Veterans Admimistration gender amendment issues

[Jonianne]

I have been trying to process my gender marker change here at my local VA hospital and it has been quite a story. The person who suppose to handle it is the Privacy Officer and she had no clue. I sent her VHA directive 2013-003 and specifically page A6 paragraph 20 and 21, which spells out very clearly what must be done. All I need is a Dr's letter, worded exactaly how they discribe in this directive and it should be no issue. Even after that, they first said I still had to have an amended birth certicificate and then later a court order. I kept refering them to the directive and finally they relented but said that I needed to give them a court order showing my name change. ??? I already gave them that last year when I changed my name! But they still want it. It's like they are flailing about in the wind. They finally said they will send it off, but not sure if it will be approved.

Anybody else gone through this?

[RADER]

The VA can be a very stubborn group. Just keep at it, and they do like paper work,
I think they thrive on it.
Rader

[BOBBI G.]

The VA administration can be really stubborn and definitely stupid. When I finally get the $ to go through the courts for my name correction (change), I will already have my Dr's statement in hand. Then I go to Social Security and then to the DMV for my new license and gender marker. Once both of these are done, I should have enough paper to get a new ID at the VA, but refer to the first sentence. We shall see. Oh yeh, I live in SE Florida and am fortunate to have a gender liaison to help me with VA related problems.

Bobbi

[Donna Joanne]

Hang in there Jonianne, if you have had prior dealings with our beloved VA you know how they can be! But never surrender, never give up! The wheels of the "machine" turn so slowly someday, but they are turning. You just have to look closely to see the movement somedays!

[Nigella]

It is nice to know that the colonial vets have somewhere they can turn to, this side of the pond there is nothing remotely like this group, although there are associations available.

Hope your little SNAFU is quickly remedied Jonianne :hugs:

[Michelle.M]

I have been trying to process my gender marker change here at my local VA hospital and it has been quite a story. The person who suppose to handle it is the Privacy Officer and she had no clue. I sent her VHA directive 2013-003 and specifically page A6 paragraph 20 and 21, which spells out very clearly what must be done. All I need is a Dr's letter, worded exactaly how they discribe in this directive and it should be no issue.

You are quite correct. Even so, it is not uncommon to encounter staffers who just don’t get it, or don’t want to. These people must sometimes be convinced with their supervisor’s help.


Even after that, they first said I still had to have an amended birth certicificate and then later a court order. I kept refering them to the directive and finally they relented but said that I needed to give them a court order showing my name change. ???

An amended birth certificate is not required (I have been named and gendered correctly for over 2 years, birth certificate is still in the works). HOWEVER, if you want them to use your female name and gender you will have to have a court order for that.

And here’s why. In the US we do not have a national bureau of vital statistics as they do in some other countries. It’s a state thing, and the federal government defers to the entity that has the authority (your state) to provide the appropriate name change and gender documents.

SO, here’s how it went for me: I was born in Wisconsin, but have lived in Texas since I was 13. As a Texas resident I was able to get a name change and gender marker change in a Texas court without surgery, and this was sufficient to change every thing that identifies me except for birth certificate.

I do not know what Texas’ rules for birth certificate change are, and it doesn’t matter. I have to get my birth certificate done by Wisconsin, who requires surgery to validate a change.

But as long as you have the name change and gender done on a court order you’re good with the VA. Don’t stress about having to give them another copy of your name change order to get the data in your VA record correct. You are dealing with government employees. As a vet you should already be familiar with how that goes.

Oh, and it did take a while for me to get it done, but mainly because my region only has one guy doing it and he was gone / busy / backed up / whoknowswhatelse and it took forever for him to get around to me.


They finally said they will send it off, but not sure if it will be approved.

It will be approved. Embrace the pain now and smile later. But be prepared to go to the patient contact rep if it comes back disapproved, which I doubt will happen.

[Eryn]

It is nice to know that the colonial vets have somewhere they can turn to, this side of the pond there is nothing remotely like this group...

Actually, there is. You call it the NHS.

The difference is that, with the VA, the only people eligible for medical care are retired-from-the-military veterans and those with service connected medical issues.

[Donna Joanne]

Not necessarily true Eryn, also depends of dates of service. Mine was in the late 70's which was still included in Vietnam era so I have VA Medical but not retired or disabled.

[Eryn]

There are a few other people eligible for the VA and I just hit the high points. Like all government bureaucracies there are many special exceptions and groups that defy logic. The VA themselves throw up their hands and tell vets:


Since there are a number of other exceptions to the minimum duty requirements, VA encourages all Veterans to apply so that we may determine their enrollment eligibility.

http://www.va.gov/healthbenefits/apply/veterans.asp

I love the "so we may determine" part!

[Jonianne]

And here’s why. In the US we do not have a national bureau of vital statistics as they do in some other countries. It’s a state thing, and the federal government defers to the entity that has the authority (your state) to provide the appropriate name change and gender documents.

SO, here’s how it went for me: I was born in Wisconsin, but have lived in Texas since I was 13. As a Texas resident I was able to get a name change and gender marker change in a Texas court without surgery, and this was sufficient to change every thing that identifies me except for birth certificate.


......But as long as you have the name change and gender done on a court order you’re good with the VA.

Thank you for the info, Michelle. I have a court order for my name change, but not a gender change. I can change my gender in Virginia on my DL w/o a court order, but you are saying I need one for the VA? I cannot get that by my state untill after surgery. That is not what the requirements say. They say you need one of the "following", which includes bc, court order, passport or Dr.'s letter. In fact you only need the same letter to change your gender on a passport. All three agencies, to me, have the same streamlined wording. I don't know. If I have to, I will get the passport done first and take that as the paperwork (which is the exact same requirements that the VA is suppose to follow). I have the social security change with no problem (just the 2 hour wait in the waiting room). The medical part of the VA has been wonderful to me, the admin is the sticking point. LoL




It will be approved. Embrace the pain now and smile later. But be prepared to go to the patient contact rep if it comes back disapproved, which I doubt will happen.

[Michelle.M]

I have a court order for my name change, but not a gender change. I can change my gender in Virginia on my DL w/o a court order, but you are saying I need one for the VA?

That’s a good question. My court order had both, so I was wired from the get-go.

You need at least something to get the VA to change your gender. They won’t do it just on your request. My advice - get your DL done and then your passport, take both to the VA. Since the passport is a US Dept of State document (which has a bit of weight in many circumstances) the reluctant VA staffers you’re dealing with should fall in line and do what’s needed.


The medical part of the VA has been wonderful to me, the admin is the sticking point. LoL


That’s about the sum of it, right there.

[Jonianne]

Thanks again Michelle. Here is the statement about only one of the following documents is needed. This is what irritates me with them, they do not understand what is said in plain English:


paragraph 21, a. "One of the following is required as supporting documentation: Legal documentation (i.e., amended birth certificate or court order), passport or a signed original statement on office letterhead, from a licensed physician. Sex reassignment surgery is not a prerequisite for amendment of gender/sex in the Veteran’s record."

Either (1) a legal doc of some sort, (2) passport OR (3) signed statement from your doctor. It doesn't say all 3 are needed. It doesn't say 2 of the 3 are needed. Only one. I don't know how to get them to understand it more plainer.

Now, they did call me and said they will submit it, today. I will let you know if it goes through. Thank you again, Michelle.

[Jonianne]

Update:
Today I called to find out the status of my request and they said they submitted it on the 23 of Sept to Health Administration Services for their approval and it takes up to 30 days.
This should be just keyboarded in. At the SSA office, I turned it in to them the same day with the same Dr.'s letter and within 10 minuets the clerk had it keyboarded in. She called me a couple days later and said that the change was now in the Social Security system. Why does the VA have to take so long? Hopefully it will be done next month.