Seeing The C-file / Obtaining Copies

[free_spirit_etc]

I called the VA today (Chicago RO) about seeing my husband's C-file --and getting copies of a few of the documents.

I was told to see the C-file I need to write a request for an appointment -and it will take about 6 months.

The same for getting copies of any documents. -- write a request and wait 6 months.

I told her my husband had requested these documents LAST summer. She checked his file status and said the status is "Privacy" - which meas it IS in the process of having the documents copied - and that I should receive them in 30 days.

Does this seem accurate -- Would they still send copies of the documents requested if his case has been closed due to his death without me filing another request?

Does it generally take 6 months just to be able to get an appointment to see your C-file.

I am particularly interested in getting a copy of his discharge physical -- as he didn't seem to have a copy. We even sent in a separate request for that -- as a limited request - hoping to get it quicker.

The National Records Center say they don't have copies of his medical records - since they are at the VA.

Do they ever go back to the Records Center? Or when you file a VA claim - does that mean your records live at the VA?

It seems like the Records Center could just send COPIES of your SMRs -- so they wouldn't be held hostage when you need them...

Free

[Ricky]

Free - six months sounds about right but it depends on the work load of your VARO. I am no legal expert but I assume that since the privacy act request was in place they still have to comply with it. As far as the records are concerned the reason for the records center sending the originals to VA is that since the VA is really the only activity that needs the med recs then it clears space at the personnel center for other valauble service records. It should be common practice for the VA to retire the C File to a VA records holding area, if such a place exists, at a specified time after the death of a vet (providing no action has been taken by the spouse for accrued benefits or DIC claims (don't really know so I am just guessing on this one).

[free_spirit_etc]

Thanks Ricky. It seemed like a long time to me. I hope they go ahead and process the request my husband sent then -- so I don't have to start over on the time frame.

I am also wondering - they say for accrued benefits they make the decision on the information in the file at the time of death. I know they also assume the SMRs are IN the file - whether they are in the file or not. (i.e. if you later discover a SMR that should have been in the file, but wasn't - it is added to the list of what was IN the file)

Does anyone know if this also applies to OTHER information that you have informed the VA of -- that they should have obtained? --If you let them know that other agencies had records that needed to be obtained -- and THEY did not obtain them --can that information still be considered as being IN the file at the time of death if obtained later.

For instance -- the VA had denied my husband was exposed to asbestos -- as he wasn't part of an occupational screening. We had informed the VA that the Air Force did not even START medical screening for asbestos until AFTER my husband was no longer an electrician. The first regualtion WE found was for several years later.

Now - if the VA was made aware that such a document existed -- (like it would be a surprise to them) --and they had not obtained it - can it still be added and conisdered part of the record? Or can they not consider it part of the record at his death when they did not obtain it?

Personally, I think they SHOULD know when the screening programs started. Because of the time lag in asbesots related illness -- the VETS that are now being affected by asbestos were often exposed BEFORE any screening programs (or safety measures) were in place. Also the PELS changed significantly over time -- so what used to be considered safe is now outlawed.

So for them to just be able to say "you weren't part of an occupational screening" when the military did not even IMPLEMENT such programs until later -- seems a bit unfair.

So I think - like the PIES --they SHOULD have a record of when the safety programs began --as this could affect a lot of vets.

Free

Free - six months sounds about right but it depends on the work load of your VARO. I am no legal expert but I assume that since the privacy act request was in place they still have to comply with it. As far as the records are concerned the reason for the records center sending the originals to VA is that since the VA is really the only activity that needs the med recs then it clears space at the personnel center for other valauble service records. It should be common practice for the VA to retire the C File to a VA records holding area, if such a place exists, at a specified time after the death of a vet (providing no action has been taken by the spouse for accrued benefits or DIC claims (don't really know so I am just guessing on this one).

[Ricky]

Free - sorry but my interpertation of the regulation is it really means in the file at the time of death. Eventhough they were aware of records and had truly taken the action required to obtain them they can not be added after the death. It is unfair and a disgrace but that is my take (opinion). One would think that if a SMR is found or records already exist (not new imo's that you asked for after the death) the law would allow the addition to the file. However, the way they twist and turn in applying the laws and regulations I am sure they will not allow anything to be added.

Maybe Berta or Bob or Pete or etc..... will come along and provide a different interpertation of the regulation for they know much more than I about VA law. I am just a baby compared to them (not age wise).