Widow Denied C File

[Judy]

I got a letter from the Kansas Military Archive Records that "your request cannot be honored; this request must come directly from the VA"; is that correct? I thought the vet or the widow of entitlement could request a copy via the proper form 3288 (which I did).

Anybody had this happen to them?

Judy

[Berta]

I think they mean the records have been retired but the VA will get them as soon as they begin to process your claim.

[Judy]

Well, as I stated earlier, the St. Louis Archives denied me a copy of the C File saying "this request must come directly from the VA" etc. I forwarded copies of the correspondence to my SO but haven't heard a word from him. I called and got his secretary who said she would point it out to him so (SO or VA?) would request the file.

Now today in the mail I received an envelope from St. Louis (?) with copies of all Jim's DD 214's and a letter stating "The service medical records for the veteran have been lent to the Department of Veterans Affairs. We suggest that you contact the nearest VA Regional Office to obtain copies of the records."

Yesterday, I received a telephone call from the VARO Records Release Department and a lady informed me that she would check on the records but they are so old they may not be available at all. She stated that she was confident that the clerk who processed my original request for ALL medical records (post service and related ONLY to VAMC Houston) had done so correctly, however she would check to see if anything was overlooked.

I handcarried the 10-5345 Forms completed to the VAMC (2 separate forms per their instruction) and ALL I received from Rec. Rel Dept was the Lab records! No Oncology, Radiology, Urology, Dermatology, Pharmacy etc etc....

They had all these records 17 years ago or I would not have gotten copies of them back then.

Thank God I have those copies (still) but am trying to get the missing records to fill in the years that I am missing. Doesn't look hopeful that they will find them at this point.

Dr. Bash is really wanting us to see the med recs (missing 1970 - 1974) as it contains a recurrence and would provide strong evidence that the VA decrease in disability rating from 100 to 30% (1970 and only 12 months after SC 100% discharge) was in error.

I can only hope.

I'm not sure how much good the in service med recs will do me since I have copies of the original diagnosis/surgery/treatment and prognosis related to the SC Disability and retirement order.

I want to see the C File and am not sure anything is being done about it at this point.

Judy

[cowgirl]

If I read your post correctly, you need the CFile, complete SMR, pharmacy, etc details. I once requested a CFile copy to see my claims data and got only the medical records from my VA visits. I had to request specifically in writing what I wanted the next go round. I requested copies of my Compensation CLAIMS file and SMRs. I learned they had to be specified, spelt out in detail what I wanted, cause they come different departments. Took me near a month to get them too. Whole process for my entire CFile copy took over three months. So, I hope that your request gets honored ASAP and you get the records needed.

My story, before release from AD I was fortunate and got copies of my SMRs. Now compared to VA copies of my SMR have found "extraneous" information removed and discharged (somewhere) out of my records. Some extraneous information that didnt appear in VA SMRs (aka originals?!) were those pesky lil lab slips, XRay half page consults to eye clinic, etc.

Another thing I have also learned is that surgery records, at least for my records of hospitalization, were kept seperately from my SMR (Inpatient versus Outpatient records) during the 70s and 80s.The surgery records list anethesia administered and components used during procedures, tyoes of stitches etc.

I've been thinking and I wonder. Is it possible that you can make VAMC Customer Service "in person" appointment to see all Veterans Administration Medical Records they have on paper and in the computer for your veteran? Can you request any treatment and lab records from each specific clinic by name for your veteran? Just a thought. Best to ya,cg

[Judy]

Thanks Cowgirl.

I am really lucky because I am a pack rat deluxe. I actually have the SMR's (originals) from 1968/69 when the original Lymphoma diagnosis was made. The surgery, radiation records, Pathology Reports and physician's notes; I have them all. I also have MOST of the VAMC med recs for the post service years HOWEVER, the 1970 through 1973 recs are missing (as in NONE are there) but in 1974 they pick up again. I need the 70-73 recs to substantiate recurrence and they are telling me they may not be available. Hmmmm.

Separate issue: I sent to St. Louis for archived C File as VARO told me to do and got back a letter from St Louis Archives that they could not honor my request for the C File and VARO would have to request it. Today I got the DD214 copies (all of which I already have, oh well) and they said in the letter that the veterans file has been "lent" to the VARO Houston now and I should contact them about it. Okay, I just don't know what ALL is in the file and what they sent to VARO. Guess I'll call VARO to see what they received and if I'm lucky, maybe they can find it.

I have a very good set of clinic records, physician notes, lab reports and much more but I would love to have the things that are missing as they are critical to my case for EED and CUE also.

I did go to VAMC in person to make my requests for records and they have nothing but all documents were warehoused (they were so old they said) so I gave them the proper forms requesting (IN DETAIL) each and every department, clinic, pharmacy, lab, radiology, oncology, urology and etc records/notes/reports that I wanted. Then 3 weeks later I received a skinny brown envelope containing lab records. Period. Nothing else. My previous post takes up here as to them calling me and crawfishing about what they don't have. I KNOW they have more than just lab records!

I reopened my SC DIC claim, opened an 1151 claim and I will know if I have a CUE after I get to view the C FIle (IF anybody can produce it that is). Guess I'll trod onward and upward as so many have already done.

Judy