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Author Topic: VA not giving RFCs  (Read 7953 times)

MikeyB

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VA not giving RFCs
« on: April 06, 2013, 09:06:34 pm »
Same here with the rfc

Unfortunately being a Honorably Discharged Veteran under the Veterans Administration care does not warrant them doing those anymore (Even though they are suppose to do them says Congress)
So I was just out of luck at my hearing.
Wonder if the Judge will hold that against me and deny my claim even though I had no control over what the VA does or maybe he knew this was the case dealing with the VA and will just go by my very extensive longitudinal medical records?

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Kahuner

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Re: VA not giving RFCs
« Reply #1 on: April 07, 2013, 07:05:19 am »
MikeyB wrote:

Unfortunately being a Honorably Discharged Veteran under the Veterans Administration care does not warrant them doing those anymore (Even though they are suppose to do them says Congress.

Could you expand on the above?
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Bonzai

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Re: VA not giving RFCs
« Reply #2 on: April 07, 2013, 07:21:33 am »
It seems that contrary to VA Directive 2008-071, the VA has taken a stand that its providers will no longer be filling out paperwork requested by the veteran for purposes of obtaining Social Security.

At least, that the message being given to veterans at the Memphis VAMC.   :Main02:
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whatsnext

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Re: VA not giving RFCs
« Reply #3 on: April 07, 2013, 08:59:12 am »
I am also a veteran and my doctors refused to fill them out also every single one of them no matter how much I begged, my attorney even called my primary care dr  and left messages, with no call back. I still won at my hearing last month. The judge didn't say anything about it.  I had mountains of medical records for my SLE and I even had a stroke while waiting for my hearing. Don't worry about it too much.

digiview3

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Re: VA not giving RFCs
« Reply #4 on: October 01, 2013, 12:11:12 am »
VA Psych completed mental RFC form and VA DBQ form upon my request and wife won 100% VA Comp and SSDI...
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combatcop

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Re: VA not giving RFCs
« Reply #5 on: February 26, 2016, 10:50:44 pm »
Kudos mikeyB.  I was barley able to get any medical statements from my VA Dr for my employment needs...had to houndthem for weeks..
Was told outright NO statement will be given for ssdi needs, one govt agency will not do that for another govt agency
I did find the info that a directive was given to VA to assist veterans with ssdi. I'm currently nervous with hearing coming up next month, all medical records are from VA....also lawyer mentioned approval may be given from the date medical care started...OK, will judge consider the number of months I was on a waiting list prior to first appointment.. I was put on a waiting list due to my moving from FL to Tn.....Tn had no record of me....had I.D. card and in the computer system in FL....figure that!!!!!!!!!

Hudgins17

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Re: VA not giving RFCs
« Reply #6 on: February 26, 2016, 11:24:47 pm »
Deleted due to being a duplicate post.
« Last Edit: February 26, 2016, 11:57:03 pm by Hudgins17 »

Hudgins17

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Re: VA not giving RFCs
« Reply #7 on: February 26, 2016, 11:27:15 pm »
It seems that contrary to VA Directive 2008-071, the VA has taken a stand that its providers will no longer be filling out paperwork requested by the veteran for purposes of obtaining Social Security.

At least, that the message being given to veterans at the Memphis VAMC.   :Main02:

VHA Directive 2008-71 expired October 31, 2013.  That directive was an amended directive, and they had taken out the verbiage that specifically mentioned getting the medical information specifically for SSA claims.  Instead, the 2008-71 directive spoke more generically about getting medical information regarding functioning.

VHA Directive 2013-002 was published on January 14, 2013.  This directive designated the Disability Benefits Query (DBQ) as “intended for use by disability examiners (including disability contract clinicians), VHA primary care and specialty care providers, and private sector physicians."

Although SSA disability determinations are still not mentioned, it would seem that the DBQs would presumably be available for those purposes.

mikeyB,

Were you looking to have the RFC performed?  Or were you trying to get the documentation of the results of an RFC you had performed?

Reading through these directives, it sounds to me as though these directives address getting medical information on medical care already performed by the VA, rather than directing that the medical test/assessment be performed for the purposes of any disability claim.

I would highly recommend that anyone who is not getting their medical documentation as directed by VHA Directive 2013-002, contact your Congressman for help.  The VA has to get it's ship in order, and until it does, veterans are going to have to be their own advocate and bring this stuff to the attention of Congress critters.

EDIT:  I've had several requests for a link to the newer directive. It is a dot gov link to the PDF of the directive, so I'm going to take a chance and put it here, if the mods don't mind.  If it gets removed, send me a PM and I'll get it to you.

http://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2856
« Last Edit: February 27, 2016, 11:12:35 am by Hudgins17 »

Just Me

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Re: VA not giving RFCs
« Reply #8 on: February 26, 2016, 11:43:11 pm »
combatcop, the time you were on the waiting list will not matter. There had to be medical proof and the is no medical proof prior to when you started receiving care. You also need more than just medical records proving that you were receiving care. The medical records need to state your diagnosis, the level of severity of your impairments, how they affect you ability to function, treatments tried and their outcomes, etc.
Nerve damage in upper and lower extremities. Degenerative Disc Disease, RA.

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combatcop

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Re: VA not giving RFCs
« Reply #9 on: February 27, 2016, 12:07:34 am »
..waiting doesn't matter???? Maybe not to you unless that waiting period would cut your monthly benefits you should have received ,by 5-6 months........example you go to your dr tomorrow and your found to have a serious med condition that would qualify you for ssdi , at a later date your found ff from that date of diagnose....... I have the same situation but tomorrow when I go to My dr I'm told come back in 5 months and THEN I get the same diagnose and at a latter date found ff , why should be punished due to the fact I'm a vet and had to wait 5 months to see my dr when you got to see yours the same day

Just Me

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Re: VA not giving RFCs
« Reply #10 on: February 27, 2016, 12:12:26 am »
When I said that it didn't matter, I meant that it couldn't be counted. Your Established Onset Date will be when the medical records prove that you have an impairment that prevents you from performing SGA and not before because there is no medical evidence.
Nerve damage in upper and lower extremities. Degenerative Disc Disease, RA.

Hope the size of a mustard seed can produce Faith that can move mountains.

combatcop

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Re: VA not giving RFCs
« Reply #11 on: February 27, 2016, 12:56:29 am »
Thanks, sorry, to me it does matter and SHOULD be counted...again not my fault I had to wait 5 months for a face to face with Dr...
Wouldn't it matter to anyone in my situation????
Any other vet been in this situation???????
Just wrong!!

Helper

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Re: VA not giving RFCs
« Reply #12 on: February 27, 2016, 04:56:23 am »
Did you have a diagnosis/see anyone for care before moving?  Or just after moving & waiting 5 months for an appointment?

If you had a diagnosis/treatment started before moving but then a gap in care due to the VA issues, the ALJ might be willing to overlook gap in treatment - especially if you have been in treatment consistently since that time & the well-publicized issues the VA has had getting people in for care.

However, if you had never seen a provider at all about the symptoms, you are likely going to end up with an amended  onset date.  SSA needs medical evidence of an impairment & you don't have it until you actually were seeing someone.

(Not a Veteran but trying to help answer the question.)
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Just Me

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Re: VA not giving RFCs
« Reply #13 on: February 27, 2016, 02:03:21 pm »
The way it is viewed is if someone was put on a waiting list, then the condition wasn't severe enough at the time to require medical treatment. There is no medical evidence for that time frame. You must have a diagnosis of a medically determined impairment by an M.D. and there is other medical evidence that is needed such as treatments tried and their outcome, how the impairment affects your ability to funciton, etc. If you had gone to another dr and been treated and then gone to the VA when they got to your name, the situation would have be different.  Although there is no way to be sure what the medical evidence would show.

combatcop, personally I believe that our Veterans should get the highest quality of medical care that there is. I also don't believe that they should have to wait for it.
Nerve damage in upper and lower extremities. Degenerative Disc Disease, RA.

Hope the size of a mustard seed can produce Faith that can move mountains.

combatcop

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Re: VA not giving RFCs
« Reply #14 on: February 27, 2016, 05:01:01 pm »
Thanks for your reply...sorry for my rant
I guess 5 months isn't much when waiting for hearing more than 2 years...still sucks