Medical Records Destroyed After 7 Years, But Rating Specialist Wants Them

[hurryupnwait]

Chronological background

Injured back three times in military, twice in 1971 and once in 1972. Could not find it in SMR's but have other proof; letter from CO, prescriptions, medical opinion from private Orthopedist 3 days after the last injury etc.

Medically discharged for back condition 12/72

Filed claim 1973: denied because not in SMR's

Reopened claim 11/01

Rating decision: No new evidence 3/02

New evidence received 7/02

Denied claim 10/02

NOD filed 10/02

BVA Appeal 9/03

Board hearing 3/04

Board remanded 6/05

AMC letter 6/05

C&P exam 10/06

Ratings Specialist 4/07

The board remanded my case on 6/05. In the remand it asks for medical records from several private doctors over the years, one was not mentioned, maybe because I sent a letter to the Board in 2003 stating that this Doctor was deceased and that, according to the executor of the estate, his medical records were kept for 7 years and then destroyed. Unfortunately, I did not keep these records.

I had a favorable C&P exam on 10/ 06, service connected.

Since Aug 2006, I have been assisted by my local Congressman's office. They recently did an inquiry and found out that the Rating specialist wants the medical records from this decease doctor. I have called the executor of the doctor's estate and asked her to put it in writing that the records were destroyed. I should received this letter soon.

The time period that I seen this doctor was 1973 to 1986. After 1986, I have my medical records.

The Congressman's aide also said that AMC may want me to go to another exam.

Any comments?

[tssnave]

HU&W,

I just read your post after posting my query about folks who've had second C&P exams ordered after sending in IMO supporting their claims. Seems it is a common tactic.

I went to our hadit definitions link and couldn't find out what the acronym AMC means. Please clarify.

Thanks,

ts

[hurryupnwait]

HU&W,

I just read your post after posting my query about folks who've had second C&P exams ordered after sending in IMO supporting their claims. Seems it is a common tactic.

I went to our hadit definitions link and couldn't find out what the acronym AMC means. Please clarify.

Thanks,

ts

AMC means Appeals Management Center, I think it was created recently to handle the numerous remands from the Board of Appeals, instead of being sent back to the Regional Office. Was intended to speed things up. The AMC is located in D.C.

I had a favorable C&P exam by the VA, not an Independent Medical Opinion (IMO), but it appears that they want a second one. I had two doctors examine me, a Physician Assistant with 28 years experience working for the VA and the second was an MD Rehabilitation Physician. The PA received a degree from USC and the MD from UCLA. These men had good medical backgrounds to do a C&P. The exam took over 3.5 hrs.

[hurryupnwait]

Another question?

When the Board remands a case to AMC, does AMC have to follow what is in the remand? In the remand, it did not mention needing medical records from this doctor, but now the AMC is requesting these records even tho they know the doctor is deceased and the medical records have been destroyed.

Why would the AMC order another C&P exam? Could this be what others on this forum have called doctor shopping?

[LarryJ]

The Appeals Management Center exists to help the BVA (Board of Veterans Appeals) determine facts relating to your claim that is on appeal. The BVA can send your appeal back to the Regional Office where you filed your claim, for them to find out more information that the BVA needs before deciding your claim, OR the BVA can send your remanded appeal/claim to the AMC, instead. It is my opinion that it is much better for your appeal/claim to be sent to the AMC, rather than to the Regional Office (after all, it is the Regional Office who denied your claim to start with, and they SURE don't want to have to admit that they might have been wrong, to start with.....).

The AMC was very fair with me and helped me when I didn't think that anyone could, by getting some records that everyone said didn't exist.

I was also sent for a C&P that I just knew, after the C&P, that the VA Doc had really put the screws to me, when, in fact, it was the very BEST opinion that I had received, and I had paid for two IMO's. He knew how to word the C&P like the VA likes to see C&P's worded ("more likely than not", in this particular instance). And, this C&P got me my service connection.

After I received my favorable C&P the middle of February, it went to the Rating Board, they did their thing, and I received my retro check the last week in March.

I made my first appointment to see my Primary Care Physician two weeks ago. This appointment was set up for the next week (last week). I saw this doc and he set up appointments for my prothesis, x-rays, lab work, mental health, at that time. I have spent THIS week being seen by ALL these people. YUP, THAT QUICKLY........! Got ALL my new 'scripts and new meds from the Pharmacy. Was even treated to breakfast after my lab work. I've been treated BETTER by the VAMC Dallas than I have ever been treated by any other hospital, and they actually, all of the peeps, act like they really respect me and really care about me.

I have a follow-up with my psych in a month.

I have one more fitting for my prothesis on Tuesday morning, next week.

It took me 3 1/2 years to get my service connection for an injury from 40+ years ago.

It has taken the VAMC Dallas 7 SEVEN working days to help correct ALL that BULLSHIT.

I am thankful to them, my wife, and G-d!

SHHAAAAZZAAM!

[Josephine]

Larry,

You state that you received your favorable C&P the middle of Feb.and then it went to the rating board. I am also at the Appeals Management Center in Washington, D.C.

I was told that my claims file is ready to rate and went to the rating section Feb 5th, but that my file is in the overflow section.

Can you shed any light on this? Are they just feeding me a line?

I called today for an update and was told that they had no ideal of how long that I would be in the overflow. The guy said that they had millions of veterans claims to rate.

Thanks bumches!

Josephine

[allan]

Theres atleast a yrs wait at the Appeals Center in DC.

When they get a VARO rating officer open they can send it to, it will take about a yr for them to order another C&P,(you do not have to be present). They simply send what information they choose to a medical consultant that contracts with the Dept of Veterans affairs, somewhere in the country.

Each time they do this, you will need to have another "favorable" medical opinion, to rebut their pack of BS.

Doctor shopping? That would be my guess.