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

[cowgirl]

'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."

GOOD question; Not the BVA, not to the raters, though nearly! I have drafted up the letter that says go ahead and that the evidence is in. Basically the VA letter I recieved afew days ago says this:

We are writing in connection to the claim.....however we need additional information or evidence.

For now we are waiting for your response to this letter. What we need is outlined below..... When we receive your response, we can take further action on your claim.

=1.we requested records.......from Dr.

=2. we recieved response Dr. says records N/a and unable to locate

If the evidence is in your possesion, please submit....... It is your responsibility ot make sure we recieve all requested records.........in possesion of Federal department or agency.

Then the other declarations; Where should you send what we need

How soon should you send it

How can you contact us

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

Thanks a bunch Stretch, been working on this one for long time, tonight was drafting letter, helpin' teens with schoolwork, nearly fell asleep sitting up, then I returned to Hadit and saw this response! Got a second wind for few more minutes!cg

[Berta]

"A reveiw of my C-file revieled the RO had not requested these records at all. They told me they did not exsist."

That happened to us too-it was SSA records-

the VA actually told 2 state Senators and our Congressman that they many many attempts to get Rods SSA records yet SSA refused to honor their request and send them.

It was a lie. I called SSA in Baltimore- stayed on the phone until I could get some real answers and found out that VA never even sent SSA the request.

After that phone call VA had the records in about 2 weeks.

[Pete53]

Funny how that works?

[cowgirl]

Submitted Go Ahead letter to VA, VSO said it will go to the raters next. Even got the horses praying here~! thanks all,cg