Told I Never Requested Me C-file! Say What?

[Quint7]

I sent for my C-File before filing my NOD in late Feb. or early March of this year and a week or so after I actually went to Buffalo to drop off my NOD in person. I mentioned to the person at the desk who received and date stamped my NOD papers that I had sent for my C-file and she told me that she actually normally worked in the Privacy office and that my last name sounded familiar. She told me that the VA was paying people overtime on Saturdays to do nothing but copy C-files and that there was about 100 waiting, so I should have it in 2 or 3 weeks.

SWEET!

Or not. I called last week and again today to ask if there was any word on it. The first thing I realized was that I was not talking to anyone in Buffalo. Both times I was speaking to someone in Ohio... no idea why and it has never happened before. Both times I was told that there was no record of me ever requesting the file. Both times I was told that an email would be sent to the Buffalo Privacy office.

Today though I was told that IF my file had been copied it should show an opening and closing date, BUT it might not show anywhere but in the Buffalo office..... which I obviously wasn't speaking with.

I then callled the Buffalo office of the NY State Vets and asked if there was direct line they could give me as they are in the same building or if they could call upstairs or something so that I could find out what was up and resend my request if it was lost.. blah, blah, blah.

"we can't give that number or or do anything like that, sorry".

Ok, so, I guess I'm just ranting, but anyone ever have a situation like this or anything?

I ws hoping to have my C-file before sending everything off to Dr. Bash just in case there was something in there that I didn't have (like the actual exam worksheets from my C&P, instead of the "report").

Thanks! Jason

[allan]

Feb-05, I sent Dr Bash my SMR's, C-File etc and he wrote an IMO.

The AMC ignored it by saying, he did't have the entire C-file before him when he made the opinion.

In their Jan-08 denial, the AMC claims there is no record in my C-file, of me "ever" requesting a copy of the c-file. They also claim they never recieved any of the evidence Dr Bash requested I send returned reciept. These people claim ,the authinticity of the records I sent with Dr Bash's IMO (SMR's, C-file), can not be confirmed.

So, they denied the claim saying they can't find the records that was sent, but if they could they know they're not authinic enough to consider. I sent them eight or ten of the request for copy of C-file records starting in 1975. My requests for claim records were completly ignored for over 22 years. My claims file is full of unanswered requests for all my records and any fool that opened the folder would see that.

A simple error?

Maybe, but highly unlikely in the game of DELAY DELAY DELAY until your dead.

[Quint7]

I am surprised at some of the repiels.... well, no I'm not! LOL

If I don't get 1) my C-file, 2) a phone call or 3) an email by friday after my ptsd meeting I will be driving (more likely riding my motorcycle) to Buffalo to talk to someone in person about this.

The person I spoke to at the VARO was VERY nice and seemed helpful and genuine. I'm hoping that it is on the way. I don't think it would be sent FedEx, and mine is only about 4 inches thick (I know that my records are about 3 inches thick and the other folder at my C&P was smaller).

As for Dr. Bash... I have my decisions and my C&P that mention my medical records and incidents in them, so I would think that they can't "ignore" those and they are the important ones!

[Berta]

Vets -SAVE EVERYTHING-

Good thing I did- I have similiar pr0blem as Quint with this VARO-

They denied my CUE last year on one basis-

they said that in order for my husband to have been considered for SMC (100% PTSD and over 200% Sec 1151) he had to have had a Section 1151 claim filed in his lifetime and they said he didnt.

Well dont follow my words here- but this RO knows I dont mince words-

My rebuttal was the Hell he didnt.

And then I proved by virtue of VA case law in that rebuttal that this was not even significant to the CUE anyhow since the VA caused me to re-open his 1151 on the same basis his claim was -

his claim said he feared they would kill him- my re-open happened after the fact and the VA agreed -death by VA.

I have in my c file copy not only his Sec 1151 claim which they acknowledged months before he died,and said it was in Rating board 4 hours before he died, but in my c file is a copy of a letter which I actually saved here too from their former Director-

which was a cover letter when they sent me the c file copies and his Sec 1151 claim was right on top of the VA's stack.

"I also think it is strange that calls are being routed to Ohio instead of the Buffalo VA."

They used to route them to Boston when they got overwhelmed- by OHIO_ the worst of all- read Jim Strickland's recent series- he said a lot about how messed up Ohio is.

Today I tried Buff 800 again - they didnt disconnect me but I got busy signals 5 times.

[Quint7]

Ask and you shall receive!

So.... I got home from work and there was my C-file. A good 4 inches thick like I thought...... and now I know why; there are 3 and 4 copies of my civilain medical records in there. the ones I sent, the ones I RE-SENT after they said they didn't have any and the ones that the VA sent for!

I went through every page and so far, other than military dental records (which show nothing other than that I only managed to get my teeth examined 3 times in 6 years of active duty!), I have found that:

There is another knee incident MUCH later in my military sevice than I had in my records. (good)!

There is a copy of a letter requesting that I show for 3 C&P exams from 1994 that I have NEVER seen! (and were described as "undelieverable" in my original denial from 1994). The address is correct, so I have no idea why it was "undeliverable" unless it was cerified as I lived in an apartment complex at the time.

There is the letter requesting my back and knee C&P (2007) that showed that the VA employee called the wrong (i.e. from Los Angeles circa 1994) phone number and claims that she spoke to me and I denied requesting an exam. There is no mention of sending a letter (she TOLD me that she didn't bother as I told her I wasn't interested in an exam).

There is a copy of the C&P exam request for those exams and that they were cancelled (2007).

There is a copy of the request for the C&P exam that I did receive for my knee and back. (2008)

There are a couple of documents from my primary care doc (office nots) from around 2000 that mention me complaining of my back problems.

I am off to make a complete copy of the C-file to include for Dr. Bash. I am still sending him the entire file (with the pages numbered so that they can't say he didn't have the entire file) and I will include the few "new" pages in my presorted and highlighted pages that I have and have broken down into seperate folders.

I guess I expected more from the C-file.... such as a copy of the returned exam request from 1994 (since it was undeliverable) and the worksheets from the C&P exam, instead of the same "report" that I got from the clinic through the Freedom of Information office.

If anyone can think of anything that I am missing or should do (request to review my file in person to compare it with what I was sent?), please feel free to chime in. One of the things that I still think is crazy is that i received GI Bill benefits at the same L.A. address in 1994 yet my exam request was "undeliverable"????????

THANKS!!!!! jason

Edited April 8, 2008 by Quint7