Tracked item for RMC medical Records????

[MikeHunt]

I called 8008271000 asking why eBenefits still showed

"Attention: Requested Documents are Past Due"

They'd recently done work that appeared in ebenefits (removed contentions)

Phone agent said Medical Records ('STRs') from the RMC still an open tracked item. I'm wondering how this could be- They denied claims in 2014 and 2010. This hardly makes sense the records wouldn't be digitized or at a RO.

My understanding is when they notify you when 'needed from others' gets hung up- In hopes you may have records. eBenefits was blank in 'Needed From Others' tab, but development to Veteran as still open when it shouldn't be.

I uploaded my STRs today (25MB max file size, BTW). Would've earlier if I'd known ...

Anyone have any idea what's going on???

Further, DL DPRIS from eBenefits, it didn't have dupe of discharge medical (I think it usually does) but did have someone else's records ...

yikes.

I'm worried they'll just 'time out' a DBQ from April. I think they're only good for a year.

 

[mrmark1999]

send them back in using e benefits then send them in by fax and mail just to make sure i had faxed them in my self and they said in e benefits i need ed them so i re submitted them to e benefits its a pain but send them in both ways 

Edited January 19, 2017 by mrmark1999

[MikeHunt]

Thanks- Further: the POA said because I got out in the guard the records were ... who knows. He didn't even wait for me to answer. 'You were in the Guard, they can't get your records.'

Problem exists that they denied 2010 and 2014 w/o the records, and never notified me they couldn't get them. Now that they can grant ...

 

[Guest Pdiddy]

Hopefully this goes here. 

This is the response from my request for records.  Mind you, I gave them specific dates-time frame- and locations.  Is this typical?  My husband was in the hospital for 2 weeks.  I find it hard to believe there are no records.

Pat

[Berta]

Pdiddy your older posts are here under a search. One of my replies was:

"Their denial is not a CUE, as far as I can tell.

"He did bleed to death from complications of a liver transplant, in a VA facility. I have been, as he did, trying o get the HCV sc.  Without the sc, they are stating I do not qualify for DIC because he was only rated 30% when he died.  Part hearing and part wound."

So he died from a Non service connected liver transplant...

but this could still possibly a Section 1151 death.

In that case the VA would award you DIC.

You said:

"Without the sc, they are stating I do not qualify for DIC because he was only rated 30% when he died.  Part hearing and part wound."

But Section 1151 is for any type of malpractice at a VA hospital whether the vet is SC or not .

Do you have all of his SMRS and his inservice personnel file?

Do you have all of his VA medical records?

Have you filed the DIC claim under Section 1151?

[Berta]

You stated somewhere here ( the posts are all in different topics,) that he lost about “13 gallons” of blood during or just after the surgery.

You also posted this:

 

  On 10/26/2016 at 9:03 AM, Berta said:

The Primary and any secondary contributing cause of death.....on the death certificate...can you tell us the exact medical words they used.

If an autopsy was done do you have a copy of it?

You replied:

“I just saw this.  Yes, I know, you don't have t say it.

I requested an autopsy and have a copy, along with most of the medical records from that day.

They have ARDS first, then  Massive transfusion,then liver transplantation

Yes, he had a PH, it was a facial wound, that they only gave him 10% for when he left the army, and yes the PH was his rep and his claim was still open.  He filed a NOD in Sept and Oct he died. 

I do have an independent medial opinion that agree with my assessment.  Unfortunately, to sue for malp you must have an expert witness from an are that is x miles away from the facility. I forget the exact wording but basically, you can't sue because no doc will do that if they want to keep practicing.”

http://community.hadit.com/topic/68307-is-1151-the-same-as-dic-under-38-usc-1151/?page=2#comment-421769

I corrected the information you got as to ‘expert witness’ X miles from facility---that has nothing to do with a FTCA death claim.

You are beyond the FTCA statute of Limits anyhow.

I went over my replies to you here….all available under a search ( I used Google and hadit search) and it is my opinion that your best chance to receive DIC is under Section 1151, as you said you do have an IMO that concurred with your evidence.

If the IMO was done by a MD ,hopefully with some expertise in the field of the liver disease, and  conforms to the IMO criteria her at hadit as to stating, with references to the medical records, death certificate and autopsy, that the VA caused your husband’s death, they will award you DIC.

I believe the 1151 case, based on what you have told us here might be the only way you can attain DIC,by filing the DIC claim under 38 USC 1151, and enclosing a copy of the IMO you have.

I think you mentioned the PH holds your POA?

PH, DAV, AL, VFW ,VVA  vet reps etc etc  etc all have had the same basic training I did in Section 1151 claims and can help with it.

 

 

[broncovet]

First, listen to Berta.  

I will add my 2 cents:

    Try (again) to get medical records WHERE HE WAS TREATED, since NPRC says they dont have them.  

    I will answer your question that its not unusual to be denied when records are not found.   You are assuming they had your medical records when they denied, and, while that MAY be the case, it is not necessarily so.  

     Make no mistake here.  Its possible or likely that you are another shreddergate victim.  That is, your medical records were shredded.  VA denies this until the cows come home, until/unless you can produce the evidence.  The burden is on you to provide the evidence.  

      You could be one of the many VA files hidden in a cabinet  Hopefully, if you can produce these medical records, you can submit them as new and material evidence.   If they are new SERVICE RECORDS, then your effective date should go back to the date applied.  See 38 CFR 3.156 C.