Getting The C-file For An Imo

[free_spirit_etc]

Okay..I have been in limbo for quite some time about getting my husband's C-file.

My husband requested it mid-2006. Hadn't recieved it before he died Feb. 2007.

They told me after his death that it was still going to be sent - and I would get it in 30 days...which, of course, only caused a delay of another 30 days - before I called them again and was told I had to RE-REQUEST it.

I requested a copy last year - I sent a request to both view the c-file and obtain a copy. I was allowed to view it last JULY - but was told I had to wait for my copy - and I am still waiting - NINE MONTHS after my initial request.

They tell you it usually takes 6 months to get your copy from Chicago.

When I got the denial - I IRISed them and asked what I would need to do to get a copy of the Doctor's Opinion.

They told me to submit a written request; which I did. I asked that my request for a copy of the Doctor Opinion be expediated (i.e. sent during my lifetime) - as this was a LIMITED REQUEST.

I didn't recieve a response that they got it - so I did another IRIS asking that they give me a copy of the opinion while I was still WAITING for a copy of the C-fie I requested long ago.

They responded and told me that the rquest had been sent to the Privacy officer and that I would get a copy of the opinion FIRST (yippie) and THEN a copy of the C-file (as it is so LARGE).

Sooooooooo - I would sure like to request that they toll any deadlines that they have for anything - adding the amount of time it took for them to send me the information I needed for the claim.

And here is my major question at this point -

When I get the IMO - do I send the C-file to the Dr. - or do I submit a request for the VA to do it.

I know I saw a thread where the VA discounted their IMO stating they had not recieved a request to send the doctor the C-file - and though the doctor stated he viewed the file - he only mentioned things that were on the denial letter.

(Hmmm - how odd that a doctor would only address the issues the VA had stated were important).

Anyway - should I put in a request for THEM to send the doctor a copy of the C-FILE - and if so - does it also take them forever to send it to the doctor - Or do they send those out within the veteran and / or their dependent's lifetime?

Free

[Pete53]

Free:

When I got my IMO I just supplied my Military SMR's not my C File. I also gave the Doc the Statement of the case from the VARO.

My Doc basically shredded the VARO and used my Military Records to diagnose that I had Panic Disorder while serving in the Army. He wrote a four page IMO and it helped me establish 30% Service Connection although I was receiving SSD for it and was not working and the Doc said I was unemployable.

So if this is advice I would think that you should make copies of pertinent records to give the Doc but not every page. Just my experience and opinion.

Good Luck

[Josephine]

Free,

When I saw Dr. Crowley this what he wanted to study and to keep for

his

records were all my military medical records, all the letters from

the different doctors after service and their medical records as well

the 300 pages of Dr. Payne and he also wanted the two C&P'S and

anything that I thought would help him to make his objective opinion.

For Him, I made him copies of my SOC and SSOC. Remand by BVA and (two

tons of probably unnecessary papers Personnel Records, etc)

He has it all if the VA ever request or contacts him and they may

have, for he is in D.C.

I wanted to once answer your question.

I don't know a darn thing about the VA, but I am getting there.

Thanks bunches for all of your research and help and carrying me

around for so long.

Always,

Betty

Edited March 13, 2008 by Josephine

[hurryupnwait]

Free

I requested a copy of my complete c file in May, 2007. I still did not have it in October 2007. I had an appointment with Dr. Bash in Washington DC in late October, so I called the AMC in DC and requested two hours to review my file and that I would have Dr. Bash with me, he is in a wheelchair, could they please accommodate him. They said they would have to have an employee in the room with us for those two hours. Then, I said, if you could have a copy ready for me to pick up, then I would need only about 5 minutes, I could take the file to Dr. Bash.

The complete copy was ready for me to pick up the day I had my appointment with the Doctor, he reviewed the complete claims file and examined me.

I am not sure if the VA will send the c file directly to a doctor. If they would, I m not sure it would be faster than sending it to you.

Happy Trails

Paul

[tssnave]

Free,

I don't get why it is taking so long to get your husband's cfile. Both times I requested mine (sent to the FOIA desk through the DAV located at the VARO) it took around a month. The second request was delayed a bit because they wrote me a letter back saying I had to send them $10 for the second copy, which I did, and they sent the second copy of the cfile w/in another 2 weeks. If you aren't using a vet rep in the VARO I would suggest doing so. You still have responsiblity to work your claim but they make sure your docs are bar coded with a cover sheet and get to the VA (so the VA doesn't "lose" them), they can walk over to the FOIA desk and find out what's up with your cfile copy, and they know about your Decisions and call you before the VA sends out the actual paperwork. While I know that some vet reps aren't that great (I've had 4 and 1 never returned my calls - too busy getting promoted to actually work claims - the other was a first class jerk - the second couldn't remember who I was, though he was a nice guy - and the final one was caring and easy to work with and a good advocate) they do get docs to the VA and they can go ask questions on your behalf and they do let you know the outcome of your claim before the VA does.

Now, having said that, with all due respect to the other posters, here is my thinking and understanding of just what documents you need to give the IMO doc - everything the VA has in making their Decision the IMO doc should have. Yes, it may be a million pages and yes, it may cost a mint to copy it (it might even be cheaper to pay the VA $10 for a second set than copy them yourself depending on how quickly you get your cfile copy requests) but to have a level playing field, the IMO doc needs to review your entire cfile just like the C&P doc does. THEN, have him state that he's reviewed the cfile to include a, b, c..... in the same order that the evidence is listed in your latest Decision. This was a tip from the DAV. This way, the VA can't say that the IMO doc didn't look at the same thing they did because the list on their Decision and the list on the IMO is the same.

I don't know if it is within your rights to ask the VA to send a copy of your cfile to your IMO doc but even if it was I wouldn't do it because then you lose command and control of the records (what is sent, where it is sent, when it is sent and to whom it is sent). Get your cfile and copy it and give it to your IMO doc yourself then YOU know that it's been done properly.

I can't figure out why getting a copy of your husband's cfile is taking so many months. I hope you have a vet rep who can walk over to the FOIA desk and ask them (this is why my vet rep did when the VARO said they no longer had my cfile while it was in appeals - not a good feeling - he got it resolved in an afternoon).

I hope this helps. Keep us posted on your progress.

God Bless,

TS

[free_spirit_etc]

Thanks - I was wondering... mostly because of the one poster saying that the VA specifically said that since THEY hadn't sent the doctor the C-file - they were questioning that he actually saw the whole file - though he said he did.

As if THEM mailing it would have made a difference. I mean, come on - just because THEY mail it - does that mean he is going to look at the whole thing?

Since this is a post service diagnosis of illness - and we aren't even saying he had any symptoms in service - the SMRs aren't totally relevant - but I know they need to be sent.

Ironically, we pointed out that As this IS a post-service diagnosis - the POST service medical records are most relevant.

They have all kinds of regualtions covering post service diagnosis - and merely having a diagnosis post service does not preclude SC if the nature of the disease would show it was more likely than not incurred in service.

But no matter how much we point out HEY FOLKS! This was DIAGNOSED Post Service! LOOK at THOSE records! They keep going back to the SMR's and say - NOPE. He wasn't diagnosed in service.

Duh..........

Thanks - I know more what to do now - to cover my bases.

Free

Free:

When I got my IMO I just supplied my Military SMR's not my C File. I also gave the Doc the Statement of the case from the VARO.

My Doc basically shredded the VARO and used my Military Records to diagnose that I had Panic Disorder while serving in the Army. He wrote a four page IMO and it helped me establish 30% Service Connection although I was receiving SSD for it and was not working and the Doc said I was unemployable.

So if this is advice I would think that you should make copies of pertinent records to give the Doc but not every page. Just my experience and opinion.

Good Luck

[free_spirit_etc]

Betty,

Thanks. That is really helpful.

Sounds like your doctor had LOTs to look at.

I was thinking of you today when I was calling half the governmental offices in the country checking up on all my other stuff going on.

I kept saying "If Betty can do this - I can do this. ;)

Free

Free,

When I saw Dr. Crowley this what he wanted to study and to keep for

his

records were all my military medical records, all the letters from

the different doctors after service and their medical records as well

the 300 pages of Dr. Payne and he also wanted the two C&P'S and

anything that I thought would help him to make his objective opinion.

For Him, I made him copies of my SOC and SSOC. Remand by BVA and (two

tons of probably unnecessary papers Personnel Records, etc)

He has it all if the VA ever request or contacts him and they may

have, for he is in D.C.

I wanted to once answer your question.

I don't know a darn thing about the VA, but I am getting there.

Thanks bunches for all of your research and help and carrying me

around for so long.

Always,

Betty