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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    • Mental Health C&P
      When possible, posting redacted copies of your Award/Denial letter and discussion of evidence reviewed, would still be of great assistance. Semper Fi
    • New guy here!
      I guess at least on the bright side, I'm pending an MRI via the Choice Program, should find out what's going to happen Tuesday. Beyond that, the first person I'll be calling will be my VSO :-) thanks. Patience is a virtue, Complacency kills. Never settle, never surrender.
    • Mental Health C&P
      I am so glad that you are seeing progress.  YAY!  It's great when a Veteran finally gets a little bit of what they deserve.  This whole process is so convoluted and frustrating.
    • Mental Health C&P
      Gastone, I just ordered a copy of my C file.  My exams were all done at QTC facilities so I can't get them online. It was a MH exam that was requested by the original C&P examiner on 4/26.  He even read me the referral request when I first walked into the room on Wednesday.  He also stated that it wasn't therapy but a fact-finding mission for the VA.  I asked if I could get a copy and he said it wasn't his to give.  It belonged to the VA to use for my claim.  I saw my file during my first C&P and it had a big red EXPEDITE stamp on it so maybe that is why the turn around was so quick?
    • New guy here!
      E Benefits dates are a joke.  You cannot assume that they have much meaning, honestly.  They whip around every so often without explanation, so dont take it seriously. Your best contact for updated info is the VSO, if you can get his cooperation.  He has access to more than any of the RO info that we dont.  If he doesn't, call peggy (800-827-1000).  Sometimes it is just best to forget it for a while and let it go.  Patience can be a killer. If you take a hit on your income, are facing foreclosure, you can also put in for hardship.  I know that losing your job is a lot of stress.
    • Knee Condition
      No yet, I've been on the waiting list. 
    • Assistance With Sleep Apnea Claim
      You will have a fight on your hands no doubt, but with your medical opinions and wife/buddy statements, personally I would pursue the claim.  JMO I am stubborn, however, I fight for what I can prove by medical evidence and medical rationale.  If I didn't I'd still be stuck at 30%.  Just facts, if you file for something, pursue it until the end, otherwise why put a claim in to begin with.   Principle is why I keep going.
    • My husband died in motorcycle accident
      The witness reports state that he ran the red light at a very high speed and as I said he knew that street so well and his behavior right before the accident was very out of his character. He lived .3 miles from that street for 10 years. The witnesses also stated that his helmet was not locked so it flew off during the crash.  He woke up that day cleaned out the house, cleaned the patio (I had asked him to do that for weeks), he cleaned his closed, took our son to the playground and left.  The day before I tried to convince him to move to FL and he said "no I want to die in Maryland." I think his behavior was very strange.  He was a very great dad. He was mister mom in our relationship and he would have never put his life in danger like that in a normal state of mind. I had never seen my husband cry during our relationship until he was recalled and he got so scared. He didn't want to go back to Iraq and one day he called me from SC and he started crying like a baby saying he doesn't want to leave our son for one year. I am convinced that he had an episode before the accident.     
    • My husband died in motorcycle accident
      The VA used it for this claim. The C & P might have been done in 2008 or 2009. The veteran was not prescribed any meds for his PTSD and the only treatment record seems to be what the BVA remanded for: "Obtain any records of treatment from the Perry Point VAMC since the Veteran's discharge in January 2008 until his death in April 2010." Page stated here recently:  "I also received the autopsy report and some medical records from the VA medical center my husband was seen once before he passed away" From Jan 2008 to April 2010 ......no meds and only one treatment record "once" as far as I know. That is not consistent with many other things mentioned in this thread. This is for a lawyer to handle. I cant offer anything else here. The lawyer will have the entire medical record..  

       
    • PTSD Denied NSC - Schizophrenia NSC
      VVS:  Sadly, you/your brother are dealing with someone in the VA who has no common sense OR CLUE as to what they are doing!! Its going to take a lot of research, but in the end, you/ your brother will prevail. In Wilson V Drewinski (1991) "The regulations requires CONTINUITY OF SYMPTOMATOLOGY; NOT CONTINUITY OF TREATMENT... Yes, the WIA does show an event..etc...   As for your brothers IHD,  suggest you/he fill out your info on  va form 21-0960A-1 , and take it to your brothers cardio dr. and have him complete it.  I would also complete a VA 526-EZ (ASKING TO REOPEN A PREVIOUSLY DENIED CLAIM) and send it to the VA along with the 21-0960-A. IMHO, you should FAX these forms to the VA INTAKE CENTER IN JANESVILLE,WI.  FAX# 844 822 5246  BERTA/THES REST OF THE GANG WILL GET DOWN IN THE TRENCHES WITH YA....HANG IN THERE!!!

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wjack12412

I Am Sooooooooo Angry

12 posts in this topic

My Dad just received his Brown Envelope and he was DENIED FOR EVERYTHING. He has Asbestiosis, Sleep Apnea, Pulmonary Hypertension and Cluster Headaches. He was told that the Asbestos was caused by his job that he did when after he got out the Navy. He was told by his job when he filed a Worksmans Comp claim that his Asbestos was caused by the Navy. Tomorrow I will be going to his house to see the letter to begin doing an immediate Notice of Disagreement. We will be sending in the letter from the previous doctor's saying he got it from the Navy. The pulmonary hypertension and sleep apnea is secondary to his asbestos so I think. He said he began getting cluster headaches when he was in Vietnam on the ships and them shooting the guns causing him sever headaches. I will be getting a buddy statement to tell about how they would shoot the guns and it would cause hiim great distress. Any other assistance to help my Dad will be anticipated, because as some of you Vietnam Vets know they find ways to screw you. Here I am 100% and he damn near can't breath and they tell him NO. I WILL FIGHT THE GOOD FIGHT.

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Wjack, I need some more info. I also have Pulmonary Hypertension associated with Lung Disease.

You need his doc to write a nexus letter stating that your fathers naval rating or Job as well as being aboard ship that contained asbestos insulation was his first exposure. Then his Civiian occupation was his second exposure. Link both exposures together so they cannot play one against the other. Once you get the asbestos Service connected ask for 100 percent schedular because of Pulmonary hypertension.

That disease in itself is the most serious. It is an automatic 100 percent when associated with Lung disease. ( Does not matter what the Lung disease is rated at.)

Ask for a DRO and If need be, I can assist or even write you a letter. ( I was a Naval Asbestos Worker specialized in shipboard removal) and have the credentials in the service record to back it up.

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Wjack,

NOD info:

Study Chapter 5:

http://www.warms.vba.va.gov/M21_1MR.html

Also, search the hadit site on writing the NOD.

Yes, you fight the good fight - others will bop in here, jbasser will

help you too. Don't you give up on this, I know you won't but

VA hopes you will.

jmho,

carlie

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It is good that your Dad has you to help him and that in and of itself is great! Sorry that they are doing this to you Dad's claim.

Here is a quote - oldie but goodie - Don't get mad - get EVEN!

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Wjack, I need some more info. I also have Pulmonary Hypertension associated with Lung Disease.

You need his doc to write a nexus letter stating that your fathers naval rating or Job as well as being aboard ship that contained asbestos insulation was his first exposure. Then his Civiian occupation was his second exposure. Link both exposures together so they cannot play one against the other. Once you get the asbestos Service connected ask for 100 percent schedular because of Pulmonary hypertension.

That disease in itself is the most serious. It is an automatic 100 percent when associated with Lung disease. ( Does not matter what the Lung disease is rated at.)

Ask for a DRO and If need be, I can assist or even write you a letter. ( I was a Naval Asbestos Worker specialized in shipboard removal) and have the credentials in the service record to back it up.

Jbasser,

My Dad is a Retired Damage Controlman and although he is able to still somewhat enjoy life about 8 years ago he was diagnosed with asbestos and he put in for Workmans Comp and everyone of those doctors claim that he received got asbestos from being exposed in the Navy. He served on every old asbestos ship. We are going to send his previous doctors notes stating it was from him being in the Navy. :rolleyes: Thank you guys so much. I am trying to remain positive, but my Dad is the reason I joined the Navy, because he spoke so highly of the places and things he did that I wanted to do the same. I was given 100% within 14 months of my retirement.

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I am glad that you are helping your Dad and probably your Mom also.

Good Luck

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On asbestos claims- I highly recommend that the vet spell out their actual shipboard MOS-the DD 214 might not reflect what they did to expose them to asbestos-

Did the VA send his claim through the VA PIES co- ordinator?

Seems to me they sure took the easy way out-

Has he considered getting into any of the asbestos class action lawsuits?

Also- was he refused Workman's Comp due to that statement by the employer? Do you have documentation of that?

This most surely will take a good medical opinion from a real doctor-

was he actually exposed to asbestos at all post-service?

Definitely fight this!

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My Dad just received his Brown Envelope and he was DENIED FOR EVERYTHING. He has Asbestiosis, Sleep Apnea, Pulmonary Hypertension and Cluster Headaches. He was told that the Asbestos was caused by his job that he did when after he got out the Navy. He was told by his job when he filed a Worksmans Comp claim that his Asbestos was caused by the Navy. Tomorrow I will be going to his house to see the letter to begin doing an immediate Notice of Disagreement. We will be sending in the letter from the previous doctor's saying he got it from the Navy. The pulmonary hypertension and sleep apnea is secondary to his asbestos so I think. He said he began getting cluster headaches when he was in Vietnam on the ships and them shooting the guns causing him sever headaches. I will be getting a buddy statement to tell about how they would shoot the guns and it would cause hiim great distress. Any other assistance to help my Dad will be anticipated, because as some of you Vietnam Vets know they find ways to screw you. Here I am 100% and he damn near can't breath and they tell him NO. I WILL FIGHT THE GOOD FIGHT.

Try to get a few buddy statements. It might take some time, but if your dad remembers his fellow shipmates' names and where they were from try to located them. It took me many phone calls and I finally located 2 fellow shipmates who provided buddy statements. Their statements were part of what helped me win my VA claim for hearing loss and tinnitus. They stated the working conditions we worked in and that we were not issue any protection against the enviornmental hazards we were exposed to. If your Dad's ship was an old WWII type there was probably dust from the pipe insulation every time the guns were fired. His service record should have copies of his Navy job performance reviews and copies of his Navy work history, which specify what Navy jobs he did. You might make a list of the jobs your Dad did before and after enlistment.

68mustang

I agree with Berta

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Hello WJack,

the VARO rating specialists tend to set aside favorable evidence and focus primarily on "any" kind of negative evidence.

They claim pushing a car out of some mud or walking in snow(post service)caused more spinal problems than the "Blunt Chest Trauma" or artillery trauma I experienced at age 19.

I have no doubt they'll deny my asbestos claim as well, but i'm going to file it anyway.

Lacking a certified photo of asbestos from the ship entering my mouth or nose, signed by an officer in my SMR's, it may be difficult to convince VARO raters of exposure during service.

Toxic exposure some how must have been controlled and made safe on every US Naval vessel and piece of land, everywhere on the planet except the soil of Vietnam.

WoW! Almost to good to believe. According to the DVA and our government, life was so good on these ships, enlistees were lucky to get paid.

I'm surprized the rater didn't say, since your father had no boots on the ground in Vietnam, he couldn't have been exposed to asbestos.

I suppose the AO, jet fuel, diesel and bunker crude that was sucked up the ships intake, ran through the evaps and ran through your fathers body on a daily bases, has no effect on him either?

It wasn't long ago I had an SO explain why my claim wasn't going anywhere.

"You didn't do anything during your service, you were in the Navy".

"Your not a Vietnam Vet and there is no boots on the ground."

There is more to it than getting favorable evidence properly weighed, working agaisnt veterans.

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On asbestos claims- I highly recommend that the vet spell out their actual shipboard MOS-the DD 214 might not reflect what they did to expose them to asbestos-

Did the VA send his claim through the VA PIES co- ordinator?

Seems to me they sure took the easy way out-

Has he considered getting into any of the asbestos class action lawsuits?

Also- was he refused Workman's Comp due to that statement by the employer? Do you have documentation of that?

This most surely will take a good medical opinion from a real doctor-

was he actually exposed to asbestos at all post-service?

Definitely fight this!

Spent the day at mt Dad and we found his Workman's Comp disapproval letter stating that his asbestos came from being below deck on Navy Vessels for 10 years. We have a buddy that is willing to write a statement as to where my Dad spent most of his time below deck in the boiler rooms. He is feeling better today and ready to fight, fight, fight. I will post what they wrote about his asbestos tomorrow a little tired from such a hard day.

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Spent the day at mt Dad and we found his Workman's Comp disapproval letter stating that his asbestos came from being below deck on Navy Vessels for 10 years. We have a buddy that is willing to write a statement as to where my Dad spent most of his time below deck in the boiler rooms. He is feeling better today and ready to fight, fight, fight. I will post what they wrote about his asbestos tomorrow a little tired from such a hard day.

wjack12412

I have been keeping up with your posts, because I too was exposed to asbetsos while serving on an old Tin Can. I worked in the boileroom while underway and at port. Also worked there when the ship went to drydock at Charlestown, Mass. We worked alongside the drydock workers when removing and installing asbestos from the boilers.

I have been diagnosed with pulmonary fibrosis, but it has not turned to asbestosis. So far I have been lucky.

Please keep us posted on what you come up against while you pursue your Dad's claim.

68mustang

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This may be a shot in the dark, but in thoughts of finding your dads buddies or shipmates, you may see if there are any promotion or travel orders he has. Often times there are many names on one list and those are usually at 'unit' level. Also there are free post areas in the back of veteran magazines, DAV and VFW are a few that come to mind. Thats thinking that many WWII vets may not use teh computer to search out one another. Just a few thoughts. Bless you and your dad! cg

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