Claim Letter! Can;t Locateold Records Delay, Advice?

[cowgirl]

Newest letter from VA, says treatment records N/A from Neurologists I saw years ago for migranes.

Letter states

A> For now we are waiting for your response to this letter,

B> "Dr doesnt have records and are unable to locate". ...if evidence is in your possesion, submit them to us"

C>VA letter also has usual statments of "....take up to a year from original claim letter to make sure we recieve the information and evidence..." "VA may decide your claim within 30 days .."

Best way to respond?? I am concerned about the risks of waiting or not waiting. For now I think the depression claim is well supported, clear diagnosis, letters, official unit supports, SMR, VA, inpatient, etc, etc, and seem heavier in weight contrasting the "unlocatable records"

My draft reply so far"I don't have the .....neurological record will continue to pursue them as best as possible and would like the claims decsion process to continue without them at this time"

Thoughts? Thanks from a worried veteran thats been working this claim for over 13 years, most of it alone and feeling alone until I found Hadit. cg

[Pete53]

I guess that you need to contact the Dr or clinic that you used and see if you can get them.

From my own experience they have the records and going in person helps. Just hope you live near the place.

[timetowinarace]

If your financially hurting and need a decision sooner rather than later, then you might want to proceed without all possible evidence. Or if you beleive that the evidence does not exist you may want to proceed. However, I wouldn't recomend it.

Try to get the records yourself. I prefer the RO to request them because Doctor's often include a letter with their opinions of severity and in my case actually said what they felt caused the migrains (in service brain injury).

I do not know if it is the case with private records but for government agency records the RO has to have a signed statement from the place that should have the records that they no longer exist. The RO cannot determine this themselves and they must continue to locate them. If I had known this on my initial claim, it would have saved me some time. A reveiw of my C-file revieled the RO had not requested these records at all. They told me they did not exsist.

Time

[LarryJ]

If you feel pretty certain that you have a good claim going forward.....then I'd tell them to forget about trying to get any more records, and specifically mention this particular doctor's records, and tell them to send your claim straight to the rating board, now.

Don't tell them that you will continue to see if you, yourself, can come up with these records, otherwise they will continue to sit on your claim, for the full allowable amount of time......in other words, if they feel like they can delay due to your wording for your reply, they will do so. Why, I don't know. But, they will.

[sixthscents]

You can still submit the records later. I would ask them to decide the claim without the evidence at this point, unless you think you will be able to obtain it in the next 30 days.

If it does show up, you can use it as new and material (help me out here anyone, I thnk I am right but I want to be sure) to reopen the claim at a later date. That might even be to your advantage.

Financially you are ok, I remember that from another thread, so... try and get the records, but if its not gonna happen in 30-60 days, tell them to decide, and when they do show up you have an automatic reason to relook the claim....

If I could get the evidence I would... If you cant, or may be delayed... well just tell them to decide and use them later if necessary, but try really hard to get them first... migraines can be a killer comp.... big percentages with a recorded history etc.

Bob Smith

[cowgirl]

Thanks Time,Pete, Larry and Sixth, great clear advice.

I am preparing the letter tonight to go forward for this claim with no uncertainty about those last records I listed on the form for the VA to get for me.

In fact, I called the doctors office and confirmed, Seven years is the magic number to Delete patients inactive records. Imagine that, I just saw a posting here at Hadit about 7 years and medical records. Now I'm curious about how the doctors office chooses the date, either date of patient intake or after 7 years of inactivity. I will be checkng my families other doctors for their policies as well. Hmm, seven years sounds a bit Biblical, eh?? Smile. cg

[Stretch]

My question would be: Was the letter the VCAA Notice Response letter? I don't know if you are at the DRO, VARO, or the BVA.

I sent a response that all of my evidence is in. Didn't send anything else, after that response, until the decision was made.

If you do not respond, that you have all the evidence in, they will sit on it. I was told this, at Hadit, about 2 years ago. I didn't realize every time that I sent in another piece of evidence the wait started all over again.

At a BVA hearing you can send in evidence anytime up until the decision date. I would call the BVA to make sure that the evidence has time or is there before your claims are being reviewed.