Can the VA refuse to treat a 100% service-connected veteran citing their case as "too complex," and also refuse to outsource them for care?

Yeh, some departments even within the large VAs like mine in DC don't have the virtual visits working at all. It seems to vary quite a bit. I hope you were able to get an appointment of some type, even if just telehealth (every VA should have a phone, I'd think). Yes, big hypocrisy pool with the VA! Best of luck to you also!

Well, at least per USC Title 38 you MUST be seen within 30 days or outsourced. This may vary based on your service-connected rating. I hear you, though-- and it's not acceptable at all! Have you tried any of the ideas people have so kindly mentioned in this thread? Some of those might help you also. Don't give up-- go up the VA chain-of-command and if you're still stuck, try dept chiefs, your patient advocate's office, a chief of staff or even the director's office. At my own VA in DC this hasn't helped an iota, but for most people it should in theory help you out. Being armed with Title 38 info has gone a long way for me over the years. Between that and the MISSION Act, hopefully you can get seen sooner or outsourced. The new outsourcing program has been working better once you can get referred, where the first years were rough and barely working at all. Sure wishing you the best!!

SSgt Lisa J. Markland - I felt that my Rep. was closer to me, figuratively speaking. Reps have smaller districts to represent, while Senators have essentially the whole state. Traditionally, the House is more representative of the people’s interests, the Senate (supposedly) the state as a whole. I also had a much easier time reaching my
Rep than either senator. Your Rep should have an office fairly near to you, wherever you are in the state... I believe you said you were in Washington? Probably a totally different animal. I’m from that side of the world, but I stayed in the East when I was medically retired. Good luck!

PO2 Ron Harlan - Yeah, I'm outside of Washington, DC but get much of my care through them and the rest through our relatively new (much closer) CBOC. I'd been working with my congressman successfully until the last shift change, and then came a few years of constant political distractions (that's not a partisan comment)-- which is why I eventually reached out to my senator. The current caseworker is in a senior position and has been awesome trying to help but she's going out on maternity leave in September. I don't think she's dropping the ball, though... so maybe I'll make some progress soon. I've definitely got her attention and desire to help. I live in Maryland myself. Where are you on the east coast?

I'm just curious how anyone even got anyone from the government to even reply to them. I had a situation in which I had undeniable proof that the VA had been going against their own diagnosing criteria and rules and regulations to intentionally deny me benefits for over a decade and I attempted to contact every seated congressman and senator that my state has had within the past ten years and every single one of them eventually just quit talking to me at all without even doing anything, I even attempted to contact senators and congressmen from other states as well when I was constantly getting no answers and absolutely none of them every even initially replied to me.

SSgt Lisa J. Markland - Sorry- I lost the thread for a while… I am in central Virginia; Richmond area.

I was only active duty for training (initial and several advanced training schools/courses since I was aeromedical evac (BMT, land survival school, water survival school, physiological chamber training, my very long/intensive tech school for being a medical service specialist followed by all the C-130 training, etc.). But no TRICARE eligibility and when I got discharged they didn't tell me until it was too late that I was eligible for retirement if I'd been medically discharged instead, but was given an "Honorable" discharge without anything medical showing up, even though I was profiled from my service-connected spine/neck injury-- and almost more oddly, they didn't on paper even discharge me for that spinal injury but my right knee, which took until just a few weeks ago (fighting it since 1992) to get service-connected, and then only at "zero" percent. I hear you on the VA being broken. I tell people that all the time, that when the system works and provides things, it's amazing, but most of it's just an ongoing fight for basic care and supplies. I sure do appreciate your wishes and help! Best to you as well!!

I should have also explained that I was originally in the ANG and then transferred to the USAF Reserves, but to maintain flight status we were on missions every two weeks on average and then did regular 'away' schools. I wasn't active duty other than for AF training and also for peacetime missions. My unit was activated and deployed for Desert Shield/Storm but I'd been injured LOD in March 1988 and couldn't go with them. I was kept in until the stop gap ended and then discharged honorably in the summer of '92. I served since Sept 1985.

SSgt Markland
Have you tried to contact a VA Patient Advocate? They may be able to help. Not sure but find out who to contact ( Military Department in St. Louis, MO. or Air Force )( Veterans Service Records - http://vetrecs.archives.gov) (Military Personal Records, 1 Archive Drive. St. Lewis,MO. 63138-1002, to get your Military Medical Records or go to the VA and ask for your Medical Records. If you have any Medical records at home, make a copy and give them to the VA " Keep the original's ". The more paperwork you can produce the better case you will have.
Good Luck and I hope this helps
Brian Colwell (RET. MSG)

MSG Biran Colwell - Thanks! I actually have my entire military medical record going back to my initial physical. It's the only way I won most of my claim after over three decades from my service-connected injuries. They initially tried destroying part of it because the IG was on base when it happened and six of us were injured, so they tried not reporting it, doing a safety report, or even treating me. That's when I learned of the FOIA which froze things-- and although they thought they'd removed all evidence of what I was claiming... ooops...they forgot a page-- which is what saved me. Of all things it was Bethesda Naval Hospital that took care of me as an Air Force vet back in 1988 when my unit and Andrews were refusing to treat me at all, racking up crazy private medical bills for my spinal injury. I actually made a claim against them for reimbursement and with a then congresswoman's help, won that part back. I just replied somewhere else tonight about the patient advocate but the short version is the only response I've gotten from them over years of attempts to get their help was them telling me they don't get involved in what I needed assistance with. That still seems really odd at best, since they are "patient advocates." Reading so much of the responses here it makes me wonder if the DC VA is just REALLY messed up. They are known as the "Flagship VA" because they get the dignitaries, etc.-- but they seem to be all fluff. Millions of dollars in renovations to look "pretty" but really badly failing in so many ways when it comes to treating their veterans. I'm far from alone in this complaint there. I just don't get why the problem persists.

Thank you for the suggestion… That’s what I did… I went to my senator after not getting far with my congressman. Still slowly chipping away at these issues with the VA. The problem with the representative being an advocate is they send a letter to the VA and the VA writes back and nobody communicates anything clearly and that seems to be where the dead end is. I am persistent and not giving up, because I can’t afford this care otherwise. In some cases I am still waiting for outsourcing that they actually agreed to do last November (2021). So much for CITC getting things done in less than the 30 days. I just got exasperated with the whole darn system.

Sorry to hear that you feel that way. Still, you need to keep trying; not all employees know every possible in-and-out of the department they work for. Plus, if you're not submitting inquiries to the right office, you probably won't get the answer. Try the patient advocacy office for the local VA hospital (healthcare / treatment, but not C&P exams) and the public contact unit for the regional office (for disability claims, exams scheduled for disability claims called C&P exams, education, and dependency). Keep in mind there isn't "one VA", but many separate departments. Make sure you're hitting up the right one.

SPC Joshua Dawson - https://www.va.gov/health/patientadvocate/

SSG Mike Busovicki - I attempted to reach out to every possible avenue that anyone I ever talked to over the past 12 years could even think of and no matter what it all eventually falls on deaf ears. I was getting denied for PTSD for over ten years because the VA was simply stating that I had it before I enlisted, they never provided a single piece of evidence to support even saying that but they were allowed to deny me for ten years by just saying that. Then once my ten year appeal finally went through, this year, the VA turned around and illegally lowered two of my other rated disabilities without even having an appointment or a physical exam and the two disabilities were already designated as static. I attempted to fight this as well but once again all my complaints fall on deaf ears and nobody will even answer an email or the multiple letters that I've sent out with copies of all the information proving the VA illegally lowered my ratings, this was also done after I was already designated 100% permanent and total as well.

Tell you what... why don't you email me at work and let me see if I can find something in your file that can help you. I don't want you to have to disclose any additional personal info on a public forum. How does that sound? My work email is [login to see]

for more info, please see: https://www.va.gov/health/patientadvocate/