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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    • PTSD Denied NSC - Schizophrenia NSC
      You are most welcome. :o) Does he refuse psych treatment? Schizophrenia is a serious illness, but patients can often enjoy substantial improvement with treatment. With the NSC 50% rating for schizophrenia, he can receive free treatment at a VAMC or VA outpatient clinic.  When was he discharged? @THOMAS89031's point about continuity of symptoms is an important one. I've done several C&P exams with vets who were not diagnosed with schizophrenia in service but who began to manifest symptoms shortly after service. Schizophrenia usually starts with prodromal symptoms before progressing to the full-blown disorder, so if those symptoms can be identified as beginning during military service, and then continuity of symptoms can be demonstrated, then the veteran should be service-connected. (Of course, the ultimate decision is up to VBA or the BVA, as you know.) He might very well also suffer from PTSD, but it will help to see what the C&P examiner said about that. Yes, being wounded by an explosive booby trap is certainly a traumatic stressor. It sounds like they are not disputing that fact, but are instead saying that he is not displaying PTSD symptoms (or not many) currently.  You really need a psychiatrist or psychologist with experience conducting C&P exams, otherwise they won't know what kind of information VBA needs to determine service connection. Also, keep in mind that when a doctor completes a DBQ, he or she is declaring him or herself to be an expert witness, offering an expert witness opinion in a federal legal proceeding. Consequently, psychologists and psychiatrists who know what they are doing will devote sufficient time to conduct a thorough, evidence-based evaluation, and write a cogent report to support their diagnosis and opinion(s). So, you're talking at least 5, and as many as 10 hours for a good evaluation and report. At anywhere from $150 to $300 per hour (psychiatrists usually charge more), you're looking at $750 to $3000 for a well-written, persuasive report.  A potentially effective, but less expensive option is a "report critique", in which the psychologist or psychiatrist reviews all the relevant records, and then critiques the C&P exam report, pointing out deficiencies particularly with regard to following established VA guidance for C&P exams, and professional standards for such evaluations. Such a critique can support a request for reconsideration and a new C&P exam. If granted, the critique puts the new C&P examiner on notice that they better conduct a thorough, evidence-based evaluation consistent with VA guidance and relevant professional standards ... because you (and your experts) are watching.  Keep us posted!  All the Best, Mark  
    • Curious
      Hi Everyone! Would Like To Say Happy Memorial Day To My Fellow Comrades And All The Fallen Veterans For Paying The Ultimate Price Of Life! I Went On Ebennie Friday, May 27, 2016 And Seen Where My Claim Went To PDA. I Originally Filed For Three (3) Contentions: hysterectomy, bilateral foot condition and cervical radiculopathy. I received both C&P examinations on May 13, 2016 for hysterectomy and bilateral foot condition, but have not received one for the cervical radiculopathy. Have there ever been a situation where the rater may possibly rate the cervical radiculopathy along with the other two, if I have sufficient evidence in my records?
    • New VA Malpractice stats from reporter
      Its a crying shame these veterans died  from the substandard health care the VA  has give them. I know the VA will eventually kill me off. As my pcp just looks at my chart and I don't think she even reads it.  Example The last time I went in to see my PCP by Appointment  6 month check-up She was in a hurry  it was 2:00pm  she had a Meeting with the big wigs there at the Hospital at 3:00pm she said my vitals look ok do you have any questions? she never read my chats I watched her, I said yes mam I do have,  she said well let me look at you and she listen to my heart lungs  vowel sounds  ect,,ect,, took  maybe two minutes.. I went in for my exam at 2:00pm and it was over at 2:10 pm then I sit back in the chair by her desk at the computer, I was going tell her I had this chronic disabling pain in my right hip..she said well its probably arthritis you do have DJD, I'll send you to X-Ray.&  I wanted to tell her I been having a coughing spree for the last 2 months and wanted to get her to check that out too  then she said alright this ends your exam  just stop by the X-Ray dept on your way out  walk me to the door  like get the hell out of here I'm busy with a meeting at 3:00 ...I was there every bit of 5 minutes and never got a chance to ask he about my swollen Prostate and the problems its been causing me   I was going to let her know the med's she has me on for that don't seem to be working  but she had to go to that meeting with the big wigs  and it was at 3:00 pm according to the Tech that check my B.P. Vitals she did renew my meds.  guess that's a good deal. so needless to say it pissed me off  but what can be done about it...this is maybe nothing to worry to much about  but it could turn in to be worse or cost me my life at some point &time she use to be throual and check me out from hear to toe and talk with me explain things to me  and I really started to like her..but I'm in doubt now. What about the other veterans that are in worse shape than me...I tell ya the VA Kill us all if nothing is done about this VA substandard heath care. If I had the $$ or insurance I'd sure use private care..I hope to live a little longer. JMO .........Buck      
    • DRO hearing
      Berta the P&T was in fact my whole case I brought up to the DRO. I had the POA go over and asked them to approve the P&T and I would drop the bowel and bladder issues. They refused. So since they want to go that route then I am going to make them pay big time as in extra scheduling such as SMC. I gave them a chance to fix themselves but the DRO is dumb enough to refuse. Oh well the CUE will settle and fix everything because this should have been rated whenever they rated my legs during the De Novo Review back in Feb. They cannot pick and choose what and what not to rate when the evidence is overwhelming and I am not going to let them.
    • Miss Figured EED?
      Buck, we can not answer that question unless we had way more information.  The effective date is the later of the date the doc said you are disabled, or the date you applied.  Since I dont know when the doc said this vet was disabled, I can not answer.   However...I would treat this as a reduction, and appeal that reduction, since the reduction amounted, apparently, to a later effective date, even with the new disability.  
    • When can the VA reduce my rating "again" after reduction?
      Va can/does lower your rating at any time.  How long ago did they reduce you?  You may still be able to appeal.  You see, VA can NOT reduce 100% P and T Veterans, UNLESS they can show "actual improvement" under "ordinary conditions of life", that is, while working.  If you are not working, then you should appeal.  
    • New VA Malpractice stats from reporter
      I can say with some certainty its "not just" NY VA.  My VA also gives mostly substandard care, but there are some great parts about my VAMC.  For example, the audio department is superb.  Last week I  got hearing aids adjusted from the audiologist who did my 2002 exam.   This means she was there for 14 years.  I dont think she would have stayed that long unless the department was running at least somewhat right.  
    • 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. 

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DickC

I've Won One Claim So Far

17 posts in this topic

I have filed claims for a hearing loss which is currently on appeal but they granted me 10% on my tinitus. I have had the C&P exams for my migranes and depression and I'm not sure how they will turn out. I thought the one with the neurologist went better than the one with the shrink. Just wanted t say thanks for all the info I have found here.

Dick

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Congrats & keep working your other claims.

carlie

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Congrats!!!

Victory is sweet!!!!

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Good for you keep on plugging I am glad you won your first but make sure you follow-up on all claims

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Congrats and best of luck on your appeals. Keep all the dates in mind and ask questions; here there and everywhere if you need to. cg

I have filed claims for a hearing loss which is currently on appeal but they granted me 10% on my tinitus. I have had the C&P exams for my migranes and depression and I'm not sure how they will turn out. I thought the one with the neurologist went better than the one with the shrink. Just wanted t say thanks for all the info I have found here.

Dick

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10% is a foot in the door- You did great!

I assume your migraines and depression can be supported by your SMRs or an inservice event- a nexus they cannot quetion?

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There are a couple references in the copies my SMR that they sent me regarding headaches during welding but the records are not complete and I know this to be a fact and have told the VA this. The VA neuroligist that I saw for my C&P exam told me that migraines are genetic and can lay dormant for years or forever BUT are often triggered by something that gets them started. Mine started when I began welding for the navy and was poisoned by metal fume fever a few different times. I told the doc all of this so now I guess we wait and see what happens.

Dick

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Congrats on the tinnitus, I have this as a claim in the belfry also! Any advice is welcome this way too!

Regards your other claims, do you have an IMO opinion too? Its good to have a second opinion (civilian) as insurance if possible. Got a copy of your Cfile yet? If not, you may want to wait until recieving your claim response, then request it. I requested my CFile and only got copies of my SMRs initially, but had to re-request for the rest of the VA CFile claim data information copies.

Best to ya,cg

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When I went for the audio test the lady giving the test went out of her way to show it could not be realted to the service. VA granted the tinnitus but denied the hearing loss based only on her comments concerning my audio exam when I was discharged. The same frequencies I have hearing losses in now are the same ones that show up on the audio exam in question.

I do have a letter from my civilian doc that states "it is as least likely as not" that my headaches are a result of exposure to toxins in the military.

I am not sure what a Cfile is but am assuming it is the file where the approvals or denials are documented. Am I correct?

Dick

Congrats on the tinnitus, I have this as a claim in the belfry also! Any advice is welcome this way too!

Regards your other claims, do you have an IMO opinion too? Its good to have a second opinion (civilian) as insurance if possible. Got a copy of your Cfile yet? If not, you may want to wait until recieving your claim response, then request it. I requested my CFile and only got copies of my SMRs initially, but had to re-request for the rest of the VA CFile claim data information copies.

Best to ya,cg

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Dick, a C-file is a ©laims File. In this instance, YOUR Claims File.

Contained in your C-file is (or, at least, should be) EVERYthing. Seriously, dude, EVERYthing. EVERY piece of paper that you have given the VA, every piece of paper that the US military had on you (your SMR's (Service Medical Records) you personnel file, your enlistment papers, your DD214, etc.) and every piece of paper that the VA has given to you.

That, and your VA-generated medical records should be all the paper-trail existing.

It is a VERY good idea to either be in possession of copies of ALL the above.....or, at least, on occasion, to lay eyes on each of these pieces of paper.

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Well the VA gave me a hearing test and a hearing aid maybe one of these days I will just make a copy of the notes that enabled me to get the aid and file a new claim and if I get it I could get the life insurance in missed 17 years ago.

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I got a letter from the VA today and they have awarded 50% for my migraines and 50% for my depression on top of the 10% for the tinnitus that I had already won. That means according to VA math that I am now 80%. I really want to say thanks to everybody for the information that is on this site. I have read the letter about 5 times and still can't believe it.

Dick

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Way to go Dick, get your due and take care of yourself now. Congrats,cg

I got a letter from the VA today and they have awarded 50% for my migraines and 50% for my depression on top of the 10% for the tinnitus that I had already won. That means according to VA math that I am now 80%. I really want to say thanks to everybody for the information that is on this site. I have read the letter about 5 times and still can't believe it.

Dick

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Dick:

If you are happy than so are we. If you are not working you could be entitled to TDIU. Believe it or not the VA awards it to people who are over 65 not that I am implying that would be your case.

Many Veterans who do not know over look a lot of benefits.

Also if you stop working later you can apply for TDIU and unless they change it than it will be a slam dunk.

Hang around and help other Veterans.

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I am happy with the decision and plan on hanging around whenever I can. Thanks

Again.

Dick

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Alright, congrats,

I'm working on my appeal on hearing loss and tininitus. For osme reason the audiologist put on my exam that my moderate to severe hearing loss was not caused from acoustical traumm. She diagnosed moderate to severe in right ear, a little less in the left. I had a buddy letter with the claim form a buddy worked side by side with form California. He told of the loud blowers and how we had to scream at each other to talk, the 5 inch guns caching you off guard when you were close. He is 80% percent SCed just on his hearing, of course he is almost deaf. They blew air in my ears as part of the test and my tinnintus has been much worse since. I sopke with and a guy who has 4 years experience in audiology. He told me don't ever let them do that, it is damaging to the ears. More damage and no percentage. What really blew me away the audiologist stated after the test. I'll write this up and they may send you for more test or they may just give you a rating. Go figure.

Danang_1969

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Alright, congrats,

I'm working on my appeal on hearing loss and tininitus. For osme reason the audiologist put on my exam that my moderate to severe hearing loss was not caused from acoustical traumm. She diagnosed moderate to severe in right ear, a little less in the left. I had a buddy letter with the claim form a buddy worked side by side with form California. He told of the loud blowers and how we had to scream at each other to talk, the 5 inch guns caching you off guard when you were close. He is 80% percent SCed just on his hearing, of course he is almost deaf. They blew air in my ears as part of the test and my tinnintus has been much worse since. I sopke with and a guy who has 4 years experience in audiology. He told me don't ever let them do that, it is damaging to the ears. More damage and no percentage. What really blew me away the audiologist stated after the test. I'll write this up and they may send you for more test or they may just give you a rating. Go figure.

Danang_1969

The audiologist I saw said my hearing was "perfectly normal" upon discharge. The 2 audiograms in my service records spaced 3 years apart show different. Right ear is worse than the left. I took the numbers on my service audigrams and made a chart and submitted that with my appeal.

Dick

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