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]

Berta,

It looks like I have the medical records except for the discharge physical and the second page of the medical opinion used to deny my claim.

Our RO tells you that it takes AT LEAST six months to get a copy of your C-file.

I don't quite understand why I have to send in ANOTHER written request over my signature to get a copy of the second page of a report that was not included in the C-file.

They asked me to send them a copy of what I had - so they could find it. I sent them a copy. Now they said I have to request it in writing and give them the date it was written.

I would think that my response to their IRIS to send them a copy of what I had - stating that I am sending them the copy, and asking for the rest of it, would be a written request over my signature.

But again, this might be something a Congressman could easily handle...and they are much less likely to play cat and mouse with them.

Free

Your claim will definitely need an independent medical opinion -

I requested my husband's medical records right after he died and got them within a few weeks-

the VA is slower these days but I absolutely had to have them to even begin to present my claim man years ago and glad I had them for me present claim as my IMO doctor had to have them too.

The medical records are requested separately from the C file-

If the VA has a written request from you and they have been stalling on sending the medical records- you have to pressure them to send them out-

This in my opinion would possibly be smething a Congressman could help with-to see why your request was not honored.

Was it a question of your standing as a surviving spouse-

as I mentioned before- I had no problems getting my husband's medical records a decade ago.

The VA knew I was his surviving spouse.

A few years ago when I needed a clear copy of some blood chemistry reports when I re-opened my claim( the copy they sent me was only a partial xeroX- it took months to get a legible copy of this record because the VA (I dealt with the same VA I sued under FTCA) demanded I send them my administrative legal papers from the court house-proving I was the surviving spouse.

I had copies of the papers they needed and sent to the Records Access Officer.

Then ,after many weeks passed-she said they needed something with the court house seal on it so I had to go to the county court house to get that-

this was all ridiculous for a copy of a medical record that was illegible (and of course critical to my reopened claim)

MANY months passed with more hold ups until I got the legible record-

my point is-I guess things have changed since I first requested Rod's records a decade ago-

now it seems they need to have proof of a survivors legal standing before they release them-

How have they acknowledged the request you made for your husband's medical records?

Have they asked for anything that shows you were executor or administrator of his estate before they will release them?

Since you will need an IMO for this claim-which no doctor wil write without complete medical records, a COngressman might be able to help when you tell them when you requested the medical records and that VA has failed to send to you what you must have in order to get an IMO.

If the VA did ask you for some legal papers, as they asked me for-not for my first request but just for the clarified record-

and you fully complied with that request- make sure you tell the COngressman that too.

[free_spirit_etc]

Berta,

They did send me the VCAA letter. It wasn't extremely specific - but it was sent June 7, 2007. That is why I made sure I sent the evidence I had by June 6, 2008 (within one year) and asking for extensions on the IMO.

I do not understand why my claim is not considered to be pending since I sent evidence within the one year period.

They are trying to say they already denied me - and my next step is a NOD.

My point is that I sent evidence within one year - and requested an extension - and THEIR next step is to grant or deny the extension - and readjudicate the claim on the basis of evidence sent within one year of the VCAA.

I guess an NOD might serve the same purpose -- since the claim would be readjudicated (kind of sort of) by a DRO.

But I notice lots of remands on due process stuff. I do not want to get all the way to the BVA - only to have them remand it to the RO because my claim wasn't readjudicated when I sent evidence within one year of the VCAA.

I do not have a VSO yet.

I hesitate having to deal with one more person who may or may not give me the run around at this point.

Free

PS-forgot to add-

you should have received a VCAA letter long ago and I would think it specifically spelled out that you needed medical evidence ( they often say independent medical opinion to widows )in order to support your claim.

Send the Congresserson a copy of the letter whch also supports that you requested his medical records (send copy of your formal request for the medivcal records with your signature on it),

send copy of anything else the VA requested-if they did- to prove you were surviving spouse and should get copies of the medical records, and tell the Congressman that you cannot obtain an independent medical opinion without them.

Have you tried to get a vet rep who has offices in or near the same RO you deal with?