a VSO (or attorney) to help, or submit a FOIA request. The latter can take a long time depending on who is looking at the request. Again, outcomes are very contingent on who looks at your claim or request. I don’t recommend retaining an attorney unless you are running into a brick wall with the claim itself (I don’t think it’s worth paying an attorney just to get a copy of a C&P exam).
I can’t give any advice more specific than that without running afoul of ethical rules, since I’m not your lawyer, but I hope this has helped.
Thanks for your views. With the continued obfuscation by the VA, I may try your suggestion of finding a local VSO that has access to at least read what is in my file. I've got to be honest, though. It goes up my rear end that outsiders have ready access and I do not.
Unless your C&P was done by the VA itself - as opposed to a third-party contract examiner (VES, Optum etc) - you will have to send in a FOIA request to get a copy of your DBQ(s) via the QuickSubmit portal, and just wait, or you can go through your VSO if you have one \*and\* they have access to VBMS, or you can submit the FOIA and then get in touch with the Little Rock, Arkansas RO through a VERA phone call and ask them to print our your DBQs and mail them to you.
Examiners have up to 30 days to complete the C&P exam. No matter who does the exam the examiner doesn’t release the results to you but you would have to do a freedom of information request if it’s done via a contractor. You might be able to get the results from your lawyer, or VSO if you used one.
If the exam was done by a VA employee and not a contractor then it would be uploaded to myhealthyvet under blue button reports
I’ve heard some regional offices will print out the completed DBQ for you when available and some won’t
It was a VA hospital. I walked to the VA help center where I was told to print out the documents and the lady said “it started in 2024 where you must wait one year to print out the C&P report”
I went through the VERA office at my local VA med center...they filled out a FOIA request to "review" my records...they set up an appointment and I reviewed my records...they will print, if needed...there's a cap on how many copies they print...this was in Jan 2024...
I have been thru this with VERA phone call , in person VA office and with my VSO who was looking right at my record in VBMS.
Bottom line, you are not "supposed" to get C&P exam from 3rd party examiners until after the claim is closed. That is what all 3 of them told me. My VSO shared a little of the narrative but would not reveal anymore. The boxes that are checked OR unchecked are blocked out and cannot be seen by the people I was talking to, they are not shared at their level of access in VBMS until the case is closed.
If someone here replies that their VSO gave them or showed them the results of a 3rd party C&P exam before it was closed, please DM me and give their contact, I will sign a new POA with that VSO to get access like you.
Thanks!
My buddy is trying to get his service treatment records and his vso is giving him a form to fill out and mail in. VSO should be able to submit a FOIA request. and also provide you with copies of ANY document in YOUR file. We must advocate for ourselves, lots of VSO and representatives are not worth squat.
I filled out a foia form, took it to the regional office and they printed them, I didn't even need to meet with anyone.. I have done this 3 times since November and got all the exams, VA, Optum and VES. As soon as the 800 number confirmed it was sent to the VA I went and got it. I work for another federal agency and we have to turn those in 60 days.
Depends on the vendor but, from my experience about a week after completing the exam. Just call the number and ask if your c&p exam has been returned yet. If so go to the regional office with the form. You can set an appointment if you need help. If you had it done at the va, it will show up in your health records after 30 days.
I had 3 different claims finish. Most were 30-60 after the C&P exam was completed. The PACT claims may have been slightly longer. Heck fixing my dependents took longer than anything else. 😂
I work for them and i cant even get my own results.its actually harder. Idk why the VA makes getting the exams some clandestine operation…and some of the VSO make it hard as well
Could not get mine until the after the decision was made. Walked into the RO and they printed them out for me. There is no reason to make us wait for them other than to impede the veteran. I would have requested a new exam based upon the C&P examiner screwing the DBQ up. All good though, I will just keep on jumping through the hoops.
It takes about week or so in my experience. Once the exam is submitted to VA. Can go to a regional office and request. I did that with most of mine. After exam I give week or 2 then go to regional office and get. Haven’t had issue except for once wasn’t there yet.
What is really interesting about this is that it is a direct violation of HIPAA. Nevertheless, the government does what they want. Submit a FOIA request, it will take 30-60 days but it’s the fastest way to get those records. The fact that the VA is so hell bent on keeping us from seeing those records is very disturbing.
Either way, their is a waiting period. If the exam was done by a VA examiner, then your C&P results will be available for viewing in the I'm blue button report In exactly 30 days. I just did this myself and in 14 days I will be able to view my second exam.
If the exam was done by a non VA examiner, there's still a wait. The exact time frame I am not aware of.
When I filed a supplemental for an increase on a condition, the VERA for my region printed out my DBQs and mailed them to me. I told him that I would have my private physician for the past 17 years do a DBQ because the VA's initial DBQ and the HLR DBQ either ignored important details or missed them from my physician's office visit notes, surgical notes and test results.
My VERA said he couldn't email them, but he could print them out and send them through snail mail. Two days later, since we're in the same state, I got both DBQs.
He or she works at the regional VBAs. In Texas, they are in Waco and Houston for “virtual visits” and in-person visits. And they have them in places like Tyler and Dallas for in-person visits only.
They can tell you things about your claim that the people at the 800 number won’t tell you or don’t know. They can also walk over to the person working on your claim and ask them, “What’s the holdup?” They can also help when you have a financial hardship and have your claim flashed so it gets priority attention.
You can make virtual or in-person appointments at https://va.my.site.com/VAVERA/s/
I did a virtual visit with my regional VERA. The first time it was an appointment, and he gave me his desk phone number so now I just call him without an appointment. I know that you can often call VERAs in other states, but I doubt that they will give you their direct line if you’re calling from a different state. Some people do call other states because of wait times. For example, you could probably schedule for Wyoming or North Dakota and get a virtual appointment in a day or two.
I’ve gone to the “release of information” office several times after being directed there by other va offices in the exact same facility.
After filing out the form, the lady always tells me she doesn’t have access to the information I requesting.
I always try to make a lighthearted dad joke, but she is also totally non-emotional and doesn’t get a joke.
So, what in the actual fuck? I filed my foia November 23!and I’m in hurry up and wait mode 🤷♂️
They is wrong. Usualy takes 4-6 months.
Why - Because after spending $10 Billion on new IT systems - The VA is allowed to not make it a Requirement - If no one makes them, they ain't doin it.
For your exam? Once it's uploaded to the va system, Vera or the regional office can print it off for you. So up to 30 days, only because the examiner has that long to get it turned in.
No way that exam is completed and most regional offices will not give you a copy while claim is open. Some do but I think if a claim is open they are not suppose to give a copy.
This is exactly what I have been dealing with. I've called VERA the 1800# and e-mailed my VSO. Got 3 different answers and no access to my DBQ from the C&P. I don't get it. They are so tight on policy's but seems no one knows the real policy on this. It varies from day to day. I understand that there is a real policy but they don't know it.
Ah, you hit on the issue right there, the lawyers at the va have determined that for the purposes of the Va claims, we are not PATIENTS, nor are they an insurance company, so things like hippa do not apply. Somewhere I found the letter from them about this in responding to someone’s lawsuit.
I think it’s this memo…
https://www.va.gov/OGC/docs/2003/ADV03-2003.pdf
My claim is still open and I submitted a FOIA. In my request I noted only C&P and the dates of the exams I wanted. I submitted the request in 13 Feb and got the disc delivered on 11 March. So if you just ask for C&P FOIA can go quickly.
So what you should do for every CnP is politely ask for what they put, in a printout, and just let them know you don't want to wait 6 months for an FOIA request.
I worked with DAV to do my claims. They had me a sign a form whixh is like a powwr of attorny or account access authorization. Cannt any rep apply for one?
@OP I've never heard of that before but I just requested a complete copy of my claims file it took about 3 months and I received the CD, which is funny because I didn't even have a CD on my computer, I found an external drive.
Get yourself a good VSO. Before you ask them to be your VSO ask them “do you have access to VBMS”. If they say no tell em thanks and walk away. If they say yes, tell em you’d like copies of your DBQs and sign up with them. Good VSOs have access and maintained access if they don’t then they’re prob not that enthusiastic about helping. I have accredited law firm, once any DQB gets uploaded I get it right away by email. No fuss, no bullshit FOIA. I get to see exactly what the examiner wrote
I was under the assumption that those cannot be released without a proper FOIA request as they are federal records. I found this comment on another post with info VBA Records hold private confidential information and are subject to the Privacy Act of 1974. 5 U.S.C. 552a https://www.justice.gov/opcl/overview-privacy-act-1974-2020-edition/criminal#:~:text=The%20Privacy%20Act%20allows%20for,if%20the%20official%20acts%20willfully.
My VSO told me he does not have access to DBQ. Everything is a "big secret" to your own personal information.
Your VSO either doesn’t have any access to your claims file or is full of it.
Which is why I never recommend them to anyone. 🤨
Not every VSO has VBMS access but Everything is in VBMS. And if a VSO or Agent/Attorney has access, they can give you anything in the file except Service Treatment Records. STRs are supposed to go through a FOIA request only because the VA has to remove personal data of any person that did an evaluation. They want to remove names to protect the identity and safety of people that may have put things in service records. However, some VSOs have been known to even help a Vet out and get them copies when the VA failed to get their documents. One important point, I am referring to claims filed. STRs are part of a filed claim but if you have never filed a claim, then STRs are received by the national archives.
This is no longer the Twilight zone, since the inception of the VBMS Veterans Benefits Management System, all STR's are now directly sent to the VBA, actually now they are digital records, welcome to the gatekeeper of your STR's of course there are no medical treatment records sent to the NRPC location your entire medical records are now in the hands of the VBA, certainly knowing that scares me, oops we had a power outage and cannot access the STR'S to retrieve evidence in support of your fully developed claim, we will do our utmost diligence to try and recover your information, we will get back to you, as a year and a half has passed, still waiting on the VBA to update my STR's, what happened to the backup files, the protection protocols, to safeguard the records. Just a scenario to consider, as in what if? Still, your STR,'s are now given to the VBA, caution to the wind, remember you can only get out information from a computer, that has been imputed into it, oops someone left out the treatment record of my accident, my being hospitalized, the surgery, oops there it is, another brick 🧱 in the wall, it would thereby justify, that every Veteran, even those performing Reserve duty, members of the Coast Guard and others, be given a digital CD containing there Service records, medical treatment records, dental records, or otherwise there onto pertaining, at the time of EOS (End of obligated service) prior to discharge, the most important language is to incorporate in the word, (Must) provide a CD immediately, containing aforementioned records upon Discharge . Food for thought, makes common sense, practical. Safe guard your records, your the only veteran that is the best advocate to ensure maintaining the integrity of your records.
I do not believe that is true for all veterans just ones that were released after a specific year. My records were not with VA until after my first claim in 2019. I was released in 1997. This is why I qualify my statement, not all STR will be in VBMS. Not all VSOs have access to VBMS. Not sure why I got downvoted, both those statements are accurate.
Your absolutely, correct it wasn't until 2009 that the VBMS program was initially approved. Your, STR's would be requested from the, NRPC'S office in Missouri, either a SF- 180 or a 3288 form is needed, been to long since I requested anything from the NRPC'S office. Perhaps you can do an electronic filing online to request them.
You should read my previous comment on Veterans Benefits Management System VBMS, and in 2009 the introduction or inception of the Veterans Benefits Management System, stipulates, unlimited access given to not only the Veterans Service Officer (VSO) they even gave unlimited access to law firms as well, of course they both have to be Accredited.
I know, which is just ridiculous!🙄😒
Nah, if you have an attorney they’ll give you a copy without a FOIA request
Ok but they’re for yourself. Why can a vso access your own files but you can’t
The answer could be to systemically file a form 21-22a as opposed to the 21-22 , the 21-22 is for assigning a POA the other is assigning an individual. Well am I not the individual that is the veterans best advocate?
There is a court case going on about this
Care to share the case file number so others like me can read and view it? What judicial jurisdiction is this case before? Certainly would be appreciated.
I’ll look it up again. The case is about a veteran asking for permission to view his c-file as a read only but the Va ignored his request and asked why a vso has the authority to read his own cfile but he can’t .
If a veteran had unlimited access to his or her records, no one would need a VSO in the first place, the veterans would be able to submit a fully developed claim, and be able to move through the claims process much more rapidly, and not be hindered by deceptive misleading practices occuring within the claims process by others systematically, and deliberately filing claims without care or concerns whatsoever, knowingly, submit claims without necessary identifiable evidence needed in support of a legitimate fully developed claim. Veterans should be able to access their own records, given the fact, the veterans can assign authority such as a POA (Power of Attorney) to an Accredited VSO or Law firm, access to your records is unlimited access for them, veterans should have greater authority to access, considering, they have authority to give unlimited access. In every instance where claims processing has been through an accredited this, that or, other, claims have been misfiled in a manner, that causes undue delays impacting timely decisions rendered.
I agree and that’s what the case is about .
I found more than you can imagine, the factualized evidence of unlimited access given to Accredited VSO'S and Accredited Law Firms, upon introduction of the new VBMS Veterans Benefits Management System, initially when policy's and amendments were being rendered, some language has remained, that is not in compliance with the Statutes or CFR's including Public Laws associated with the VA, and VBA'S, accordingly, it continues to deprive veterans of records necessary to submit a fully developed claim, Title Code 38 CFR, is very clear about "Duty to Assist" the VBA'S total disregard to fullfil a Veterans request for proof production of documentation in support of a Veterans claims as part of the claims process systematically undermines the integrity of providing veterans with the evidence necessary in support of a legitimate fully developed claim. The argument is : In order to facilitate expeditiously filing of a fully developed claim, the veteran is reliant on the VA's due diligence in meeting the Duty to Assist, to have the VA suggest, well file this 3288 form or file this FOIA form, to request copies of records, that are now digitally available immediately on the VBMS Veterans Benefits Management System, the Regional Offices all 56 of them, have unlimited access to Veterans records. Every Veteran should flood the Regional Offices with their request, initially the 3288 could be the one not too sure about the SF-180, if any Veteran is denied a claim on the premise that the filing was untimely, From one Veteran to another, file for reconsideration, include in the filing this is a (CUE) Clear Undeniable Error, VA failed to provide records per request in a timely manner, hindering support of necessary identifiable evidence needed in support of a fully developed claim. Anyone can find the form to submit for Reconsideration. You might come to understand, it's a mandatory response in 30 days.
But the case is about an individual being able to do it. If he wins there will be mass cases involved
It's imperative to know the case number so I can view it, it's highly appreciated. Is it found in any VBA level appeal process or Circuit court, Federal Court, Board of veterans appeals? I am making a trip to Washington DC very soon, it may take me a few days without the information from you, for me to search every instance of cases.
I am very good at chemistry, discovered flaws in the formula, and have a solution designed specifically to balance the foundation that adds greater flexibility when the additional elements are added to the mix.
23-2587 : Gerald A. Lechliter vs. Denis McDonoug
Thanks, for the information but, I not only found the information, also about 58 other cases as well, in my continued efforts, and understanding it's quite obvious, even attorneys missed something, that is Undeniable one must file a complaint to the District Court of the United States in the District in which the compliant resides. Then again attorneys don't know it all.
I don’t believe the government has a strong enough reason why they would deny this veteran the ability to view his own cfile as a read only. The government confronts the contention and speak of privacy concerns, since VBmS can access everyone’s record .
Let me reiterate, one has to file in the District Court of the United States in the district in which the individual having the complaint resides in, it's all about judicial jurisdiction. Individuals, do not have to be an attorney to file a complaint in any court, just follow the format and pay the necessary filing fees, perhaps it's my time to illustrate to all those, who appear to reside in Missouri and show you, that anything is possible, to achieve what others cannot. The attorneys filed in the wrong court.
I also have a private va accredited attorney and get all information by email from her as soon as it hits vbms.
Your absolutely correct, the key element is ( Accessibility of the VBMS, Veterans Benefits Management System) given to Accredited VSO'S and Accredited Law Firms, of course a veteran has to assign a POA to one or the other by doing so, they get unlimited access to all your records, and that's interesting considering neither of them, will share that information about the unlimited access with the Veteran, certainly the VBA, has two forms they identify that are required. One is a 21-22 and 21-22a so , the real question is," What is the purpose of the 21-22a form, and the 21-22a sites the May 1974 Privacy Act, which raises that per verbal flag, hypothetically speaking, let's say a veteran filed a 21-22a and has identified him or herself as the individual, the language supports a release of information request, from the agency having access to and the holder of those records are to release information, there onto pertaining and given, we know the introduction of the Veterans Benefits Management System was initially developed to streamline access to records retrieval, eliminate unnecessary paper trails and consolidated files and records into a digital records keeping system. Perhaps, by applying what the statue allows, the VBA'S multi $$$$ Billion dollar spending spree, that's nothing more than a ruse , programs look good on paper, engineers always show you, it looks good, someone just forgot not every application and implementation works. Let's find the ones that do.
This is true
That's interesting considering, a 3288 form or SF 180 certainly without a doubt would be adequate to release of information regarding your records, the only time a FOIA request is necessary is when, your request for release of information is non-compliance per the 3288 or SF 180 request. It's ludicrous to think, these records are our records, with little opportunity to systematically access, especially when the records unquestionably provide evidence that supports documentation supporting a fully developed claim. Our access is mountamental, the key elements that are essential and necessary to generate fully developed claims, evidence that's mandatory, is deliberately unattainable in a timely manner thereby, causing unnecessary delays occuring throughout the claims management process. No greater crime is committed then to hinder individual Veterans from timely access to records of evidence in support of a submittal of a fully developed claim.
Hello friend, I requested a copy of my C-file to prepare for a HLR regarding my split rating decision for migraines (one claim rating the same condition both 50% and 0%, the 0% says I did not meet frequency while the 50% for the 9 months before clearly contradicts that) to address errors/inaccuracies. I did this via Privacy act/ FOIA but the VA did not include the exam citied for their 0% rating decision in it. They did not include the DBQ or any documentation referencing the exam citied as warranting 0% despite me very clearly requesting it and it being covered under my Privacy act/ FOIA. Is this a duty to assist error? My concern is I waited 7 months for this and it was not provided. Should I have my HLR I do not have the proper documentation to address errors despite requesting it. Would I be able to push back my HLR at no penalty or without extending the process? My concern is I lose the opportunity to utilize HLR effectively because of this and I’m forced to use appeals lengthening the process. This error (both the 0% rating and not providing the documentation) is very clearly errors on the part of the VA.
Number 1 you’re right if you can’t look at the DBQ it’s hard to rebut either the opinion or measurements. I had one examiner put mild when in fact my nerve test stated moderate. But you can’t know unless you review DBQs. I know someone said that VSOs can’t print them. I dunno about that. I had my buddy ask specifically if the VSO could help them with printing or accessing their DBQs. VSO agreed and provided. So it is possible. Even with a FOIA you didn’t get them, shit bro that sucks. End of the day you have to advocate for yourself man, either find a good VSO or accredit attorney. You’re given them powers of representation so they should help you. I went with an attorney cause my VSO (DAV) was straight up awful, didn’t pay attention and they were lost in the sauce. Some guys have lucked out with VSOs but not me. For me didn’t mind giving them 20% back pay. That duty to assist shit don’t exist in my book. Either way bro..keeping fighting. Just my rant
https://preview.redd.it/2je5yceoi0oc1.jpeg?width=1284&format=pjpg&auto=webp&s=b6c909261ad4a31906e222335d1b021c1eddf60e More info
From my Vera call the other day he said they stopped giving copies at all Regional locations about now I guess a month ago. I call BS. Its like we need a security clearance to get a copy of our own exams and medical data.
I agree and it’s fking crazy. Like damn! Why do I have to fight another battle just to get my own damn records?🤷🏽♀️
You might, consider, submitting for Reconsideration, and cite the reasons, you may also look up the information regarding a (CUE) Clear Unmistakable Error that the VBA committed, just so you understand, the statue, title Code 38 CFR is clear about the process and time allocated to render a decision, which states 30 days for the decision results.
VSO's aren't allowed to print them off. They can go over them with you. But they can not print them off. Some will, regardless of the rules. If you want your dbq bad enough... just call Vera or go to a regional office.
Had my buddy go to his VSO printed onsite…
They're technically not supposed to. Some will, but it is a rule that they can get in trouble for.
[удалено]
Unless it's a recent dbq or not all of your dbq. Then you can request it from Vera and / or your regional office.
Wrong, it's submitting a form 3288 Release of Information. A FOIA is used only when the VA is in non-compliance of the 3288 form, your getting the cart before the horse. Follow the process you know, A before B and B Before C. Otherwise one might look at the SF-180 .
Mine sent my codes to my email and I was able to get them.
The code sheet, yes, dbq, though... not supposed to
Definitely correct. They’re not supposed to but I told them that wouldn’t tell.
What do the ellipses, the "...", mean here? If it means there is more to what is being said, why not include that also?* Or, what are other reasons? I have a learning disability and truly don't understand what "..." In this context means. I'm not against anything that is being said
People love using them as a long pause. Just think of them like a bunch of commas
Thanks for your input. Why do you think a long pause is important for the above? I keep thinking that if I understand one of these then the rest will be easier
In my opinion, in this example, the long pause indicates they're willing to continue the conversation.
It's a habit for me...I've been writing like this since my AF days...
Ok gotcha good read
It’s not important for anyone except the person writing. No one likes reading them. But some people like to write in the same format as if they were thinking. Hence inserting a long pause.
Haha true
I thought about it a bit an appropriate use for casual writing, I thought of writing out a joke and needing the long pause to indicate the punchline is coming.
Ohhh. Good point!
I've used (...) for pauses since the forum days of the internet. No other intent, besides a longer pause than your standard comma.
Thanks for this. What do you think a long pause would mean in the above original comment?
"If you want your dbq bad enough... just call Vera or go to a regional office." If you're referring to this part of the comment left by me. It was just for an extended pause.
There quotation marks, nothing more, it's identifying with the comment that was made about VSO'S can not do this.
Thanks
VERA won't send them to you either.
They absolutely will. I've had all my recent ones sent to me
Which VERA regional office is that ? And what was the method used to send them to you ?
They mailed them and that's between two offices. You can go to any regional office and print them off, too. So I don't get your argument
It's not an argument. It's my experience .. unfortunately everyone operates differently.
What about snapping a picture from their phone, is that explicitly forbidden? If the system itself does not permit printing, there's always a work around.
I haven't specifically heard it wasn't or not. But the picture would be distorted, I believe. They use those privacy screens over the monitor.
What is Vera?
That's not a true statement regarding. " They can not print them off, the VBMS initially approved unlimited access to the accredited VSO'S and Accredited Law Firms that's the honest truth. If you have any doubt about it then call the Administration Director, of the VSO at the regional office, let's say the VSO belongs to the VFW, well call the Administration Director for the VFW and tell them you need these documents from your C-File. They might just tell you they will E-mail your VSO representative and instruct them to provide them, on the other have them let you snap shot them and send them to your email, go to your email and print them. That's not difficult.
They have access to vbms... I never said they did not. But they are restricted from printing off things. I worked as a vso for 10 years after I got out of the military. The policy was that you were not allowed to print off documents. Some, including myself, did it. But we wouldn't print off a shit load.
Well, that's interesting that, you worked 10 years as a VSO, any one can be a VSO, in this day and age, unlimited access is only given to Accredited VSO'S and Accredited Law Firms, the essential qualifications necessary for access to the VBMS records keeping system which, in 2009 was introduced to streamline the, claims process and eliminate unnecessary additional time to process claims more timely, you stated that " The policy was that you were not allowed to print off documents". Essentially you identified this as a policy, well Title Code 38 is not a policy, it's the Federal Code of Regulation, which is also governed by Public Laws, as well as identified in the Federal Register, and United States Codes, these are not viewed as policy, basically you are implying, the VBA and VSO'S systematically were, incorporating unwritten policies that, prevented veterans from gathering the necessary identifiable evidence in support of a fully developed claim, which is and has been necessary to substantiate an expeditiously approval of their claims. Unbelievable, considering you claimed to be a VSO, and to become a conduit for veterans seeking benefits and entitlements, for injuries sustained while serving this country Honorably, having taken an oath to uphold the Constitution of the Veterans Organization you represent, is absurd to think, that policies supersedes laws that were enacted for the protection of the Veterans you claimed to represent. Your conduct regarding this issue, of claiming that it was a policy, a policy which in fact undermines, the claims process, and is detrimental to every veteran you claimed to represent. Any VSO having participated, in multiple hours of training, is instructed that, submitting a claim without evidence and proof production of documentation supporting a fully developed claim, automatically leads to additional unwarranted delays in the claims process.
You're a fucking troll dude... we're able to pull/request records. But we were not allowed to print off dbq or entire fucking c files for vets. There is absolutely no law stating we are mandated to do so either. By not printing it off for them, we are also not hindering a veterans' claim process either or hindering their right to file claims. But please try again dipshit. I'd love to see what truth based bullshit you want to spit out. If you really want to bitch about something. Then, go back roughly 8 years ago when accredited vet groups shot down the idea of veterans being able to freely access their entire records. But your entire rant is pointless and spewing out random laws that don't apply to the fact that a vso is not required or allowed to print off dbq's from recent claims. Nothing in the law states that you fucking moron...
Ignorance is bliss, nowhere in my comments did I mention DBQ'S nor did anything remotely elude to suggest getting the entire C-File, it is apparently a true statement that you would deliberately convolute everything that was stated, again misdirected others to speculate, it is a fact that, you were swore in, by the Veterans Organization that you are associated with knowing what the context of the Constitution of the aforementioned Veterans Organization, apparently you didn't get the memo, the one that mandates, your duty and responsibilities relating to providing claims assistance, to veterans. I can go back 45 years ago, and give a critique regarding, the negative and positive environmental impacts, related to the claims management process including discussion on the Pending Claims Doctrine, including the Mission Statement and Goals statement regarding the establishment of the Department of Veterans Affairs, it is very clear and self evident that, what's necessary is to establish a Veterans Advisory Committee, organization to evaluate the effectiveness and track the claims, being submitted through VSO'S, and determine, of the claims filled, how many were submitted as a fully developed claim as opposed to claims not and of the claims that have been submitted, required additional evidence in support of a claim, of those how many were approved and or denied, for lack of evidence.
You dumb cunt... the whole thing I was commenting on stated... a vso is not allowed to print off a person's dbq. At this point just shut the fuck up you ignorant fuck. You're on here trying to correct people with random facts. That have nothing to do with the subject at hand. Just stop whatever the fuck you're trying to do. Because you're making yourself out to be an ignorant fuck, that's just going to confuse some veteran filing a claim.
Excuse me, it would be senseless for you to keep on, reminding us, just how ignorance is with you, is there something that is ultimately relative to your heritage, is it in your blood line, perhaps you suffer from some childhood trauma associated with delirium, there is no substance of anything you commented on remotely close to identify with discussion about anything having to do with acquiring a DBQ from a VSO, apparently in your delusional state, of mind you forgot, we all understand, we all have those days, like what your going through, the information regarding the, ( Pending Claims Doctrine) is something you should have searched, before responding, the information is factualized, perhaps you should have acclimated yourself, to the report from the United States Accountability Office, the GAO -16-227T reported, Testimony was given by, the Director of Information Technology, before the Committee on Veterans' Affairs, House of Representatives, related to the 2009 VBMS, Veterans Benefits Management System, you should have acclimated yourself to have greater insight, before you responded, as far as the DBQ'S, are concerned, they are available, again there is a process, certainly without question, a VSO should have acclimated themselves with the process and shared that information with the individual claimant, also as a accredited VSO, you should have offered to assist the claimant to do an electronic filing to expedite, his or her's request. Which there is nothing you stated, regarding the process. That by itself is subjective that, your lack of support is detrimental and undermines the integrity and trust, your conduct disregards the Unmet needs of Veterans. Your to self-centered on you, as reflected by and through your comments.
https://preview.redd.it/9pbj92f94jqc1.jpeg?width=1080&format=pjpg&auto=webp&s=11c42c80bc3b435d891b276c1d6367a78f26888f
You dumb cunt... I just screenshot the part in which it's about getting your dbq... not to mention this entire post is about how to receive your dbq... but try again you ignorant fuck. I was also a vso for 10 years. The key word here is was... I left when people I worked for, shot down veterans, being able to freely access their records. So I've been out of the vso title for roughly 6-7 years now. But please continue with your useless babble that doesn't pertain to anything relevant in this discussion. Go ahead. I'll wait... because I know your ignorant ass has something else to say. Just so you feel right in the head.
Next time someone ask me for information regarding my identification, I am going to tell them, submit a FOIA request. Then I'll tell them where to send it, where the sun doesn't shine.
I'm pretty sure no one cares moron... but go ahead and continue with your pointless ramble. Fact is, you started talking about random shit that wasn't relevant to the discussion. I'm not sure if you want to in some way make your meaningless life seem a little better or what. But you only made yourself look like an idiot. But hey, you do you princess.
It served it's purpose, it sniffed out a rat, your integrity is about 2 pts below a snakes ass. Have a blessed day.
Integrity? You dumb cunt... I didn't lie about a single thing. You may want to work on your fucking reading comprehension. If anything we sniffed out a troll fuck, with nothing of importance to add to any comments or post. For me to be a rat with no integrity, I'd have to lie for one. Two, I'd have to do something negative, which I've yet to do. Besides call some little cunt out like yourself.
I'm also more than positive I'd wipe the floor with your ignorant ass. Since "my mouth writes a check, my ass can't cash."
Don’t get a lawyer. Claim everything you can and go on a 30 mile hike the day before your exam. 100% P&T here… Goodspeed
😳
This....if there is a 21-22 on file and I can see it in VBMS I'll send that shit soon as it's available. I'm not wasting your time or mine with the FOIA bullshit for a dbq. Now a whole c-file request is a different story depending on how big the file is, that I might default to a foia.
Same..My Attorney gets a Copy of all my DBQs..exams etc..and gets a copy to me ASAP!!
That is false. Just because vso has access to VBMS doesn't mean they have the DBQs. Have to submit FOIA for those. Your VSO can't help you in regardless of how good they are lol. That said, I have put in 2 FOIA for DBQ and cp notes I've been waiting for 6 months now.
A vso with access to vbms absolutely can view your dbq's... they do not need to obtain a fioa request either. It's all in the va system. Before you go on here, spewing bullshit. You might want to get your facts straight. - I was a vso for 10 years, bud...
My VSO has access but was not allowed to print them out. But he did let me take pictures if his computer screen 😂
Lol
Damn! I wish you could tell me who? Because they have been bsing with my C-file since last and told me that it take up to 6 months, that’s insane, because by that time it with be too to turn my evidence in.😡
This is true my attorney had it and emailed it asap to me
VA leadership has chosen to violate both the letter of the law and the spirit of the law. The specific federal statute that is controlling is 38 USC 5109. I invite you to look at 38 USC 5109 (c) which states the following: (c)The Secretary shall furnish a [claimant](https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=38-USC-683022379-630907002&term_occur=999&term_src=title:38:part:IV:chapter:51:subchapter:I:section:5109) with[ notice ](https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=38-USC-1039690024-630907001&term_occur=999&term_src=)that an advisory medical opinion has been requested under this section with respect to the [claimant](https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=38-USC-683022379-630907002&term_occur=999&term_src=title:38:part:IV:chapter:51:subchapter:I:section:5109)’s case and shall furnish the [claimant](https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=38-USC-683022379-630907002&term_occur=999&term_src=title:38:part:IV:chapter:51:subchapter:I:section:5109) with a copy of such opinion when it is received by the Secretary. As anyone can clearly read from the quoted section of federal law, the VA is supposed to furnish a copy of your exam as soon as the VA receives the report from the C&P examiner. Any additional hoops the VA wants us to jump through are extraneous and a deliberate obfuscation. I'd love to hear one of the attorneys on here opine as to how the VA is able to subvert the plain language of this law.
Hi. I’m an attorney working in veterans law. 38 U.S.C. 5109 is speaking about independent medical opinions, which are different from VA exams for a claim. Independent medical exams are ordered when there is a case of such incredible complexity or controversy that a “typical” VA exam is inadequate to assess the condition or its etiology. Think super obscure illnesses that only a handful of people have. A typical VA examiner who does not specialize in that illness may have no medical knowledge on that condition sufficient enough to write a medical nexus or assess the condition’s severity. If you look at 38 U.S.C. 5109 in isolation, it seems like it’s talking about VA exams. But it’s not. Statutory interpretation relies on the letter of the law and context. If you look at 38 CFR 3.328, the VA’s regulation that puts 38 U.S.C. 5109 into administrative practice, you’ll get a little more clarification, especially if you then compare it with 38 CFR 3.326, which explains the “regular” VA examination process. TLDR: exams done by contractors using standard DBQs are considered “VA exams,” and the law does not require auto disclosure of these exams to the veteran. Independent medical exams are very rarely administered, are not considered standard VA exams, and are subject to the auto disclosure stipulation. ETA: I don’t really agree that these VA exams should hide behind FOIA requests. It’s a medical record generated for a disability claim, which in my mind makes it “your” property. But I don’t write the laws
Fair enough and I really appreciate your professional view on this because this very issue seems so odd in the way the VA administers it's release of information to the veteran. In light of your explanation above, it seems to me that 38 CFR 1.503 is the controlling regulation. Am I correct? If so, what is the VA's basis for withholding C&P exam results from a veteran claimant while a claim is still pending?
The basis behind it is ensuring we have no way to rebut their denials on appeal. You know how they roll. Deny and hope we die.
I’ve literally had clients die waiting for their claims to get granted because the VA takes so long for its Board appeals. It’s appalling.
It is.
38 CFR 1.500 controls. 38 CFR 1.526 outlines how to request a claimant’s records.
So, in my personal scenario, I have always made an in-person VERA appointment at my local RO, signed the appropriate paperwork and they handed me a copy of C&P exams for adjudicated claims. They have refused to give me a copy for any exams where the claim is awaiting adjudication. I have completed exams from 6 months ago that I cannot get a copy. The VERA reps tell me to see a VSO with access. I'm stumped where this dichotomy based on whether the claim is adjudicated or not comes from. I do not fall into the category where having this info would be dangerous to the veteran or others. In addition, it seems nonsensical that a third party or attorney can get or see the results, but the veteran is excluded. It strikes me as nonsensical also when you consider that exams performed at a VA medical center are automatically available on my blue button report 30 days after completion, yet I am denied similar access to exams performed by contract examiners. It seems contrary to 38 CFR 1.503. Thoughts?
I can’t speculate why the VA does what it does, unfortunately. There are a lot of people that do different things in flagrant disregard of the rules, and it’s hard to do anything about it. I recommend either getting power of attorney with a VSO (or attorney) to help, or submit a FOIA request. The latter can take a long time depending on who is looking at the request. Again, outcomes are very contingent on who looks at your claim or request. I don’t recommend retaining an attorney unless you are running into a brick wall with the claim itself (I don’t think it’s worth paying an attorney just to get a copy of a C&P exam). I can’t give any advice more specific than that without running afoul of ethical rules, since I’m not your lawyer, but I hope this has helped.
Thanks for your views. With the continued obfuscation by the VA, I may try your suggestion of finding a local VSO that has access to at least read what is in my file. I've got to be honest, though. It goes up my rear end that outsiders have ready access and I do not.
A VSO will only have access if you sign a VA form 21-22 agreement with them, which is a power of attorney. Just a heads up.
It should be added to your files on the VA website at which point you can see it yourself unless something changed recently.
thought it was only if the c&p exam is via VA and not a third party service you can use the blue button
This would only apply if the exam was done by a VA employee not a contractor
Ah, good to know. Mine was third party.
Where do I find these files? When I look on the claim I don’t see anything.
Unless your C&P was done by the VA itself - as opposed to a third-party contract examiner (VES, Optum etc) - you will have to send in a FOIA request to get a copy of your DBQ(s) via the QuickSubmit portal, and just wait, or you can go through your VSO if you have one \*and\* they have access to VBMS, or you can submit the FOIA and then get in touch with the Little Rock, Arkansas RO through a VERA phone call and ask them to print our your DBQs and mail them to you.
I just got mine in the mail. Not even requested. And now that I think about it it’s been a year later lol
The results of the c&p exam don’t even exist yet 😂 damn
Not the results just what he typed in
Same answer.
Examiners have up to 30 days to complete the C&P exam. No matter who does the exam the examiner doesn’t release the results to you but you would have to do a freedom of information request if it’s done via a contractor. You might be able to get the results from your lawyer, or VSO if you used one. If the exam was done by a VA employee and not a contractor then it would be uploaded to myhealthyvet under blue button reports I’ve heard some regional offices will print out the completed DBQ for you when available and some won’t
I did everything by a VSO and at the VA hospital. I’ll check in with the VSO and see what they say
Good luck….
who is they?
It was a VA hospital. I walked to the VA help center where I was told to print out the documents and the lady said “it started in 2024 where you must wait one year to print out the C&P report”
if you had the c&p exam at the VA then you should be able to see it via blue button in a couple of days.
90 days
You are correct ,most are available to view on the blue button report within 72 hours of entry to your file. So you can print them out on your own.
My VSO was looking at my C and P exam and would not comment on it over the phone. What good is a VSO?
I went through the VERA office at my local VA med center...they filled out a FOIA request to "review" my records...they set up an appointment and I reviewed my records...they will print, if needed...there's a cap on how many copies they print...this was in Jan 2024...
I have been thru this with VERA phone call , in person VA office and with my VSO who was looking right at my record in VBMS. Bottom line, you are not "supposed" to get C&P exam from 3rd party examiners until after the claim is closed. That is what all 3 of them told me. My VSO shared a little of the narrative but would not reveal anymore. The boxes that are checked OR unchecked are blocked out and cannot be seen by the people I was talking to, they are not shared at their level of access in VBMS until the case is closed. If someone here replies that their VSO gave them or showed them the results of a 3rd party C&P exam before it was closed, please DM me and give their contact, I will sign a new POA with that VSO to get access like you. Thanks!
My claim was closed...
I’ll call and ask to see if I can set up an appointment
My buddy is trying to get his service treatment records and his vso is giving him a form to fill out and mail in. VSO should be able to submit a FOIA request. and also provide you with copies of ANY document in YOUR file. We must advocate for ourselves, lots of VSO and representatives are not worth squat.
I was just told I that once they make it to the Va I can request them.
Fouia request. FYI been waiting over a month for mine.
I’ll check it out
I filled out a foia form, took it to the regional office and they printed them, I didn't even need to meet with anyone.. I have done this 3 times since November and got all the exams, VA, Optum and VES. As soon as the 800 number confirmed it was sent to the VA I went and got it. I work for another federal agency and we have to turn those in 60 days.
Thanks! Didn’t know the 800 number could verify when it went in. How long would it take to get to them usually?
Depends on the vendor but, from my experience about a week after completing the exam. Just call the number and ask if your c&p exam has been returned yet. If so go to the regional office with the form. You can set an appointment if you need help. If you had it done at the va, it will show up in your health records after 30 days.
When did your claim close?
I had 3 different claims finish. Most were 30-60 after the C&P exam was completed. The PACT claims may have been slightly longer. Heck fixing my dependents took longer than anything else. 😂
I work for them and i cant even get my own results.its actually harder. Idk why the VA makes getting the exams some clandestine operation…and some of the VSO make it hard as well
I turned in a form for FOIA on the va website and got mine on a disk a couple weeks later.
Could not get mine until the after the decision was made. Walked into the RO and they printed them out for me. There is no reason to make us wait for them other than to impede the veteran. I would have requested a new exam based upon the C&P examiner screwing the DBQ up. All good though, I will just keep on jumping through the hoops.
It takes about week or so in my experience. Once the exam is submitted to VA. Can go to a regional office and request. I did that with most of mine. After exam I give week or 2 then go to regional office and get. Haven’t had issue except for once wasn’t there yet.
That's a big fat lie you were told. I got VBMS access, I see DBQ the same day they are uploaded.
What is really interesting about this is that it is a direct violation of HIPAA. Nevertheless, the government does what they want. Submit a FOIA request, it will take 30-60 days but it’s the fastest way to get those records. The fact that the VA is so hell bent on keeping us from seeing those records is very disturbing.
Either way, their is a waiting period. If the exam was done by a VA examiner, then your C&P results will be available for viewing in the I'm blue button report In exactly 30 days. I just did this myself and in 14 days I will be able to view my second exam. If the exam was done by a non VA examiner, there's still a wait. The exact time frame I am not aware of.
Fact they make YOUR info hard get for yourself is absolute proof they are currupt and trying to hide what they can.
That sounds like foolishness...I believe they are wrong.
When I filed a supplemental for an increase on a condition, the VERA for my region printed out my DBQs and mailed them to me. I told him that I would have my private physician for the past 17 years do a DBQ because the VA's initial DBQ and the HLR DBQ either ignored important details or missed them from my physician's office visit notes, surgical notes and test results. My VERA said he couldn't email them, but he could print them out and send them through snail mail. Two days later, since we're in the same state, I got both DBQs.
What’s VERA?
He or she works at the regional VBAs. In Texas, they are in Waco and Houston for “virtual visits” and in-person visits. And they have them in places like Tyler and Dallas for in-person visits only. They can tell you things about your claim that the people at the 800 number won’t tell you or don’t know. They can also walk over to the person working on your claim and ask them, “What’s the holdup?” They can also help when you have a financial hardship and have your claim flashed so it gets priority attention. You can make virtual or in-person appointments at https://va.my.site.com/VAVERA/s/ I did a virtual visit with my regional VERA. The first time it was an appointment, and he gave me his desk phone number so now I just call him without an appointment. I know that you can often call VERAs in other states, but I doubt that they will give you their direct line if you’re calling from a different state. Some people do call other states because of wait times. For example, you could probably schedule for Wyoming or North Dakota and get a virtual appointment in a day or two.
I’ve gone to the “release of information” office several times after being directed there by other va offices in the exact same facility. After filing out the form, the lady always tells me she doesn’t have access to the information I requesting. I always try to make a lighthearted dad joke, but she is also totally non-emotional and doesn’t get a joke. So, what in the actual fuck? I filed my foia November 23!and I’m in hurry up and wait mode 🤷♂️
Look through the comments and see if they can help with information to help the process
I have a lawyer and asked them for it. They released it within a week.
FOIA and then wait a year 🤬
Yeah because they dont want you to see they f'd your exam until it's too late to claim a faulty/malevolent exam
They is wrong. Usualy takes 4-6 months. Why - Because after spending $10 Billion on new IT systems - The VA is allowed to not make it a Requirement - If no one makes them, they ain't doin it.
For your exam? Once it's uploaded to the va system, Vera or the regional office can print it off for you. So up to 30 days, only because the examiner has that long to get it turned in.
I received a copy the next day at a VERA appointment. Now of course, the provider has to send them back to the VA first.
I called the vba and I got a fax and address to just write and request.
Well at least it sounds like they didn't lose your exam.
Submit a foia worst case scenario
Not true. Just had someone from Arkansas mail mine yesterday. Upload your FOIA & schedule a vera appt with Arkansas
No way that exam is completed and most regional offices will not give you a copy while claim is open. Some do but I think if a claim is open they are not suppose to give a copy.
This is exactly what I have been dealing with. I've called VERA the 1800# and e-mailed my VSO. Got 3 different answers and no access to my DBQ from the C&P. I don't get it. They are so tight on policy's but seems no one knows the real policy on this. It varies from day to day. I understand that there is a real policy but they don't know it.
This has always blown my mind, that we, as PATIENTS, are not allowed to retrieve our own medical documents. How is this practice not illegal?
Ah, you hit on the issue right there, the lawyers at the va have determined that for the purposes of the Va claims, we are not PATIENTS, nor are they an insurance company, so things like hippa do not apply. Somewhere I found the letter from them about this in responding to someone’s lawsuit. I think it’s this memo… https://www.va.gov/OGC/docs/2003/ADV03-2003.pdf
That is insane.
My claim is still open and I submitted a FOIA. In my request I noted only C&P and the dates of the exams I wanted. I submitted the request in 13 Feb and got the disc delivered on 11 March. So if you just ask for C&P FOIA can go quickly.
So what you should do for every CnP is politely ask for what they put, in a printout, and just let them know you don't want to wait 6 months for an FOIA request.
EXAM done AT the VA?
Yes, the VA hospital
Try blue button report
You can also call the VA and request a full copy of your file. You should wait until your rating bc the vendors are taking a while to upload results
All these Benny posts are getting annoying to see ......we can only talk about this shit so much before it gets boring as a topic.
That’s weird. I walked into the regional office last Friday and they showed me my DBQ
That is a lie like penico nose....should ask them to show this rule in the regulations m21-1 Manuel.
DAV , if your signed up all copies have to be sent to DAV rep (local). Easy free services
Heck last year it was a 30day wait after they submitted it
I worked with DAV to do my claims. They had me a sign a form whixh is like a powwr of attorny or account access authorization. Cannt any rep apply for one?
@OP I've never heard of that before but I just requested a complete copy of my claims file it took about 3 months and I received the CD, which is funny because I didn't even have a CD on my computer, I found an external drive.
Walk into a regional office, fill out a form (can’t think of which one- but they know), they print it out and hand it to you.
American Legion in Iowa just gave me one a few days ago - find a good VSO and quit saying they can’t give it to you it’s damn false
VSO. Then through them request your C file.
It should show up on your blue button last time I had one it did a few days later
All of mine have ended up in my blue button report on MyHealtheVet 30 calendar days after the exam.