- May 11, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Frustration over Restricted Access to Medical Records
Many individuals are feeling frustrated and exhausted by the limitations placed on accessing their own dbqs, which are our medical records. The process of having to file a foia or relying on the discretion of various agencies for access to this valuable information is causing unnecessary obstacles for individuals seeking to manage their own health care.
With the advancement of technology, AI Legalese Decoder can be a valuable tool in navigating the complexities of legal language and processes. By using this tool, individuals can gain a better understanding of their rights and options for obtaining their medical records without unnecessary barriers.
## Mobilizing for Change
As a united group, there is strength in numbers – with millions of individuals affected by these barriers, there is a significant opportunity to push for change. By coming together and advocating for greater transparency and accessibility to medical records, we can work towards creating a system that prioritizes the needs of individuals seeking their own information.
Calling on those with expertise and knowledge in legal processes and advocacy, such as smart veterans, can provide guidance on effective strategies and actions to push for change. Utilizing platforms such as Change.org and creating fundraising initiatives like GoFundMe for legal representation can help amplify our voices and bring attention to the issue of restricted access to medical records.
Through collective action and strategic advocacy, we can challenge the current restrictions on accessing medical records and work towards a more transparent and patient-centered system. Together, we can push for change and ensure that individuals have the right to access their own medical information without unnecessary barriers or limitations.
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AI Legalese Decoder: Simplifying Complex Legal Language
Introduction
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How AI Legalese Decoder Can Help
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Additionally, AI Legalese Decoder can also provide explanations and definitions for common legal terms, helping users to better understand the context in which they are being used. This can be especially useful for individuals who are not familiar with legal terminology and may be feeling overwhelmed by the sheer volume of unfamiliar words and phrases in a document.
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****** just grabbed a
I agree!! It is our records, why can’t they just post it on the app like a letter.
They should be available once the claim is completed because not having them impedes our ability to file a timely and informed appeal. The FOIA request timeline essentially runs the clock out on vets who need the DBQ information in order to file a good appeal on time. It does matter. I was denied for a claim that I submitted in November and the language used in the denial goes against the language the examiner wrote in the DBQ/MO. I know this because my VSO let me take a look at the screen while he had it open. However, because I do not have a copy of it, I cannot upload it and reference it with my appeal. All I can do is hope the HLR rater is better at their job than the original rater was. I had a C&P exam today and the examiner actually filled out the DBQ while I was sitting next to him. He actually said that he wanted me to see exactly what he was writing so there would be no surprises. That was nice.
They should have it on healthyvet once its been adjudicated.
I think there should be a petition to look into the exam contracts. There are way too many bad examples of what happens during the C&P exams since they’re farmed out to bids.
If they release the dbq we will have more insight and figure out what we need and the gov doesent want that
This post should be a no-brainer, yet there are those who are against it. I can’t think of any legitimate argument against having access to the DBQs.
If I’m unable to pull them from my VSO, then that means a denial or improper rate could go the better part of a year before I even receive the foundation on which to base my appeal, then there’s actually drafting the appeal.
Back when I could request my local VSO for the DBQs, I’d already have my arguments prepared in case of a denial. In fact, I did endure a bad exam once; the physician essentially lied about everything because she believed I should have been diagnosed by a doctor of a different specialty.
Since I was able to get the DBQ about a week later, I dissected it and drafted a statement of rebuttal and included every single record that proved contrary to their opinion. By the time I received my denial, I submitted an HLR the very same day and was ultimately successful in the claim. Since I already had access to my DBQs, I only had to wait 3 months for the HLR instead of 6-12 months for the DBQ and then 1 month to draft the appropriate response and then potentially 3 months for the HLR.
Easy solution provide your own DBQs from a competent professional who you see for care.
The dbqs were previously visible in your vamc records when comp and pen was there since va shifted to the contract exams its no longer easily sourced for the veterans
I have sent a email into Senator Moran , about this exact issue. First no one will quote the exact regulation. I just filed a FOIA request to get the information and emails to justify this policy
Better yet, when we login to submit our claims, there should be a link to download your whole C-File.
The should also step you through a claim better, for examle.
1. Do you have a current diagnosis? Upload it here
2. Do you have a Independent Medical Opinion? Upload it here
3. Do you have a DBQ? Upload it here
4. If you do not have a DBQ, request a C&P exam here.
5. Inform us of the dates of your in-service event in your medical records.
You get the point, it should spell it out every step of the way. The way it currently is, it makes you do too much guessing. That in-turn makes you submit claim without even a diagnosis.
If your doing a secondary, it should follow this:
**How Do I Establish Secondary Service Connection Claim?**
In accordance with **38 CFR § 3.310** disabilities that are proximately due to, or aggravated by, service-connected disease or injury, a current disability condition, which is proximately due to or the result of a service-connected disease or injury shall be service connected.
Service connection on a secondary basis requires a showing of causation.
A showing of causation requires that the secondary disability claim be shown to be “proximately due to” or “aggravated by” another service-connected disability.
There are three evidentiary elements that must be satisfied to service connect your VA Depression secondary to Tinnitus:
* **#1. A medical diagnosis of the secondary disability condition you’re attempting to link secondary (e.g., a diagnosis of Anxiety and Insomnia) AND**
* **#2. A current service-connected primary disability (e.g., your current VA disability for Tinnitus) AND**
* **#3. Medical nexus evidence establishing a connection between your service-connected Tinnitus and the current disability you’re trying to connect, which in this case is Anxiety and Insomnia.**
The **FIRST** part can be satisfied with any existing medical evidence in service treatment records, VA medical records, or any private medical records. Upload current diagnosis here.
The **SECOND** part can be satisfied with a veteran’s existing service-connected disability rated at 0 percent or higher, which in this case, is Tinnitus.
The **THIRD** part, and often the missing link needed to establish secondary service connection, can be satisfied with a credible Medical Nexus Letter (Independent Medical Opinion) from a qualified medical provider. Upload IMO here.
I bet if they did that, there would be less mistakes by the veteran submitting claims.
Another thing is if your C and P examiner adds claims to your original claims but the VA rater doesn’t rate them how are we suppose to know unless we get the Cfile
DBQs are not medical records. Thats why they call it a “benefits questionnaire” and use lawyer phrases like “at least as likely as not.” You’re basically talking to an insurance adjuster, not a car mechanic.
It would create more issues.
I have seen vets complain their exam was 5 minutes and complain about it being bad, yet they were rated for it.
Then there are vets who say their exam was 2 hours, extremely thorough and are denied service connection.
They should be available after the rating is assigned.
I think dbqs should be readily available after a decision is made but not before. most of ya’ll are some impatient karens, that will go and raise hell even before it gets in front of a rater. Let them do their jobs first, maybe they’ll request a second opinion etc. I feel sorry for the folks that drive 2.5 hours to try to get a dbq but claim to not be able to get out of bed for anything 😂😂. imagine trying to use all that energy in trying to improve your life instead of stressing about dbqs before a decision is made.
Somebody start a petition. I’ll sign and I’ll ask every vet in my family to as well.
Has anyone tried getting ahold of thier representatives or senators about this? There are a few that if they can catch a wind will raise hell.
I’m down for a petition. Where do I sign???
What I have been told when trying to track the status of my FOIA request for my C-File. (I do not know if this is true or not since I’ve never seen any DBQs yet.) The 800 number, on two occasions, stated that the medical contact info and medical provider contents need to be extracted before release of the DBQ — workload pushes all the FOIA requests to the timelines we are experiencing. I too need my DBQs to work a potential supplemental for Cancer. I agree the answer is BS and likely, based on other comments here the releasability of “our” DBQs are being treated as “contractor records”. This issue seems to have gotten worse since the advent of the contract support for the exams. As a former AF Acquisition support contractor — a common issue for our org was often the release of “contractor records” if there was no direct language in the contracts about the files we were after. As the OP requests — a recommended approach (and any VA employee pipe in here).
1) Obtain a copy of the support contracts (likely another FOIA) for all the medical vendors and look for language in the contracts for controlled information or releasability of the exam records. A long shot is these contracts are posted within the VA system or on the Government Contracting databases. I’ll reach out to a former Contracting officer and ask and post the answer here.
2) Congressional inquiry into the contract language with specific respect to the control and release of DBQ and C-Files to the Veteran. If someone has experience with a letter format — and no I didn’t check the knowledge base (my bad) – share a letter (or a link to one) to flood our representatives.
3) Based on contract language submit via Congressional channels a contract mod or request the direction of the contract mod in funding restrictions (yea — not a short process).
I don’t have any short duration answers outside of still finding that VERA location that will get us the copies we need.
My two cents.
I would like to see them as part of the claim decision.
I understand they probably have a reason for not doing it.
They’re not medical records, to start. Also it would almost certainly cause way more problems than it solves. Every fraudster vet would be claiming bad exam immediately after each one. There’s already a path to get your DBQs. Just be fucking patient.
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There is a really easy solution to getting a copy of your dbqs . Find the regional office close to you. Go there ask for the form to request your dbq.. As long as the appeal is closed.The office will issue a copy of the requested dbq. I’ve done this 3 times now.I usually get the copies with In 30 minutes
He is right but my main thing is there is no punishment for both the VA or the docs doing the examinations for “failure to aid ” if this was a normal doc you would be able to call the medical board and have them investigated for it but the VA has red tape to save both of them (I have six failure to aid all of it is now in HLR hell for a year and some change)
I’ve never had a problem getting my DBQs. They’re always in my blue button report within 30 days of the C&P.
I’m able to see all of mine on Tricare Online
I respect all of your opinions even if I don’t agree with them. Thank you for clarifying that they are not medical records. Grunt v Brain.
But hear me out, if we started a go fund me and every vet that has had to go through this donated $5 we would have enough for legal representation and marketing to get this issue in front of voters.
This sub is full of complaining about this issue. congress is not going to do anything unless they tie it to an Ukraine spending bill or other “need to pass” legislation, and only then begrudgingly. We should do something ourselves.
This is all I am going to post about this issue. I respect your disagreement, but remember, It’s not just about us today but every veteran that serves for decades to come.
https://preview.redd.it/0vuebhhmj1zc1.jpeg?width=1284&format=pjpg&auto=webp&s=ad388c80a9c547bcec452e4b146228c334ab7816
Terrible idea. Most of y’all are fkn assholes and you’ll just whine and bitch and clog everything up even more. You can see your DBQs already, ask a VSO or contact your regional office. Just because you can’t see it instantly doesn’t mean it’s bullshit. Most of y’all just want your way and you cry when you don’t get it, and that’s exactly why it’ll clog everything up when you don’t like what you see. And I’m sure everyone will be extremely coolheaded and NEVER confront the examiner right after… It’s just a dumb idea
They don’t want us seeing them because they know we will be even more disgruntled when we see how much they lie on them. Before it posts to our claim that e should be allowed to see it and put in our appeal before it even goes to a rater. If you see a DBQ where the examiner clearly copy and pasted a DBQ which doesn’t match reality, we should be able to see it and stop it from going to the rater. It is a waste of everyone’s time to have the DBQs go to the rater and then have us appeal it when we see our rating weeks to months later. After the DBQ is done we should have to verify it and sign it stating that we agree that the DBQ is an accurate representation of our condition, and if it isn’t, that is when we should be able to dispute the inaccurate parts. If something is inaccurate but we don’t have evidence, then it should go to deferred to get that evidence. Instead if they don’t have Information needed they just deny it and you need to start a new claim, which is what clogs the system.
A lot of examiners are lazy pieces of shit liars who are ripping off the VA. They like to get that free check from the VA for doing bogus DBQs. They shouldn’t get paid until we sign off on the DBQ.
There’s a way to see them
How could anyone be against this? It literally make’s zero sense to make up a reason for access to be behind an attorney or terrible VSO. I gotta call 🧢 on naysayers being a veteran, even with the benefit of the doubt access to my medical records shouldn’t be your concern. Furthermore, the VBA sends them on request, which can take longer than 1 year to receive. The process is dumb on all levels when the year is 2024 of our Lord and technology already allows the VBA to securely email you’d other documents via email in a matter of seconds.
I had something strange I placed a FOIA request and had to wait 6-1/2 months just received yesterday my claim is still in DTA.
I asked my VSO to get me copies of my AcE exam in September and he said he couldn’t get them…. I have them now 😀
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