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

[free_spirit_etc]

Good idea! It also puts the IRIS communication IN THE FILE. ONE thing I like about using IRIS is you have a record or who said what to whom IN WRITING.

BUTTTTTTTTTTTTTTTT.. I noticed the C-file did NOT included IRIS threads.

So I sure don't want to count on the idea that because I wrote it and they responded, it will be in the file.

The way they have been losing my stuff...even sending it in doesn't guarantee anything either. But I was surprised to find that THEY had not included the IRIS IN the file.

Free

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

[Berta]

Men and women -this is the outrageous way your spouses might find they are treated if you die.

Not only the VARO but also vet reps seem to believe that we should be treated like second class citizens and that somehow -when our spouse died -we became doormats for everyone to crap on.

This certainly is not always the case however- but I can assure you all that these things happen.

This concerns me a lot!

"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."

and

"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."

Was this the initial denial or a subsequent denial?

I cannot imagine why they say the service connected death claim is not pending?

An initial denial requires a NOD to be filed within one year after the decision date.

Was this your initial denial?

Also-you mentioned Iris - I always copy and save my Iris questions and responses-

because I wrote to the RO as well as irised VA for a telephonic conference with the DRO if there is any question regarding my IMOs.

Since I have no POA on the books (even though that revocation was illegal per the OGC)

the DRO would have to deal with me and not a rep if there was any reason to.

The VSM emailed me through Iris that the iris request went into the C file that the DRO has.

I guess it depends on who answers the Iris inquery as to what they do with it.

Something is drastically wrong here when the VA says only the burial benefit claim is pending.

and then

"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."

Deja vu for me-I went through years of that-not the claims-just the most important evidence.

Do you have a vet rep?

what do they say as to the service connected death claim?

Something seems wrong here big time-

If your husband died in Feb 2007 and they denied in October 2007-it seems you have time left to file a NOD-

and also you fall under the Attorney for vets regs if you want an attorney to handle this claim.

I sure dont understand this:

"and my one year deadline from the date they requested the evidence was June 7."

I dont see where they got that deadline-from the VCAA letter?

Still-it seems to me that you have until October 2008 ( was this the initial denial? ) to file a Notice of Disagreement.

When did the RO get your formal Notice of Disagreement?

Edited June 22, 2008 by Berta

[carlie]

Anyone thinking about getting a Congress person involved ---- be careful.

Yes............... it may help at times --- but it can also grind you claim to a halt.

I've seen it happen fairly often often.

Example:

Vet's been thru years of trying to get some issues straightened out.

Vet feel's and many times is --- getting no where.

Vet calls, emails or writes Congressperson.

Congressperson's AID read's or listen's to the vet..... ha, ha, ha.

Aid sends VARO a standardized letter about vet, very brief, but after all it is on Official

Letterhead you know.

VARO sends Congressperson standardized 5 or 6 page response, which only contains

any and all negative answers vet has already gotten, it at times,will not list the evidence

that is positive towards granting the claim , it will sat things like we sent vet a

release form to sign and that the veteran has yet to return it etc.....

well guess what -- it is on Official Letterhead, you know.

I am in no way stating this ALWAYS happens - But I AM stating I know positively

this DOES HAPPEN.

jmho,

Hope this helps a vet.

carlie

[Berta]

Free- it seems they did send you the C file-

but when did you request the medical records?- they are separate from the C file-

It is the clinical medical records that any IMO doctor needs.

[free_spirit_etc]

Men and women -this is the outrageous way your spouses might find they are treated if you die.

Not only the VARO but also vet reps seem to believe that we should be treated like second class citizens and that somehow -when our spouse died -we became doormats for everyone to crap on.

This certainly is not always the case however- but I can assure you all that these things happen.

This concerns me a lot!

"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."

and

"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."

Was this the initial denial or a subsequent denial?

It was an initial denial. My hero of a husband died Feb. 2007. On June 7, 2007 the VA sent me a notice of what evidence was needed to establish service connection for my husband's death (not really specific info of evidence needed on this matter - just general) and evidence needed to show my son was disabled prior to the age of 21). They sent me a supplemental notice in July 2007 of additional evidence relating to my son's disability.

My husband had requested a copy of the C-file in August 2006. He did not receive it before he died in February 2007. I asked the RO about the copy - and they said it was being sent TO ME - and told me to wait 30 days to receive it. Of course, they did NOT send it to me - and AFTER waiting, as they told me to do, they THEN informed me I had to request it over MY signature. I requested a copy again on June 14, 2007.

They made the initial decision October 22, 2007. This was prior to the one year expiration of the time allowed to submit evidence after the June 7, 2007 VCAA notice. I understand they can do this, but I also thought they had to RE-ADJUDICATE the claim if they received additional evidence WITHIN that one year period.

I wanted to submit an IMO - but was waiting for my copy of the C-file to obtain one. I do not want to spend the amount an IMO will cost only to have the VA give the IMO no weight because THEY had not provided me with my husband's medical records to give to the doctor rendering the opinion.

In February 2008 I began requesting an extension of time to submit evidence past the one year I had received the June 7 VCAA notice, as I had STILL not been provided with a copy of the C-file I requested in June 2007.

I had also put in a LIMITED request for records for the medical opinion the denial letter had referred to.

In February 2008 they notified me I would get the medical opinion first - and the entire C-file later, as his C-file was "large."

In May 2008, I once again requested an extension of time - as I had not received the C-file.

They informed me the C-file had been sent in March (based on my February 2008 request). I did NOT receive the C-file in March. I also did NOT initially request it in February 2008 - I FOLLOWED UP on my June 2007 request in February 2008.

They sent the C-file within a few days. I got it on May 22, 2008. I again kept requesting an extension of time beyond the one year of the June 7 2007 VCAA notice to submit evidence, as I was unable to get a fully informed IMO, as I only received the C-file on May 22, 2008 - and I am STILL trying to get a copy of the SECOND page of the undated, unsigned medical opinion that was used to deny my claim, and a copy of his discharge physical (which they say is not in his file).

They acknowledged my request for an extension - by saying they were forwarding my emails to a rater to check the regulations to see if an extension could be granted. But I did not hear one way or another whether my request had been granted.

Because I did NOT hear from them - I SUBMITTED evidence on June 6, 2008. I sent it by certified mail. I sent additional evidence of asbestos exposure and evidence of my son's disablity prior to the age of 21. I again, asked for ADDITIONAL TIME to submit an IMO - as I am STILL WAITING for the rest of the medical records.

Now, though I consistently requested extensions several months BEFORE the deadline - they are acting like I just now brought it up - and they don't know what I am talking about - nor know what claim I am submitting evidence for because my claim in "not pending."

I WILL submit a NOD on the October 2007 decision. However, my position is that my claim should be RE-ADJUDICATED based on the additional evidence I sent within the one year of my VCAA notice.. and any extension I "should" be given to submit an IMO because THEY wouldn't send my husband's medical records to me within that YEAR.

This is especially important because of my son being on my claim. They sent me a notice of what I had to send to establish his disbility prior to the age of 21 in June 2007. They sent a supplemental notice in July 2007. I submitted the evidence June 6, 2008 - WITHIN THE ONE YEAR TIME FRAME.

So it concerns me that they are pretending they don't know WHY I am submitting evidence - as they can later say I did not submit evidence in regard to my son within the time frame. I most certainly did. (It took me EIGHT MONTHS to get requested records from SOCIAL SECURITY to send).

Though I know they won't grant SC without an IMO - so re-adjudicating my claim won't make a big difference, I want to

1. Have an acknoweledgment that I DID submit evidence within the one year time frame.

2. Have the right to have my claim readjudicated within a reasonable amount of time AFTER I submit an IMO - which I can do AFTER the finish sending me my husband's COMPLETE medical records.

I cannot imagine why they say the service connected death claim is not pending?

I cannot either.

An initial denial requires a NOD to be filed within one year after the decision date.

I will file one within the year. At this point I was still working on getting the initial decision readjudicated - and getting them to acknowledge I sent evidence AND requested extensions within the one year time frame - so they won't start shooting off all the decisions saying I was notified of what evidence I needed to submit - and alleging that I did NOT submit the evidence within the time frame.

Was this your initial denial?

Also-you mentioned Iris - I always copy and save my Iris questions and responses-

because I wrote to the RO as well as irised VA for a telephonic conference with the DRO if there is any question regarding my IMOs.

Since I have no POA on the books (even though that revocation was illegal per the OGC)

the DRO would have to deal with me and not a rep if there was any reason to.

The VSM emailed me through Iris that the iris request went into the C file that the DRO has.

I guess it depends on who answers the Iris inquery as to what they do with it.

Something is drastically wrong here when the VA says only the burial benefit claim is pending.

and then

"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."

Deja vu for me-I went through years of that-not the claims-just the most important evidence.

Do you have a vet rep?

what do they say as to the service connected death claim?

No. I haven't got a vet rep yet. If I find one that I think can help, I will get them. However, the last thing I need right now is one extra person giving me the run around.

Something seems wrong here big time-

If your husband died in Feb 2007 and they denied in October 2007-it seems you have time left to file a NOD-

Yes. I do still have until October to submit my NOD. I will do so even IF they re-adjudicate my claim. I will make sure I submit an NOD from one year of the initial decision. But right now I am trying to protect myself from the allegations that I was informed what evidence was needed - and that I did not submit any evidence. I did submit evidence. I submitted it within a year. I am still attempting to get evidence that is within THEIR possession, so that I can submit additional evidence in support of my claim.

and also you fall under the Attorney for vets regs if you want an attorney to handle this claim.

I sure dont understand this:

"and my one year deadline from the date they requested the evidence was June 7."

I dont see where they got that deadline-from the VCAA letter?

THEY didn't get that deadline. I got that deadline. THEIR position seems to be that though I am given one year to submit evidence after my VCAA notice (June 7), that they decided my case in October 2007. Therefore my only option is to file an NOD. MY position is that I did submit additional evidence within the one year - and have attempted to submit even more - and therefore they can't say I did NOT submit any evidence in respect to the notice I received.

Still-it seems to me that you have until October 2008 ( was this the initial denial? ) to file a Notice of Disagreement.

Yes. I have until Ocotber 2008. Of course, I also should have had until June 7, 2008 - or July 2008 n respect to my son's disability to submit additional evidence.

When did the RO get your formal Notice of Disagreement?

I have not submitted one yet. I was reading in the BVA cases that though you can submit additional arguments and additional evidence - you can only submit ONE NOD. As my NOD is what they will go by the most as to what I am specifically disagreeing to - I certainly want to have a copy of the ENTIRE medical opinion that was used to deny my claim before I draft my NOD.

[Ron II]

Anyone thinking about getting a Congress person involved ---- be careful.

Yes............... it may help at times --- but it can also grind you claim to a halt.

I've seen it happen fairly often often.

[...]

jmho,

Hope this helps a vet.

carlie

Carlie,

(I had to truncate your post to make mine fit.)

I don't doubt what you have stated, especially with the VA; I just want to make a comment. I handled approximately a dozen congressional inquiries while I was in the Army and upon receipt of each of them, people jumped through hoops to obtain the necessary information to resolve the issue within seven workdays (usually). In almost all the cases I personally saw, the documentation we sent the congressperson mirrored what we had sent the soldier. The decisions we made and were disagreed with by the solider(s) were based on law, not regulation (e.g., ceiling on reenlistment bonus, qualifying criteria for an allowance, etc.). The reply was not standardized and it often was impossible to state something positive when the soldier was outright not entitled to what he/she claimed.

On the other hand, I have seen plenty of cases discussed on Hadit where there was "Something rotten in Denmark"...err...the VA. Anything the claimant can do to rectify his/her claim (even protesting outside the VA with signs as one vet did) is warranted.

In closing, my thoughts on this issue apply to me--I had a DRO appeal denied because there was no cue and I did not submit new and material evidence. Obviously, nothing I said here changes the validity of your experiences and observations. I just wanted to point out that there are occasions when an organization can report only the negative aspect of a situation.

Ron