Survivor Getting To View The C File

[akwidow]

How do I go about asking to view my late husband's C File? As survivor, I am allowed, right?

Since my case is at AMC, wouldn't the C File be there also?

I am going to Anchorage next week, and will have an opportunity to make this request in person. I do not, However, want to make this request and have the request delay the progress of my claim processing. Catch 22....

I was told that since I still have the ability to add additional data to my claim, that I should. I have exhausted all other avenues, but I bet there is something in that C file that would help my cause.

Thanks for your advice,

Akwidow

[Pete53]

Since your claim is at the AMC you might want to hold back till you get a decision. If the decison is a long time down the road than simply ask for it through your VARO or the AMC.

Good Luck

[Berta]

That is a good point Pete-

I sent VA a check last year for another copy of my husband's med recs-(first copy was free) in case I needed another IMO-

they still have the check although they said it would be returned- because when my case went to the AMC in October it seemed this would only be-as you said- one more thing to possibly hold up the claim.

akwidow- do you have his complete medical records as well as his SMRS? And copies of all private medical records?

The claims file can sure reveal a lot but sometimes it is only copies of their letters to you and copies of your submissions to them.My husband's C file had quite a bit of stuff regarding my FTCA claim-all of the stuff they claimed they did not have-

but it is often the SMRs and med recs themselves that hold the key to awards.

You need to make sure they list and acknowledge ALL of your evidence.

The H VAC told me yesterday that they had plenty of letters from widows whose evidence had been destroyed by the VA.

Save copies of everything you send to them and keep the USPS proof of mailing certificates or tracking slips.

[Berta]

And this part of the April Remand you posted in Intro Yourself topic bothers me:

"The appellant's December 2007 correspondence further raises

the issues of entitlement to service connection for asthma,

and a higher rating for service-connected post-traumatic

stress disorder (PTSD), both presumably for accrued benefits

purposes. These claims, however, are not currently before

the Board. See 38 C.F.R. § 20.200 (2007). Whereas these

claims have not been adjudicated by the RO in the

first instance, to include the question of whether they were

timely filed pursuant to 38 C.F.R. § 3.1000© (2007), they

are referred to the RO for appropriate development and

consideration. "

Where these claims formally filed as well as filed in timely fashion?

Regardless of the filling out the Arrued Benefits application, a survivor must formally re-open and continue to support any claim the veteran had pending in their lifetime, or formally file a claim that is based on a SC condition that evidence shows should have been service connected.

Did you receive VCAA letters and additional correspondense from VA on the asthma and PTSD -higher rating- claims?

[akwidow]

No I have not formally reopened the cases.

At the time of the writing in Dec 2007 I did not know that by saying they should have been granted along with providing "dot by connected dot" proof as to why they should have been granted "didn't count". They had almost all the information sitting in their files. I supplied IMOs from two md's and a phd psychologist. I gave them a letter written by my vet in country in the jungle telling of a near death experience, written to a college friend in 1968. I'm no lawyer, just a widow treading water and learning how to swim with sharks.

I have not ever had his in country med records....they ignore my requests or send me the wrong data. I can only assume that the near death experience is documented in those records and they don't want me to have them.

I now sit in a position where after reading here lots of information, I see that if I in fact do that reopen the claims, I will be muddying the waters by re-opening old issues, and extending the time it will take on the original claim.

It would be an easy move to make the formal open...since they already have the proof...what would you do?

And this part of the April Remand you posted in Intro Yourself topic bothers me:

"The appellant's December 2007 correspondence further raises

the issues of entitlement to service connection for asthma,

and a higher rating for service-connected post-traumatic

stress disorder (PTSD), both presumably for accrued benefits

purposes. These claims, however, are not currently before

the Board. See 38 C.F.R. § 20.200 (2007). Whereas these

claims have not been adjudicated by the RO in the

first instance, to include the question of whether they were

timely filed pursuant to 38 C.F.R. § 3.1000© (2007), they

are referred to the RO for appropriate development and

consideration. "

Where these claims formally filed as well as filed in timely fashion?

Regardless of the filling out the Arrued Benefits application, a survivor must formally re-open and continue to support any claim the veteran had pending in their lifetime, or formally file a claim that is based on a SC condition that evidence shows should have been service connected.

Did you receive VCAA letters and additional correspondense from VA on the asthma and PTSD -higher rating- claims?

[Berta]

I hope others will follow the original posts and add what they can here in Claims Research-so this widow gets benefit of all of the DIC expertise at hadit-

http://www.hadit.com/forums/index.php?showtopic=24948

The BVA remand contains a lot of information as to why they remanded.

Did the VA send you the VCAA letter required under Hupp?

The BVA cases tell exactly why the DIC claim was denied.

I think I gave all the advise I could at this point but will read it all again-

I hope others here will do that too.

Did you send to them what they asked for?

I fear these accrued claims are now moot and over.

But if you have a service rep they could look into that or you could send the VA an IRIS at their web site that specifically asks for the status of the accrued benefits claim.

http://www.va.gov/vetapp08/files2/0811271.txt

[Berta]

to add

"I have not ever had his in country med records....they ignore my requests or send me the wrong data. I can only assume that the near death experience is documented in those records and they don't want me to have them."

I see no reason for the VA to withhold a veteran's SMRs.

I assume they are right in the C file since this is an open DIC claim.

While the C file copy might take quite some time for VA ro send to you- often these SMRS are a limited amount of records they can copy for you.

SMRs, and all private and VA medical records are critical for most claims.

How did the doctors you mentioned opine on the claim without the SMRs and/or the medical records?