why is my attorney having me talk to a civilian doctor if the va has my medical records

Can’t find your VA medical records?

Jul 12, 2013 · If you applied for service-connected disability compensation for post-traumatic stress disorder (PTSD) and were denied benefits, an opinion from a private medical doctor can help increase your chances of being successful on appeal. The VA calls these opinions "Independent Medical Opinions," or IMOs. They are also sometimes called nexus opinions, …

Is it hard to get a private medical opinion from the VA?

#2: Talk to a VA Accredited Attorney. The second thing the Veteran can do is to talk to an attorney with experience handling Veteran’s claims for disability compensation . Every time the VA does this, they are playing a game – Veterans should read the “changed diagnosis” in the VA C&P exam as underhanded game playing by the VBA, and ...

What can a veteran do if the va changes a diagnosis?

Sep 30, 2019 · Basically, your VA medical records will soon become available to any civilian doctor who is part of the VA Mission Act, as well as the company who funnels payments from the VA to civilian doctors.

Can the VA share your medical information with private doctors?

Feb 01, 2022 · Here are a few additional things you can do to help a medical institution find your missing records: Be Persistent. Many veterans have received letters from the VA stating that their medical records cannot be found. However, the VA has a duty to continue to request medical documents needed for claims every two months, so don’t give up hope if the missing records …

Does the VA have access to civilian medical records?

Yes, the VA will share all the medical information it has on you with private doctors. This may even include details on medical treatment you received while on active duty.Sep 30, 2019

Does the VA have to follow Hipaa?

In addition, HIPAA requires that VHA provide veterans with the following: A copy of VA's Notice of Privacy Practices. ... Also, HIPAA requires that VHA has written privacy procedures, designated privacy officers, and privacy training for all employees and contractors.

How do you prove anxiety is service connected?

Meeting VA's Requirements for Anxiety Claims Veterans can prove entitlement to service connection by pointing to service records from around the time they first noticed psychological symptoms while on active duty. Lay statements, counseling records, or records of job changes may also be useful.

Can you claim VA disability without medical records?

If veterans do not have service personnel records or service medical records related to their in-service event, injury, or illness, they may consider submitting other forms of competent and credible evidence, such as lay testimony.Apr 20, 2020

Can VA medical records be subpoenaed?

There are no direct limitations to subpoenaing medical records from the VA. ... The internal rules will apply and limit objections that can be raised in discovery, e.g. if a VA employee believes he or she should not have to attend a deposition for some reason.

Is VA disability confidential?

VA is bound by strict confidentiality and privacy provisions laws and regulations related to social security, families, health, child support and disability services. These provisions limit how VA collects, maintains, uses, and disposes of your information and when and to whom it may be disclosed.

What percentage of VA disability is anxiety?

10% VA Rating for Depression and Anxiety A 10 percent disability rating also represents a less severe form of depression or anxiety. The veteran may experience mild periods of high stress resulting in minor social and occupational impairment.Aug 26, 2020

What is the VA rating for anxiety?

When it comes to mental health conditions, such as generalized anxiety disorder, the likelihood of receiving at least a 30% rating is high. Again, you just have to prove that the condition is service-related. Those who deal with minor social and occupational impairment because of their anxiety receive a 30% VA rating.

Is Social Anxiety a VA disability?

If You Are a Veteran With Social Anxiety, You May Be Eligible for VA Disability. Social anxiety is a debilitating condition that can make it difficult to work, sustain meaningful relationships, and even carry out normal daily activities. It has a number of causes, many of them involving genetics and brain structure.

Can VA denied a claim without a C&P exam?

Can Veterans Get a VA Rating Without a C&P Exam? ... Specifically, if a veteran's initial application, or claim, for benefits is submitted with all the required information, documentation, and lay evidence necessary for a favorable decision, then VA may not need to schedule a C&P exam before issuing a rating.Oct 2, 2021

What if VA cant find medical records?

If several attempts to find the missing medical evidence have failed, you can still win your VA disability case if you can find other evidence of the accident or treatment. The evidence in your file may show a sudden drop off in health or a leave from duty that can support your assertion that an event occurred.

What is the VA 5 year rule?

The VA disability rating 5-year rule states that the U.S. Department of Veterans Affairs (VA) cannot reduce a veteran's disability rating if it has been in place for five years or more unless the condition shows sustained improvement over time. In this situation, the veteran's rating is considered a stabilized rating.Oct 27, 2021

Can I lose my VA health benefits?

You can save money if you drop your private health insurance, but there are risks. ... If you're in one of the lower priority groups, you could lose your VA health care benefits in the future. If you don't keep your private insurance, this would leave you without health coverage.Oct 13, 2021

Does the VA investigate disability claims?

The first time that the VA re-examines a veteran's disability is usually six months after the veteran leaves military service. ... Your re-examination will typically be scheduled for some time between two to five years from the date that you are initially awarded disability benefits.Jul 23, 2021

What are VA secondary conditions?

A secondary condition, according to the VA, is any physical or psychological problem that is worsened by a service-related disability. A secondary condition could have been something a veteran suffered from before they entered the military that was worsened by a service-related injury.Jan 14, 2021

How do you prove a secondary service connection?

Veterans will need to demonstrate two things to VA to be granted service connection for a secondary condition:A current diagnosis of the secondary injury, illness, or disability; and.Medical evidence showing a link between your service-connected condition and secondary condition.Dec 14, 2019

Who gets VA benefits after death?

Eligible persons include the veteran's spouse or surviving spouse, minor children under age 18. children between the ages of 18 and 23 who are attending an approved school, and children over age 18 who have been determined to be permanently incapable of self-support ('helpless').

Do veterans get free dental care?

If you are a Veteran who has recently served (e.g. OEF/OIF/OND), you may be entitled to a one-time course of free dental care, but you must apply for dental care within 180 days of your discharge (under conditions other than dishonorable) from a period of active duty of 90 days or more.

Does the VA spy on disabled veterans?

Allegedly, some veterans have made it a fulltime job for themselves looking for veterans who may be defrauding the government. Veterans have sent us many cases where unsuspecting disabled veterans have been spied on for weeks and convicted of fraud.Apr 25, 2018

Does VA investigate PTSD claims?

VA generally handles claims in which the veteran's PTSD was caused by an assault or trauma relating to personal assault in the same manner as claims involving non-combat related stressors. In many cases, military records may not document the assault and there could be a lack of evidence.Apr 3, 2021

What is the VA 5 year rule?

The VA disability rating 5-year rule states that the U.S. Department of Veterans Affairs (VA) cannot reduce a veteran's disability rating if it has been in place for five years or more unless the condition shows sustained improvement over time. In this situation, the veteran's rating is considered a stabilized rating.Oct 27, 2021

What medical conditions qualify for VA disability?

You may be able to get VA disability benefits for conditions such as:Chronic (long-lasting) back pain resulting in a current diagnosed back disability.Breathing problems resulting from a current lung condition or lung disease.Severe hearing loss.Scar tissue.Loss of range of motion (problems moving your body)Ulcers.More items...•Jan 13, 2022

Do you get back pay for secondary VA disability?

What is VA Disability Back Pay? Veterans qualify for disability benefits before their claims are processed, but won't start receiving the benefits until after they are fully processed. The VA pays Back Pay for the period of time when the veteran qualified to receive benefits to the time the benefits begin.

What conditions are secondary to ankle pain?

Common Secondary Conditions to Ankle Conditions Plantar fasciitis can be caused by a sudden injury to the ankle, which may cause the foot to roll one way or another. Knee pain—If an ankle is consistent, or goes untreated, it can cause knee pain.Dec 23, 2021

What is the highest VA rating for erectile dysfunction?

VA Disability Ratings for Erectile Dysfunction VA ratings go from 0% (no disability present) to 100% (full disability). Unlike other disabilities, the VA does not have a specific disability rating schedule for erectile dysfunction. Instead, they rate ED under 38 C.F.R. § 4.115b.Apr 22, 2020

How do you prove hypertension is service connected?

How Can I Prove Service Connection for My Hypertension? Hypertension is another word for high blood pressure. To be eligible for monthly compensation, your blood pressure must have a diastolic measurement (the bottom number) of 100 or more or a systolic measurement (the top number) of 160 or more.

What conditions are secondary to tinnitus?

Not only can tinnitus be a secondary condition that develops after service as a result of TBIs, hearing loss, head and neck trauma, etc., but it can also lead to other conditions such as depression, anxiety, migraines, and sleep apnea.

My VA Doctor Says I Will Get Benefits, So I Will, Right?

Your primary care doctor who works for the Veterans Health Administration, and disability compensation decisions are made by a separate branch of t...

What About A Compensation and Pension Exam?

The only time a VA doctor can write a medical opinion about your claim is when they are required to, after what's called a Compensation and Pension...

Why Do I Need A Private Medical opinion?

A private medical opinion can help you to get your disability compensation claim approved earlier in the process, including after your first applic...

How Can I Get A Private Medical opinion?

Sometimes a private psychiatrist or other doctor that you have been seeing you for some time will voluntarily support your application for benefits...

What Records Should I Give The Doctor?

If you have a doctor who will be writing a medical opinion for you, you will want to give the doctor: 1. your military medical records, including y...

What Should I Tell The Doctor to Write in The Letter

The psychiatrist or doctor should open the letter by talking about how long he or she has known you and the type of treatment he or she has provide...

What is the C&P exam?

The C&P Exam – aka the Compensation and Pension exam, or the “Comp and Pen” exam – is part of the VA’s Duty to Assist. In certain situations, the VA is required to assist the Veteran in applying for VA Benefits by sending a Veteran to a VA Doctor to get one or more of the following: a) a diagnosis of a condition,

Does the VA treat PTSD?

Since that time , the Veteran had a clear history diagnosing (and treating) PTSD in at least 2-3 VA Medical Centers and Outpatient Clinics. Each time the Veteran sought disability compensation for his PTSD, though, the VA denied his claim for combat-related PTSD. Nevertheless, he continued treatment through the VA.

With Whom Will the VA Share Your Information?

Public Law 115-182, better known as the VA Mission Act, says that the VA can share your medical information with health care providers who need to know your health history before caring for you. That makes sense.

Who Is Affected by This?

According to a copy of the letter Military.com received, any veteran enrolled in, or eligible to enroll in, VA health care will have their information shared. This affects pretty much every veteran who didn't get a dishonorable discharge.

Should You Worry?

To be fair, is this something you need to get upset about? That depends on your point-of-view.

When Does This Take Effect and What Should I Do?

According to the VA, all medical records will be shared by Jan. 1, 2020. If you are OK with that, there is nothing you need to do. If you don't want your information shared, you need to opt out by using VA Form 10-10164.

Stay on Top of Your Military Benefits

Not sure what your veteran health care benefits are? Keep up with all the changes and details. Sign up for a free Military.com membership and get all the latest updates straight to your inbox.

How to File for VA Disability if Your Medical Records Are Missing

If someone has told you that your files cannot be located, you should not simply give up on your attempts to find them. There are many instances where veterans have pursued their records requests diligently, and the records were eventually discovered.

Using Alternate Evidence If Your Medical Records Have Been Lost

If several attempts to find the missing medical evidence have failed, you can still win your VA disability case if you can find other evidence of the accident or treatment. The evidence in your file may show a sudden drop off in health or a leave from duty that can support your assertion that an event occurred.

Contact the VA Disability Attorneys at Cuddigan Law

The attorneys at Cuddigan Law can help you find the evidence you need in your case, and we do not charge you anything unless we win you your VA disability benefits. For more information, order our free book, The Essential Guide to VA Disability Claims, or call us today to get started on your case.

Is Asker a disability?

Asker, in general an adjustment disorder, unlike a personality disorder, can be considered a disability under Title 38 ( DVA). For simplicity (and issues related to Title 38 are not always simple), it would be beneficial for your current mental health treatment provider to draft a correspondence indicating the relationship between your current diagnosis (depression and anxiety) and your military service if he/she...

Does the VA pay for personality disorders?

Generally, the VA does not grant benefits for personality disorders, and often will deny a claim for benefits because of such a diagnosis. The problem is that many times, military and VA practitioners misdiagnosis other problems as personality disorders...