This eBook will teach you how to get C-Files (paper and electronic) from the VA Regional Office.
How to Get your VA C-File


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    • New VA Malpractice stats from reporter
      This is the same reporter who called me last year, interested in NY VA malpractice issues. I was the only FTCA case here in NY that I had documentation on so I didn't want to let him use solely my story..it will be in my book anyhow.... http://www.nydailynews.com/news/national/legal-settlements-veterans-affairs-triple-article-1.2654179 His focus was solely on NY FTCA - VA cases and all I could do is give him some tips because these settlements are very well hidden by the VA. No one here responded as a NYer with a FTCA issue when he asked me to post his contact info here. He and another reporter found some large cases but they do not reveal how much  was paid out in 1151 when FTCA was not an option ( or the claimant or survivor filed both FTCA and 1151claims.) After a 1151 offset is recouped by VA for FTCA settlements ,then the subsequent SC payments under 1151 are not part of the whole picture...VA pays out more for malpractice then we know. There is no record (except what I have in my settlement papers of what their malpractice on my husband cost them. I added up a recent audit and it all ,in my case, is a staggering sum.) Interesting article and they did a good job in the article with the evidence they found. The rest of VA's secret malpractice cash pay outs is well hidden. And there are probably many malpractice claims that are never filed because the vet or their survivor never considered VA could have been grossly negligent in their VA health care.  
       
    • When can the VA reduce my rating "again" after reduction?
      Sorry to hear of your issues, as I too have Asthma bud. I am so tired of the VA coming after us. I just went thru this last month. I too am 100% P&T, yet the VA called me on 2/29 to come in for a Review on my 40% for Bladder issues. Well we drove over 300 miles round trip for a 10 min exam. Well what happened next, they continued my 40%, but then the Damn VA lowered my 30% for Scars down to 10%, even though I never had an Review Exam for my Scars and the Doc never asked me anything about it. Luckily it did not affect my 100% P&T. 
    • Should I file a claim now or wait?
      I agree with the others definitively file that ITF/FDC ASAP, when you file it that gives you your starting date to this claim and whats good about it  you have a year to submit the claim   and maybe have time to get yor C-FILE if you need it. Filing an ITF don't mean your filing your claim right then for what your claiming   it just means your going to file a claim within a year. Remember filing an ITF (Intent to file) you have a year to submit it as a claim, actually the VA is giving you the time to get all your evidence together before submitting the claim. if you have an appeal at the BVA  this will not effect that claim.  so file it buddy. jmo ...................Buck
    • C&P Examiner Pushed Me...FORCED
      You can always say this to the examiner, ''Do you mind if my wife/friend sets in during the exam''. My wife has always set in with me at all my exams. & I have had 4...so for. and it does help  keeps them for lying & If you call the VA you need to ask for he right person   the C&P Director for Request or Rescheduled another C&P  & Tell him/her your story as to what happen at your C&P jmo ................Buck    
    • Should I file a claim now or wait?
      Thanks Gastone, I have not started the claim on E-ben yet.  I'm still getting all my evidence in order.  I never filed on E-ben before I assume you can do a FDC on there just like filing at VSO.  
    • PTSD Denied NSC - Schizophrenia NSC
      Hi Mark, Thank you so much for responding.   He does not have a current treating psychiatrist.   Following a 1978 suicide attempt and subsequent hospitalization at a psych ward for 30 days - the psych ward doctor issued a diagnosis of schizophrenia - paranoid type.  After some bizarre behavior by my brother in years that followed, he was an outpatient treatment at county mental health center on and off and attending physician wrote diagnosis in 1983 of " schizophreniform episode with depressive symptoms" .  This medical evidence was submitted with his original claim in 1982 and his request to re-open claim in 2015.  He was not treated for any mental illness while in service / Vietnam.   At his recent C&P exam (last month) the attending VA examiner diagnosed him as still being schizophrenic and they issued a 50% rating -- but the rating indicates NSC. I will request a copy of his C&P exam from last month immediately -- thank you for pointing me to the form.  I have contacted several psychiatrists in the area to examine him and complete a "DBQ" to show nexus to his Vietnam trauma and they won't even return my calls.   My personal opinion as his sibling (I'm a former banker - certainly not a doctor) is that immediately upon return from Vietnam he had PTSD (burning his uniform, anti-social, startled behavior, etc) and this evolved into schizophrenia, culminating with a suicide attempt. Symptoms are still there -- just under the surface - because I take care of everything for him down to covering his rent shortage, co-signing for his apartment, buying his clothes and (meager) furnishings, etc.      
    • Question about NOD wait time after applying.
      Pack a lunch. DRO Reviews anywhere 12 - 18 months, DRO Hearings 2+ yrs, mine took 4.25 yrs in 2014. Check your RO's, most recent, Monday Morning Report. Unless it's changed, the MMR will show the "Total Appeals" pending for your RO. It doesn't list the DRO's separately from the BVA's. Gives you some idea of what your into. Call any of the VSO's that have an office at your RO, try to get the MFIC or a Sr Service Rep on the line. Find out how many DRO's are on your RO's Staff. He should be able to find out exactly how many pending DRO Hearings have been handled in 2016. From there you can do the math. Keep in mind, you MUST submit the "New & Material Evidence," Mandated by the VA Reg for a DRO Review or Hearing.  Early receipt of your N&M Evidence, could trigger the VA Automatic Review of your Denial by a Sr Rater or actual DRO. You "could?" get an award or a Continued Denial, much sooner than the actual DRO Hearing.  FAILURE to submit the N & M Evidence, will guarantee you an Administrative Denial. At the 4 yr mark, I filed an Official Request for an "Informal DRO Evidence Conference." Never got the conference, but within 3 months I received the VA notification that my DRO Hearing was on deck for 6/28/14. I chose to go "Informal," no recording transcription. Hearing lasted 35 min, DRO told me he was awarding everything. I was out of the RO by 930am. VSO Rep had a copy of the DRO Award by 3:30 same day. Retro hit mid July, VA Award Letter, like Aug 1. It's not unusual for the DRO's Decision, to take up to a yr after a Regular (not informal) DRO Hearing. Semper Fi
    • Question about NOD wait time after applying.
      The best way to figure out where you stand with your NOD is to follow the VA Monday reports. Look up your Waco RO and click on the TA tab all the on the right side. It will tell you how many appeals your RO has waiting. Follow the reports for a month and you will get a general number of how many NODs the RO is completing. Even this is not a guarantee or totally accurate. Example: My brother in law in Connecticut had his DRO review done in 28 days. A friend of mine out of the Tampa St Pete RO has been waiting 2 1/2 years. The VA says the average is 377 days. I figure 12 to 18 months is the average. I am out of the NY RO. I figure two years for DRO review and then tag on another three years if it goes to the BVA judge. Good luck with your appeal!
    • PTSD Denied NSC - Schizophrenia NSC
      What diagnosis does his current treating psychiatrist list? How about mental health treatment in the past--did they diagnose schizophrenia? PTSD?  When did he first manifest symptoms of schizophrenia? When did he first receive treatment for schizophrenia? Sorry to ask so many questions, but that information will help me and others to give you more specific advice.  I agree with @Berta - you have a right to receive a copy of the C&P exam reports from VBA after the Rating Decision. Use VA FORM 3288 and either mail or fax it to the VBA Centralized Intake Center. If you mail it, do so in a way that gives you proof that it was received, e.g., U.S. Postal Service Signature Confirmation. If you fax the form, you will receive a fax receipt from the VBA centralized intake center. I attached a copy of VA FORM 3288 with some tips for how to fill it out. You can complete the form by printing it and then filling it out with a pen, or you can type your answers into the form, and then print it. Be sure to sign and date the form in ink. VA FORM 3288 is online at: http://www.va.gov/vaforms/va/pdf/VA3288.pdf All the Best, Mark VA3288-Request-for-Records-use-for-C-file_Requests.pdf
    • Question about NOD wait time after applying.
      When you file a NOD how long does it generally take on the average to hear back from a DRO?. I filed a NOD form last week with Waco, TX. Regional Office and also asked for a DRO Hearing right up front to get that part out of the way without further delays asking me what kind of DRO I wanted...  Never done a NOD before so any input on average time frame of initial response is helpful.  Just curious. Wayne.

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Ron II

What Is The Average Length Of Time For A Reply From A Dro?

5 posts in this topic

I submitted a NOD with notation that I select a DRO to review my case. What is the average time

for a NOD claim with DRO review to be completed (decision made)?

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I just received DRO election form on 2 CUE claims that are in process under a reconsideration request-

Although VA has been working on the reconsideration my NOD time was almost up and I filed the NOD last week of June 2007.

These claims were filed in Sept 2004.

So I dont know when to expect a DRO review as they are actually working on these claims anyhow-

Prior experience at this VARO (Buffalo) reveals that my NOD on a 2003 claim produced a DRO review in Sept 2005 but I did not get the results until over 4 months later-Dec. 2005.I was given 60 days to respond to the SOC and I again sent the VA the 2 IMOs they failed to consider. One month later they decided to transfer my claim to the BVA. I got it back right away due to 3 legal errors and additional evidence -another IMO.

The results were in violation of established VA case law 101.The VA-by way of recent letters from them, appears to be hooked into an additional claim I filed in 2005.I received the first legal election notice I ever got in over 4 years and I stated the evidence on the back of the DRO election form for the specific claim they seem to want to award (they even filed a BVA Motion themselves on a prior denial of this claim dated 1998 at the BVA last summer ) as well as I stated that the 2003 claim has precedence over this one which I would drop if they properly award the 2003 Agent Orange death claim.I attached to this election form some of the evidence again and listed all evidence I have sent to them so far for 4 1/2 years that remains unread and therefore unrebutted.

I also referred them to the exact regs in order to award my claims,as well as FTCA matter,Section 1151 claim etc, and

two letters from VA that SUPPORT 2 of my claims- the dopes-

and referred them to Mariano V Principi-

If a veteran has sent to VA probative and competent unrebutted medical evidence

(meaning if they keep ignoring your IMOs)

the VA cannot go doctor shopping to get an opinion against the claim.

This is the reg they broke in my case and they better not do it again.

Sorry for long reply-

It is almost impossible to say how and when a NOD will be read by VA and when a DRO review will happen.

If you never received a legal VCAA letter wiout a proper election notice to resapond to- the claim will be in limbo land for years.

Edited by Berta

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I fled an appeal in April of 2007 and just received a letter about a Hearing Oct 18. From what I understand the VA has decided that after the first decision is made there is really no pressure on them to move the claim forward.

You might call 800 827 1000 and ask for a Councellor who can tell you how long but I did that and was told not till Next year.

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I have had four DRO Reviews and hearings. They all took less than one year. However, I don't think there are any hard and fast rules about time limits. It is usually faster than going to the BVA.

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My thanks to all for your comments. No wonder you old-timers are p***ed off...

Sounds like the DRO decisions take longer than orginal claims in some cases.

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