I Am Getting The Run Around On Getting A Copy Of C-file

[Will]

I am getting the run around from the Chicago Regional office on getting a copy of my c-file. Any ideas had to approach this

[Berta]

Might be wrong here-

Will- if this was an FTCA or Section 1151 matter- I have mentioned this before-

C file copies MUST be requested before you file under Sec 1151 or FTCA-

Otherwise VA writes 1151 all over the file and you will probably have problems getting the file.

The C file and med recs should be obtained BEFORE even filing 1151 or FTCA as that is where the evidence of negligence will be found if it occurred.

I got my husband's c file 2-3 months after he died-prior to filing my 1151 claim and they didnt know I had filed FTCA claim.

a few years ago I needed a better copy of one single med rec- and it took me over 4 months and some BS legal crap to get this sole copy of a med rec-

the med rec I had sent them had been xeroxed by VA and the xerox cut off the Chem readings I needed.

[vaf]

This is an update on my husband's request from the VA Office of the General Counsel in obtaining a copy of his temporary claims file from the VARO here in Louisiana. We finally received the documents this past week, and included in the file was communication from the OGC to the VARO, including e-mails, asking what had happened. The VARO stated that they had no communication from us, even though we sent to the OGC copies of IRIS e-mails back and forth between us and the VARO, plus a copy of a letter sent certified mail, with a copy of the green receipt card stamped, signed by the VARO, and returned to us.

What chapped me was the use of the phrase "the veteran allegedly asked for his claims file," when we sent written proof that the requests were made repeatedly over the course of six months before we wrote to the OGC. Anyway, the VA OGC did tell the VARO that it was to let the OGC know when the files had been sent, and the OGC did write to my husband to confirm receipt of the file.

Bottom line -- if you don't get your claims file copies from your VARO in what you consider to be a reasonable amount of time, don't wait as long as we did. Contact the VA OGC in Washington, D.C., and NOD your VARO's apparent denial of your request for copies of your file under the Freedom of Information Act.