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

[free_spirit_etc]

That is one of their games then. Holding the evidence in their court. Though I will say the VA takes their own sweet time - they do seem to be a bit better than other agencies about giving the appearance of being willing to give you the stuff.

Most likely because they have had to deal with masses of veteran's upholding their rights.

I have also requested my son's medical records from Social Security. Our copies were destroyed in a flooded basement. Have since found that the schools and hospitals have purged their records on him (from 14 years ago) - and Social Security has a THICK file of his old medical and school records.

Am trying to get a copy - since they are the key to proving he was disabled PRIOR to age 18/ 21.

I WANT MY OWN COPY.

They hemmed and hawed around -- telling me I should request them through "appropriate channels" (i.e. if someone needs evidence - they want to release the records directly to THEM - not give them to US to give to them).

Nope. I want a copy.

They DID give us an appointment to SEE them 7 months ago - and told us we would get a copy "in a few weeks" - they are working short, very busy, the file is so LARGE, etc.

Stopped by again this week - they are still "working on it..."

Now get this - DFAS can't accept Social Security's statement that he was disabled before age 18. They have to have a Medical Treatment Facility Statement. And THEY can't take Social Security's word for it either - unless THEY see the records of what tests Social Security did to declare him disabled.

Geez...

Free

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

[free_spirit_etc]

LOL - Now THERE's a thought. Maybe I should IRIS them and ask them if they think they will have my copy to me in a couple weeks - because I need to have time to make copies. And tell them if it will take longer than that, I am sending $100 for 10 additional copies to send to REAL doctors...LOLOLOLOLOLOL

Chicago Regional will tell you off the bat that it takes AT LEAST 6 months to get them from them. Of course, when I viewed the file last July she gave me sticky notes to mark what I wanted copies of - so I could get those copies sooner.

But I think they actually lost track of me - and thought that since they let me view the file, my request had been handled. NOT.

So - I gave them their 6 months and have started following up. == Reminding them that I have not recieved my copy yet. I was nice about it. (As I still haven't recieved the copy of the C-file I requested last summer --)

I actually just got my FIRST letter that they recieved my request for records.

The IRIS said the request had been sent to the Privacy Office.

But I think they should go by the date of my request - not the date they sent it to the Privacy off -- as to where I stand in the list of people they are making wait.

You made some very good points.

I don't have a VSO at the time. I honestly haven't had time to follow up on the VA claim that much. I wanted to get SOcial Security and DFAS done first - and my husband's estate closed - (and all the other crap that comes up) so I will have time to focus on it more intensely -

I know there are good VSOs and not so good ones. I just haven't been willing to risk getting a not so good one yet. All I do NOT need is one more idiot to deal with right now. Now maybe I won't get an idiot. But if I do - I would like to trade in 3 or 4 of the current idiots I am now dealing with - and be done dealing with them - before I risk adding another potential idiot to the mix.

Free

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

[Berta]

Pete was right- way down in the posts here-

The VA docs should have the C file at a C & P exam-

IMO docs- like Dr. Bash usually dont need the c file-but

They DO need SMRs (In many cases but not all)and the Clinical records-which are the copies of the veteran's complete medical records.

Having said that-

In my case Dr. Bash did not need the veteran's SMRS- his claimed misdiagnosed initial disability was presumptive and his AO exposure was proven long ago-

What Dr. Bash DID need from the C file were some past SOCs, and VA medical crapola -even from 1996-and some OGC information-

and of course the VA medical records, autopsy etc.

The C file often just contains VA determinations-SOCs stuff like that, C & P results, and maybe copies of med recs that the claimant had sent to them-for their claim

It is the claims file-

It CAN contain some very interesting stuff that can help a claimant-

But in most situations-it is the Medical Records and the SMRs that an IMO doctor will need.

And only that in the c file-such as a prior C & P exam or SOC etc-that will help them to develop their IMO.

The C file is required to be present at a C & P exam and the VA doctor is supposed to read through it prior to the C & P.

This has never made sense to me- as the C file might contain nothing of interest to the C & P doctor for the actual medical purpose of the C & P.But in fact contain past VA denials that a C & P doctor can use to support another lousy C & P result.