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ArmyDaughter

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Good Afternoon!!

So I finally tracked down the attorney that my dad used (thinking she might have some medical records the VA doesn't have) to get SSDI before getting VA benefits.

BUT....when the receptionist called me back she said he had picked up all his medical records in 2002, and even if he hadn't, it has been 9 years and the record would have been destroyed after 7.

So....my thought is that he turned all those records in to the VA because that's about the time I believe he was SC. Does that mean those records will be included in my request for medical records from the VA or will I have to request those seperately???

Thanks in advance for any advice!

Leah

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  • HadIt.com Elder

That would be a maybe or maybe not since only your father knew what he did with those records. He may have used them all to get SC. They should be in his C-File if they still exist. He may have kept them in some file somewhere. My father's records are gone with the wind.

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In many cases the VA 'retires' the VA medical records they have from a deceased veteran.I forget where they are kept. The VA, when I reopened a claim in 2003,got them out of retirement and forwarded them to my VARO.

A vet rep should be able to help you find out exactly where his VA med records are.

You could send an IRIS inquiry but I sure suggest getting a vet rep as well.

IRIS is the "Contact Us" area at the main VA web site.

Ask them if they have these critical medical records.

If not you might get a decision like mine.

They only used my husband's SMRs. SMRs are irrelevant to Nehmer claims.

I might be wrong-I believe you received a Nehmer Letter?

If so have you contacted NVLSP? They ask many questions in their email query so best to fill out off line and then submit the info to them.

Ask NVLSP what you should do to make sure the VA has his medical records.

My husband had over 11 years of VA med recs and my Nehmer decision didn't use a single one of them.

I had to file a complaint with VA Central on the ridiculous Nehmer decision I got.

You need to make sure that VA has your father's medical records.

SSDI must have had them for their SSDI award but that does not mean the SSA still does.

If I can find out were my husband's records were 'retired 'to when he died I will let you know.

As long as VA is aware of them and he had a C file in his lifetime, they should get them for you as they did for my 2003 claim.But I wouldnt depend on that unless the VA confirms they will do this or did do it .

Those records are critical to your claim.As well as proof of any past denied decision that reveals IHD as causing or contributing to his death.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Berta,

Yes I did receive a Nehmer letter and sent an email to NVLSP, but have never heard anything back from them. I will email them again and see if I can find out any info. So do I need to request a vet rep, or is that possibly who called me the other day??

I have his number, so I will call and ask him this information, when I talked to him I told him I had requested medical records and he said he could do it for me. So maybe he can find out if those other records are with the VA and if he had a C file and for what conditions he may have been denied for along the way.

Thanks so much for the info!!

Leah

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I seem to recall my husband's med recs were sent to NARA archives but not 100% sure.

If he was a VA patient, VA would know where your father's records are.

Please contact NVLSP and also obtain a vet rep on this so that the records do get associated with your claim.

Since I think you said you received a Nehmer letter, that means the VA does have something as a record to send you that letter.

But they might have sent you this letter solely based on his Death Certificate because it mentioned ischemic heart disease so best to insure the VA does have them or will get them.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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So I called the guy back last night and left a message, so awaiting that call back. Sent another email to the NVLSP. Called medical records at VA and was told they were backlogged (imagine that) so they couldn't tell me when I might receive my records. Said something about a 20 day window, but I assume that actually means nothing with the VA....so I've learned :)

Who do I contact to get a vet rep?? Didn't know if that was actually through the VA or through some other organization.

Thanks!

Leah

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