Aaaaaaaaagggggghhhhhh

[free_spirit_etc]

05/28/2008

Thank you for checking on that and thank you for sending me a Copy of my husband’s C-file.

I previously requested a copy of the Medical Opinion dated October 19, 2007 that the Rating Decision dated October 22, 2007 indicates was evidence reviewed in making the decision.

I am not finding a copy of such Opinion in my husband’s C-file.

The closest thing I can find is a Medical Opinion that is written on a Report of Contact (Form 119). However, the copy of the report I received does not indicate the date it was written. The date MAY be on the second page, as the page I DID receive has (Over) written on the bottom.

As I only received a copy of the first page of this report, would it be possible for me to receive a copy of the remainder of this report?

Also, is it possible that the report the October 22, 2007 decision refers to was actually written in October 2007, rather than October 19, 2006?

The partial report I did receive appears that it was written in response to the Request for a Medical Opinion indicated in the file. This form also does not have a date, but the fact that it is asking for an opinion in regard to entitlement for benefits due to the veteran at the time of death would indicate the opinion was requested AFTER my husband’s February 2007 death.

I would like to request to be sent the remainder of the report, as I only received the first page of the report.

I would also like to find out if this is the report the October 22, 2007 decision is referring to. If not, I would still like to receive a copy of the Medical Opinion dated October 19, 2007 that the VA used as evidence in deciding my claim.

06/03/2008 01:31 PM

We have provided all information from Mr. Xxx claim file.

Could you forward a copy of the VAF 119 that you currently

have and we might be able to do further research.

06/08/2008 03:37 PM

I sent a copy of the VAF 119 that looks like the medical opinion the denial letter is referring to. I sent it by certified mail receipt number xxxx on June 6, 2008.

06/16/2008 09:23 AM

With regard to your request for copies of records, we must hve this request over you written signature.

06/16/2008 12:06 PM

Could you tell me if you did find the other side of the doctor opinion letter that was written on the other side of the VAF 119?

I indicated that I did not get the second page to that in the copy of the C-file I received on the 05/28/2008 post on this thread, and you asked me to forward a copy of the report to help with your research.

I would like to know if the second page of the report was located.

If I am required to submit another written signed request to get the second page of the report, I will do so. However, I would like to know if the second page has been located (or actually, as the page I received said “over” at the bottom of the page, it is most likely the back page of that report, rather than a second page of the original). I would additionally like to know if this is the October 16, 2006 medical opinion the adjudicator was referring to in the October 22, 2007 notice.

06/20/2008 10:14 AM

To be able to have someone review the file for that particular VAF119, Please provide us with the date on the VAF119 and we will someone review the file for the back page.

AAAAAAAAAAAGGGGGGGGGGGGGGGGGGGGGHHHHHHHHHHHHHHHHHHHHH!!!!

Free

Edited June 20, 2008 by free_spirit_etc

[carlie]

free,

Ya know there here to drive us MORE crazy. Hang on for the whole ride !

carlie

[Ron II]

This reminds me of the book (and movie) "Catch 22." Maybe they are using that as an operating manual...

Ron

[cowgirl]

Free, I can hardly believe this! Are any of these Iris emails? or all they all paper correspodence? This is beyond 'ridiculus'! From what historical timeline you have listed here, you are on a roll! Maybe each time you correspond with them list everything by to&from, date and subject matter as attachments. The VA lists attachements and/or copies of recieved correspondence on their letters to us so why not?

Oh, and do find the organizational chart with addresses and telephone numbers for the VA (or office) you are using. The VA website lists VISN # for your area and probably the address for the central VA depository. Its then important to carbon copy (CC) the manager of the section or office you are dealing with. Probably no harm to share the same courteous request and attach copies of correspondence written.

Best to ya,

cg

[Guest Vietnam Tanker]

CG, godd advive given here, keep up the great work

[free_spirit_etc]

Thanks cowgirl! I didn't know about the organizational charts. These were IRIS. I was considering asking a Congressman to do an inquiry. I am running into the SAME run-around with my request for an extension of time to submit evidence (due to them taking so long to send me the file).

I asked over and over. Finally got a reponse that they were sending my string of emails to the raters to have them check the regulations - to see if a request could be granted.

However, I did not hear back from them - and my one year deadline from the date they requested the evidence was June 7. I sent evidence by certified mail June 6. The letter I sent - AND the follow up IRIS - again indicated I had been ASKING for an extension, but had not been informed if it had been granted.

The extension is needed for the IMO - as I didn't get the medical records. But I DID send in evidence within the one year deadline.

Then they just responded that I MENTIONED a request for an extension of time (As if I hadn't even mentioned it before), told me I need to let them know what claim I am submitting evidence for - and informed me that the only OPEN claim was for my burial benefits.

I HOPE they consider the burial claim open - since they lost the claim forms.

But regardless of if they gave me an extension or not - I DID submit evidence WITHIN the one year granted after receiving the VCAA letter.

So that claim SHOULD still be pending.

So I was thinking of asking for a Congressional Inquiry - and explain to the Congressman that I had requested extensions because the VA took almost a year to send me the copy of the file, but also let him / her know I DID submit evidence.

Maybe that way I could get an answer in writing - acknowledging my open claim - so they can't act like it isn't open.

I can also have them inquire as the the rest of the medical report - and the discharge physical.

Below - the IRIS on the extension requests:

05/09/2008

I am following up on previous inquiries Inquiry: xxxx and Inquiry: xxxx

I was following up on my previous requests for:

1. A copy of my husband's C-file

2. A copy of the medical opinion referenced in the November 2007 denial.

We first requested the C-file in August 10, 2006. However, we did not receive it prior to my husband's February 5, 2007 death.

I requested a copy again on June 14, 2007.

I submitted a limited request early this year for a copy of the medical opinion.

Could you inform me when I might expect to receive these?

Also, I am requesting an extension beyond the one year time frame to submit evidence in support of my claim, as I have been waiting for close to a year to recieve the requested medical records from the VA.

Thank you,

Response (Department of Veterans Affairs) 05/09/2008

Dear Mrs. xxx:

We mailed you a copy of your husband's entire claims file on 3-03-08, all 4 volumes, based on a request we received 2-29-08. If you did not receive these records, please let us know and be sure to verify the address that you want them mailed to.

05/09/2008

I did not receive any package or letter from the Department of Veteran's Affairs in respect to the C-file. I sent an IRIS follow up to my request on Feb. 26, 2008 - and received a response on 2-29-2008 that I would receive the physical first and that there would be a delay in getting the rest of the C-file.

But at this point, I have not received either.

The last thing I have received from the VA in the mail was the letter informing me there would be a delay in processing my request for burial benefits.

Response (Department of Veterans Affairs) 05/13/2008

Dear Mrs. xxx

The Privacy Officer will send you another copy of the file.

05/21/2008

Could you tell me approximately when they intend to send the file? I have been needing copies of the file in order to obtain an Independent Medical Opinion for the claims.

And again, I am requesting an extension beyond the one year time frame to submit evidence in support of my claim, due to the length of time it is taking for me to get a copy of his file,in order that I might submit such evidence.

05/22/2008

Ma'am,

I wanted to let you know I received the copy of the C-file in the mail today (May 22, 2008). Thank you very much.

However, again, it will be very difficult for me to be able to obtain a medical opinion by the one year deadline at this point, and I request an extension of time to submit evidence in support of my claim.

Response (Department of Veterans Affairs) 05/27/2008

Dear Mrs. xxx:

We printed out your email string and sent to the claims department showing your request for an extension of your time to submit evidence. The claims department will review the regulations to see if an extension can be granted.

06/08/2008

I sent a copy of the VAF 119 that looks like the medical opinion the denial letter is referring to. I sent it by certified mail receipt number xxxx on June 6, 2008.

...

I additionally sent addditional evidence in support of my claim, including ....

I additionally sent evidence the VA requested regarding my son - including his Birth Certificate and statements from physcians indicating that he was disabled prior to the age of 18, and continues to be so.

I received a call from the VA Friday informing me that the claim for burial benefits I submitted cannot be found, and asking me to re-submit my burial claim.

I will be resubmitting the claim in the near future.

I have not received any notification in regard to whether my request for an extension of time to submit additional evidence will be granted.

I am in the process of obtaining an Independent Medical Opinion in support of my claim.

As the medical records were neccessary to submit to a doctor, in order for him to issue such an opinion - I had to wait until I received the records before seeking an IMO.

Response (Department of Veterans Affairs) 06/16/2008

Dear Mrs. xxx

With regard to your request for copies of records, we must hve this request over you written signature. You mentioned a request to have additional time to submit evidence. Please clarify what claim you are submitting evidence for. At this time, the only claim we have pending is your burial claim.

If you plan to file an appeal, your Notice of Disagreement must be received in our office within one year of the date of notification of the decision you are appealing. You don't have to submit all evidence at that time you submit your NOD, but you must submit the Notice of Disagreement.

Free, I can hardly believe this! Are any of these Iris emails? or all they all paper correspodence? This is beyond 'ridiculus'! From what historical timeline you have listed here, you are on a roll! Maybe each time you correspond with them list everything by to&from, date and subject matter as attachments. The VA lists attachements and/or copies of recieved correspondence on their letters to us so why not?

Oh, and do find the organizational chart with addresses and telephone numbers for the VA (or office) you are using. The VA website lists VISN # for your area and probably the address for the central VA depository. Its then important to carbon copy (CC) the manager of the section or office you are dealing with. Probably no harm to share the same courteous request and attach copies of correspondence written.

Best to ya,

cg

[cowgirl]

Hm, maybe Try being specific line by line, s i m p l e like with your words added of course!

'I request your assistance for veterans name ssan CLAIM, dated,that you have had for ,,,,,,, weeks or months,,,with subject matter.

TRY 'I am referring to the RATING DECISION (or whatever OFFICIAL title of the issue is....)dated xxxxxx for my deceased Husband Veterans Name & ssan etc." Try that all on one line.

Next try, Request you handle my deceased VETERAN husbands name, claims expeditiously and tell me why you have not sent me his VA Compensation File. I request an extension for this rating claim due to your non-delivery of Cfiles to me.(wife,or ,,,)

Next try, I have recieved no papers or some filesXX totaling # of pages from you on such&such date regards the claim for Veterans name and ssan, or if missing 'b]BUT you missed sending me ,,XX pages,.

Then clarify again, I, the next of kin, am requesting an extension because you have not sent me the correct (paper name, etc) from your office of Records at such&such location.

I have attached previous correspondence in dated sequential order. As you can see, this correspondence does not address my EXTENSION request. As you can see this correspondence does not address my CLAIM for burial benefits.

attachements are listed as"

"correspondence xxxx" on such&such date from OFFICE Name and Initials (if available). I again request that you urgently contact me at Telephone Number or address confirming reciept of this request and the action you are taking to assist me........"

- simplified, but Dates and Official Titles of programs (eg, Disability Benefits Rating Decision, Death&Burial Benefits, etc) seems o be VA Key connector 'flags.'

Come to think of it - "Title & dates & bullet type statements" are often what I recieve from the va.

Come to think of it - The VA also directs statements to me 'you have been sent' 'we need this from you', clear and famiiar! ha.

best to ya,

cg

Edited June 22, 2008 by cowgirl