C-File Not Complete

[63SIERRA]

I requested a copy of my c-file several months after rating for kidney removal due to kidney cancer . there was nothing in my c-file at all abt my kidney surgery. why would this be ? the files were in my med recs at the local vamc, which I have copies of.

[Philip Rogers]

OKay, here ya go . . . a lesson in VA. The VA has two sections. The VHA (Veterans Health Administration) or VAMC's and the VBA (Veterans Benefits Administration), also know as the Veterans Service Center or Claims and one has nothing to do w/the other. Your info will never go from the medical side to the claims side until/unless you release it to go there.

It's one of the many systems the VA has set in place to screw the veteran out of benefits.

pr

[free_spirit_etc]

I think this is somewhat odd. Since they granted you SC for the removal of your kidney, it sure seems like the records from the surgery that removed it would be in your C-file.

Are the records listed as evidence on the decision where they granted you SC for the kidney removal?

[63SIERRA]

no mention of kidney at all, yet I have a stack of records in my medical file that could choke a goat abt it

I just found out something new as well, a few nights ago I was looking thru my medical records, and found a radiological report

dated in 2003 . They were looking at my LIVER after the 48 weeks of hep c treatment. at the bottom of the radiological report, after it described my liver, in a seperate paragraph, it said that there is a 5 centimeter cyst on the top of the right KIDNEY. When I read this a few night ago, I was shocked to say the least. THEY HAD NEVER MENTIONED IT TO ME. I lknew nothing of the growth on my kidney until the girl doing my ultrasound noticed it ,while doing a scan of my kidney with the ultrasound machine, she said, hmm that isnt right, but wouldnt tell me what she saw. well that night 10 pm, a doctor calls me, and told me I need to get in for tests ASAP. They found something on my kidney. It turned out that my adrenal gland, kidney and part of my renal vein was cancerous and were removed. so now I wonder, why did they not tell me abt the finding back in 2003? WHY did they not track it, because it was a big surprise when the ultrasound tech discovered it in 2011. would my whole kidney, adrenal gland and part of my relanl vein have needede removal had they done something at it earlier. I feel like im living in a nightmare that has no end.

A few days ago, I was telling my VSO abt it, and right after I told him, he told me they had called a meeting, and he had to go, and would call me back, well he never did. I called back the next morning and told the secretary we had been cut off and I needed to speak with him asap. So friday, they close at 2,pm. I got a call around 2,30 and wife answered. she said he acted like he couldnt hear her, and hung up; .. SO im abt fed up with this bullshit and am going to start looking into professional legal help. Ive started to learn to trust my gut instinct, and my gut is telling me that im being jerked around. from my understanding its a policy that the vso has to return calls within 24 hours. he returned the call alright, then hung up.

Edited November 10, 2013 by 63SIERRA

[63SIERRA]

Also the ct scan that is in my file right before they did surgery said the growth on my kidney was 5 centimeters, by 6 centimenters. by 7 centimeters. so how much it grew, from 2003 when they initially found it and ignored it, until 2011 when they removed it, is a mystery to me. But 5 centimeters is no spot, or tiny nodule or calcium ball that they should have dismissed. Im just in awe over this, and dont know what to do, since I have 3 claims pending. furthermore, they didnt pay me 100 for the kidney cancer at all, or the adrenal cancer. which is the same law as kindey., because its part of the endocrine system. 38 cfr says they should have paid me at the 100 percent rate, from the time they found it, till 6 months after treatment was over. I got 30 percent backdated to july 2012. I file my claim for kidney cancer oct 30 2011 had surgery july 31 2011 . it is just out of control. crazy.

[63SIERRA]

I recall someone on this site speaking of a 5150 claim or tort claim or something likel that .as I understand it u cant file a suit against the govt without first filing a claim. I just cannot think of any excuse they could give me, as to why they did not inform me of the finding on my kidney in 2003, and never routinely checked it after finding it, or track measurements or whatever. after the did the ct scan on 2011 they said they were quite sure it was cancer. so evidently they can see something with the machines, why couldnt they see it in 2003, or later on before the cancer had infested my adrenal gland and vein. ? Am I overeacting here?

Edited November 10, 2013 by 63SIERRA

[JT24usn]

It is an error on vsrs not to pull the records or import them into the new paperless system. On top of that the rvsr does a word search in the vamc system for claimed conditions. So in Essence it is pulled twice. Va RO has access to all vamc records. I can pull evidence from any vamc visited, and again it would be a quality error if I didn't. You'd be surprised how man extra volumes we make for same vamc medical records sent in by the veteran that we can and do pull ourselves.

Also, we submit a va form 7131 request for any medical records not in the electronic system at the vamc.

Also, Capri (vamc electronic system). Now has SOME access from 1989 to Present of dod records that may not be part of strs.

Just my .0000000002 cents

Edited November 10, 2013 by T8r