Requesting Records

[free_spirit_etc]

A Statement of Case I received refers to a Medical Opinion. I sent an IRIS to ask for a copy of the opinion.

They told me to send a written request and tell them what opinion I am referring to, since my husband's record is so "large."

My questions are:

1. I REVIEWED his case file last July and didn't see any such medical opinion. Is it possible they have the date wrong? And they didn't request the opinion until October 2007 - instead of 2006?

If so - should I mention that? (i.e. I don't want to spend forever waiting for this opinion only to receive a letter telling me their is NO opinion dated Oct. 19, 2006) Or since I AM asking for the opinion they referred to in the SOC - will they most likely send it, even if the DATE is wrong?

2. I asked for his ENTIRE C-file LAST JUNE.

My husband requested his file in August 2006. But they didn't provide it by the time he died in Feb. 2007.

I had to RE-REQUEST it after he died. I sent a written request on June 14 of 2007 asking to:

a. recieve an copy of his entire C-file

b. be allowed to VIEW his C-file

c. expedite a limited request for a copy of his discharge physcial while I was waiting for the entire folder.

This was on ONE request.

They let me view the C-file July 2007. But have not provided me with a copy.

They usually say it takes 6 months or more to get a copy. They never did find a copy of the discharge physcial (though one of the VA doctors referred to it in his opinion.

However, I have NOT recieved the letters my husband used to get telling me they are working on it. So I am beginning to wonder if they figured since they let me SEE the file, they don't have to follow up with giving me COPIES of the file I requested.

I am considering adding to THIS request that this request does not REPLACE the request for the ENTIRE C-file I submitted last June. But I am concerned that if I even MENTION getting the whole C-file NOW - they might stick this request in the "we will get to it in 6 months pile" - and I would like to get this SOONER than that.

So is it okay to send in this LIMITED request NOW - and then follow up after I get this medical report with a reminder that the June 14, 2007 request for the ENTIRE C-file has not been fulfilled?

This is a copy of what I am sending:

Privacy Act Request for Access Letter

January 20, 2008

Re: Privacy Act Request for Access / FOIA request

Re: xxxx

CSS xxxx

To Whom It May Concern:

This is a request under the Privacy Act of 1974.

Please consider that this request is also made under the Freedom of Information Act.

This is a limited request for records under the Act.

The Statement of Case I received from the VA dated November 8, 2007 states that part of the evidence considered was a Medical Opinion dated October 19, 2006.

The Reasons for Decision section states:

“To assist in gathering evidence to support the claim, we requested a VA medical opinion. In response to that request, a VA physician reviewed the records and noted that the symptoms noted during the veteran’s treatment in the service suggest manifestations of viral respiratory tract illness, and that none of the episodes can be reasonably linked to an early manifestation of lung cancer. “

In order to assist in the development of my claim I would like to receive:

1. A copy of the Medical Opinion dated October 19, 2006

2. A copy of the request for a medical opinion the VA sent to the VA physician.

3. Copies of any other documents related to the VA’s request for a medical opinion and the VA physician’s response to that request.

Thank you,

xxxxx