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

[carlie]

Berta,

In my way of thinking - YOU are our resident DIC

and widow claims pro.

carlie

[akwidow]

I showed the doctors all the other medical records. The psychologist treated him. The medical doctors treated him. They saw him in person, that is how they were able to make their assessments. The letter from Viet Nam was what gave me the service connection for asthma which became intertwined with ptsd.

On the other post - all I have received is the COA remand notice. It informed me of the remand and of the additional issues I brought up showing increased service connection for ptsd and for the asthma, which had been denied in 2000. They did not inform me that I had to file any more anything.

I just went back over the remand letter that came to me April 2008. It said that RO should send me another VCAA letter about the HUPP case. Secondly, RO should readjudicate the claim for SC as contributory cause of death, and finally for readjudicvation for hearing loss. I received a short note later in April 2008 saying that the file was back in ROAOJ.

I think nobody has worked this yet at the RO/AMC, or else they would have sent me the new HUPP letter.

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?

[akwidow]

After reading and absorbing more data in the rules and regs data about reopening an old claim, I now know I need to file a form to reopen an old claim for asthma sc. Which form do I use? I have looked at VA site, and it is as clear as mud.

I also feel that since they have not sent me the form to file, and it has almost been one year, that they are banking on me not getting the form submitted in a timely manner.

Which form do I use?

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

[sharon]

Akwidow/Berta,

I am lost on what is going on. Please clarify for me.

1. Was a claim pending at the time of death?

2. Is the appeal for DIC?

3. Is the material that is being spoken of for the DIC claim or to open a new claim on behalf of the veteran.

Because if a claim was not pending at the time of death, even if he was still in his appeal period, one can not be opened by the widow for accured benifits. If a claim was pending, only evidence that was of record is eligible for review. Am I correct?

[akwidow]

okay, that answers my question. There was no open claim at the time of my vets death. All of his previous claims had been denied with no further action on his part, even though they had merit. That makes my application for DIC the only legal claim I can make, correct?

Akwidow/Berta,

I am lost on what is going on. Please clarify for me.

1. Was a claim pending at the time of death?

2. Is the appeal for DIC?

3. Is the material that is being spoken of for the DIC claim or to open a new claim on behalf of the veteran.

Because if a claim was not pending at the time of death, even if he was still in his appeal period, one can not be opened by the widow for accured benifits. If a claim was pending, only evidence that was of record is eligible for review. Am I correct?

[Berta]

As I see this- you are right- the DIC claim is pending.However the remand does say VA should also re- adjudicate for hearing loss.

To satisfy the remand the AMC will have to send you a VCAA letter under the Hupp Decision.

Many widows claims which were filed prior to Hupp and pending when the CAVC decided this case (there is info here on Hupp under a search) were grandfathered into this decision requirements.

I believe this is the main reason the CAVC remanded the claim back to the BVA.

The Hupp VCAA letter should provide you with exactly what the VA needs.

I am 100% positive that the new VCAA letter will state that you need to obtain an independent medical opinion that associates your husband's PTSD to his colon cancer.

I would think they would want this opinion from a board certified psychiatrist.

These opinions can be very expensive unless one of your husband's treating psychiatrists would possibly provide this opinion for free.

Under the Independent Medical Opinion Forum-I have posted the VA's criteria for independent medical opinions.

They are not valid opinions unless the doctor refers directly to the SMRS and to the clinical records.

Sharon- interesting question-

In some cases an accrued benefit claim can be filed for a claim the veteran never filed in their lifetime.

I re-opened my husband's Section 1151 claim when he died.

His death was so sudden and unexpected that I could have opened the Section 1151 as my DIC claim-regardless of his pending Sec 1151 claim at time of death.

VA -after I filed a CUE claim in 2004-says he never filed the Sec 1151 claim-yet I have considerable evidence to show they are wrong. It is even in the C file.

VA never considered my husband for SMC.

He was 100% SC PTSD, 100% Sec 1151 stroke, and 100% dead due to VA health care.

ALL VA case law and regs state he should have been considered for SMC.

VA said he was not eligible for SMC "under any circumstance."

I filed CUE on this presently set for DRO review and attached the exact VA regs and case laws to prove VA was wrong.

It depends on the situation. Regardless of whether my husband had Section 1151 pending at death-the VA awarded me accrued benefits with EED 6 years prior to the benefit award when they raised his 30% PTSD to 100% PTSD 3 years after he died.

The DIC regs are quite extensive.

There is more than one way to receive DIC.

That info is all posted here at hadit.

akwido;'s initial post explaining her claim is under the Inroduce yourself topic.