Got My Husband's C-file

[free_spirit_etc]

I finally got my husband's C-file I requested last year. They sent this one priority mail.

I requested an extension of time to submit evidence - since my one year is up June 7 and I JUST NOW got the C-file I requested LAST June.

They haven't responded to my IRIS request.

The C-file has some med records of a couple of other vets in it. Kind of a Privacy Act Violation kind of a thing, I suppose.

The C-file does NOT have my husband's discharge physical - which they have not been able to find - nor have they admitted they lost it. There is a notation in the SMR's that the physical was done - and says see attached form. And some of the C&Ps mention something that was in the discharge physical - so the VA DID have it once upon a time.

Also - on my saga of the VA reclaiming my husband's last payment from MY bank account - though I was told in the IRIS responses that the money had to be reclaimed and that I could not be issued a check as there was no evidence I was his widow (Yeah. Right. SEVERAL copies of our marriage license and my name is listed as SPOUSE right ON the DEATH CERTIFICATE). Anyway - there is a transmital in the file instructing Finance to NOT reclaim the money - as I was the surviving spouse and entitled to it. The form was dated in JUNE 2007. The VA reclaimed the money in AUGUST 2007.

SO I am going to ask for them to GIVE IT BACK.

I also have not been paid for his burial allowance yet. I filed a claim for the burial and my father-in-law filed a claim for the plot. ($300 each). Anyway - there are notes in the file that they LOST the claim. And there is a letter where they asked my father-in-law to REFILE it, and admitted to him they lost it.

Another issue is the Medical Opinion they obtain from the VA - which was used to deny my claim. The SOC states they used the Medical Opinion of October 2006 as evidence. There is NO medical opinion dated October 2006.

There IS an opinion with NO date - that pretty much says what they said the October 2006 one did. However, this was probably issued in October 2007 - because the Request for the Opinion sheet is asking for information about CAUSE OF DEATH - and my husband didn't die until Feb 2007.

Anyway - several issues I have with that are:

There is NO date on the Request.

Though we SPECIFICALLY sent LOTS of information that my husband's cancer STARTED in the service, regardless of whether there were any symptoms - and in fact noted that there were NO symptoms - and gave them medical evidence that MOST lung cancer IS asymptomatic until late stages - the ONLY thing they ASKED the VA doctor to opine on was whether my husband had any SYMPTOMS in service - or within the presumptive period - that could be attributed to his cancer.

I guess I will let that go for now - and get an IMO that addresses the actual ISSUE - and then point out that though their doctor DID opine that no symptoms appeared in service, he did not CONFLICT with the evidence I am submitting that it STARTED in the service.

Heck! My husband didn't have any SYMPTOMS when they removed the 3.1 cm tumor.

Also - the VA medical opinion is NOT dated, and I see NO signature. But it says "OVER" at the bottom of the page - and they did not provide me with a second page.

Should I send them an IRIS and tell them I am willing to trade them the other veteran's medical records that are in my husband's file for the second page of the VA doctor's opinion and a copy of his discharge physical?

Free

[LarryJ]

OR, better yet, tell them that you will trade the OTHER veterans files that YOU have....with YOUR husband's files that are in the OTHER veterans C-File.........hmmmm?

[free_spirit_etc]

LOLOL

Or ask if I am supposed to use my husband's social security number on my claim now, or the social security numbers and home addresses of OTHER veteran's they have provided me with.

Free

OR, better yet, tell them that you will trade the OTHER veterans files that YOU have....with YOUR husband's files that are in the OTHER veterans C-File.........hmmmm?

[Pete53]

I went to the VA today and they have posters all over the building that they are protecting SSN's for Veterans and Stamp out unnecessary use of SSN's.

The first thing that happened at the lab was the lady wanted me to print my full name and full SSN #. After she put it in the computer she gave it back with my VA card.

[free_spirit_etc]

The records have the Vet's name and address - just about 20 miles from here. I thought of calling him and asking if he wanted the copies. Aren't there penalities for releasing people's private medical information to strangers?

Free

I went to the VA today and they have posters all over the building that they are protecting SSN's for Veterans and Stamp out unnecessary use of SSN's.

The first thing that happened at the lab was the lady wanted me to print my full name and full SSN #. After she put it in the computer she gave it back with my VA card.

[Ricky]

The records have the Vet's name and address - just about 20 miles from here. I thought of calling him and asking if he wanted the copies. Aren't there penalities for releasing people's private medical information to strangers?

Free

Yes for anyone other than the VA. They suffer no penalities - no matter what the infraction is - violation of US law or the death of a person - it does not matter.

In my C-File they reference a medical opinion issued by Dr. Ricky. Heck if I had known that the VA considered me a doctor I could have issued some humdinger opinions!

Hang in there Free. They will get it un-clustered one of these days.