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How to Get your VA C-File


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    • Should I file a claim now or wait?
      When i was denied my claim for my hip I just said the heck with the NOD and the wait time it would take to get an appeal. I just reopened that claim with more evidence instead!! I figured it was a better option the the NOD highway.  If approved then I'll shoot for an EED back to the first time i filed and was denied.  Just seems easier that way than the other. JMHO!!!
    • Should I file a claim now or wait?
      I don't know what others would do but I would go om lime to ebenifts start my claim. That gives you one year to finish it and keep your effective date. The problem with waiting on the board is it can be 5 years or more. I have a claim finally going to a hearing on June 17th. This claim dates back to Aug 04. Been on the hamster wheel remand back to RO now back to board 
    • My husband died in motorcycle accident
      Ms berta I was thinking  this veteran had  filed for an increase before his death, and he himself disagreed with VA decision to rate him at 10%. My point would be , if he was rated at 100%  then his behavior symptoms  could indeed be worse, and therefore increasing chances of His behavior being worsen & caused by or/aggravated by the PTSD, I Think that's a point the Attorneys need to raise a stink about. However that maybe putting the cart before the horse! The good points about his careless/wreck less riding  popping wheelies and riding his motorcycle in a careless way seconds before the Accident  is > that he was not Drinking or on Drugs  that's a good point to bring up. Actually this all stems from his S.C. PTSD & the Aggravated symptoms of behavior. Depends on Autopsy reports and toxicology reports as to what this grave outcome will be. What if he started to have a SEIZURE seconds before his Untimely  Accident?   Anxiety  and many symptoms of PTSD can be noted that it was a probability. Autopsy reports should reveal that. This is all I can  basically see for her defense. Could she go on an process his Claim for Increase  or would that be useless? The only thing I can see that will hurt this case  is his reckless driving and popping wheelies and riding his Motorcycle in an unsafe manner right before the Accident and Witnesses to testify in the Accident Report....but then again He had a diagnoses of PTSD. jmo .................Buck
    • Just got my C&P letter, what to expect?
      No never did get it yet, ill get it in time for my appeals for what ever I'm denied for. As far as my anxiety/ptsd, I can't get any doctor to fill out the dbq's. So will they just deny me, or will he ask me about it. there was a service incident that caused my anxiety, I was just trying to be mr tough guy, and didn't go get seen. 
    • PTSD Denied NSC - Schizophrenia NSC
      ZERO Rating Decision received!   "The previous denial of service connection for PTSD is confirmed and continued.  The evidence does not show a current diagnosed disability".   "The previous denial of service connection for schizophrenia, residual type, competent is confirmed and continued.  The evidence does not show an event, disease or injury in service.  Your service treatment records do not contain complaints, treatment, or diagnosis for this condition.  The evidence does not support a change in our prior decision.  Therefore we are confirming the previous denial of this claim. Doesn't being WIA with purple heart from grenade booby trap show an event and injury in service?   Furthermore, they made no mention of Agent Orange disabilities claimed (hypertension, ischemic heart disease, etc) even after I responded to 8 of their questions on this disability.    They did concede 50% schizophrenia NSC as well as INCOMPETENT requiring my brother to engage me as Fiduciary.  Also gave him 40% combined for osteoarthritis and muscle strain SC for his wounds in arm, heel, and knee.   At least he'll get this money.   But I am utterly flabbergasted and discouraged that they would deny him the major PTSD and Schizophrenia claims.   Guess I'll be taking to higher authority now --- Berta, Bronco, anyone ?
    • Fiduciary Adjustment
      https://www.nraila.org/articles/20160520/outrage-of-the-week-illinois-sen-dick-durbin-blocks-efforts-to-restore-rights-to-veterans
    • DONT USE VSO
      There are some Great VSO's out there that will do any thing they possibly can do for the veteran to help win his/her claim, and there some that just milk the system.  A veteran needs to wise up and learn the system himself and work his own claim if he don't get a good VSO & not help or be of any help ...when that happens its time to Fire the VSO. Choose another if he wishes  but the important part here is learn how the system works  & educate himself to the VA.  In cases of some vets they have to rely on a VSO for help   if they don't have a computer or know how to use one or live in a remote area. if its going to be by snail mail  then the VA should send the veteran all the information he needs and have the vet to send in a FOIA and then let the VA Request all the records and medical they need to adjuicate the claim. beings they do send out a NOD form  in case the vet is denied, with the information as what to do with the NOD. Veterans need to keep ALL copies VA sends them no matter what. Until the veteran is denied andfiles an appeal and don't know diddly about the VA system  then its time to DROP THE VSO and find a good experienced VA  Attorney.   I wonder what would happen if a veteran wrote the VA   letter and stating'' please help adjuicate my claim, I do understand the VA has an Obligations to ASSIST THE VETERAN in the claims process  my VSO does nothing to help and I am lost as what &how to persure my compensation claim
    • Hypertension(high Blood Pressure)
      I just received my rating...hypertension rated 0%.  I have BP which hoovers around 140/98...so no 100 or more Diastolic.  I am taking medication now due to doctor's recommendation which brought it down to 130/80s.  To receive higher rating, does the readings have to be 100+ WITH medication?  I am thinking with med increase as the time goes it probably will never go higher...unless I am close to heaven.  The rating was given before I started the medication.
    • Just got my C&P letter, what to expect?
      Did you ever get a copy of your service medical record? The way they do it now, its digital and pretty quick to access that info. No prep needed for a C&P exam.  Just show up.  Its good to understand the rating process, and what the C&P examiner should be doing at the exam, but not required.  I went through the DBQ forms that they have on the VA Web Site for my conditions so that I would understand what was going on and why.  You can find the DBQ's here. They want to check out what is in your claim for the most part.  They are not there to treat you as a patient.  If you have records to show them, to back up your claim for service connection, you can take them, but the examiner is not required to look, some do, some dont.  Wear something comfortable, that wont interfere with the examination, I wore some gym shorts and a T shirt. Gluck.
    • DONT USE VSO
      Mitch I have been around the VA block since 1981. There are some Great VSOs but are the ones who are always overwhelmed and probably burn out very fast. I happened to gop throught this whole post Broncovet had stated: "Posted October 7, 2015 · Report post According to the BVA chairmans report, State VSO's have the worst record (of wins for the Veteran) of all.  Attorneys have the best record." I filed a 43 page complaint with the VA OIG on my state's so called VSOs.  Of the 4 I mentioned with evidence, only one kept their job but was demoted. They also continually felt my AO DMII claim had no basis whatsoever.And they lied about the substance of a DRO review one of them showed up at. I was absolutely delighted to contact the state  Dept of Vets affairs attorney (who know of the complaint with the OIG) to tell him I not only won that case (the most important one I ever filed) but I also won a 3 part CUE they didnt think would succeed. I also sued the former DAV Rep I had  in Federal court.There was no monetary gain because I just wanted to show him and the DAV lawyer how  piss poor his representation was. His lawyer called me aside after I deposed this rep  and told me to become a lawyer. They were shocked that  I had won a FTCA case and the DAV ignored the significance of that for my 1151 DIC issue. I am sure you will do a very good job at repping vets and their survivors.So don't take our comments personally.... But after I got rid of using VSO or vet reps, I did much better with getting my claims resolved. I don't get it. I had the same training they had from NVLSP but never went to the seminar. I didn't need to go to the seminar, I have purchased the annual VBM from NVLSP since 1991 . The VBMs I donated to my state reps ,when I first though they were really on the ball, went unread by them and were unaccessible to any veteran who might want to peruse them at their office on the grounds of a VAMC. More and more vets are handling their claims themselves with the help of hadit and the internet. I have seen countless remands from the BVA whereby their representation did NOTHING to get the case resolved sooner and at a RO level. Even my VCAA letter was illegal but my state reps did not care .The state Director suddenly was replaced after I sent the OIG a letter he had sent to me. saying it was legal.Even the BVA agreed it was not. I just hope that because of my efforts ,neither the State of NY nor the DAV here in NY ever treated widows,after all that,  like shit again.            

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Tbird

092. What Is The Rule On The Effective Date Of A Claim?

Question

92. What is the rule on the effective date of a claim?

When the Veterans Affairs finds that a veteran is entitled to cash benefits, it will assign an effective date for when these begin. Pursuant to 38 C.F.R. 3.400 (2), the effective date of VA disability compensation benefits for direct service connection is the “[d] ay following separation from active service OR date entitlement arose if claim is received within 1 year after separation from service; otherwise, date of receipt of claim, or date entitlement arose, whichever is later.” See 38 U.S.C. 5110(a).

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2 answers to this question

QUESTION:

I don't want to post a ton of information if this is not where I need to be, so let me sum up:

I enlisted 12/6/1994 and was medically discharged 12/12/1995 with a 10% disability and given a lump sum of $2,112 for Bilateral Plantar Facitis. I Filed a claim upon leaving the military (as I was told) moved to California and assigned the American Legion reps to handle my stuff. On 4/16/1997 I was denied all other claims (I submitted 10 in all) except Anemia and given 0% for that and my original disability was dropped to 0% as well. I appealed and received a letter on 9/30/1997 to submit another form 21-526 which I had originally used in the first place on 11/24/1995 and 8/26/1996. I have no records or recolection after that and basically gave up because I didn't have new information and my marriage was going sour. I never heard back from the American Legion (they weren't very helpful to begin with). Nearly 10 years later, I am having some serious nerve damage in my neck which shows up in my arms as loss of sensation (one of my original claims that was denied). I've discovered that I have osteo arthritis in my neck and many of the 10 things I originally claimed are connected symptoms. I also claimed chronic UTI's and recently had to have a sling placed over my bladder for this issue in November of 2004. My grandfather, Conrad Holsomback, told me about this site and to reopen my claim. I know this isn't short, but my main questions are:

1-How can they reduce a % that was the cause to kick me out of the military and I was told is not reversable? I have to pay a higher co-pay if I am less that 10%.

2-Is there anyway to get my claim retroactive or do I really have to start all over?

3-How can they start paying from the date the claim is filed, yet when they dropped my % they made it retroactive to the day I was discharged?

4-In their denial letter, the findings state that certain test results "were not available for review and will be requested for consideration"; "the VA exam noted this condition by history only"; "this condition was not noted on the VA exam"; reports three episodes during April, July and September 1995, but "there is no evidence of chronic condition" and finally with my current issues "the diagnosis showed a history of symptomatic paresthesias with prolonged use of the hands"

How is that any basis for an answer and how can I appeal this now, nearly 9 years later?

I really need help and am furious that I didn't stick this out before, but I was nearly 22 and had other issues to deal with. I still have issues, but this is now a persistent problem and I am so frustrated that they treat people like this when they are unknowing of how to "use" the system.

I didn't pursue it because I didn't have any new evidence and they didn't use the evidence they got or search for the problem that related to the symptom.

PLEASE HELP DIRECT ME

I am going to the VA clinic tomorrow to get re-registered and see if I can get in for my "non-service connnected" ailments.

THANK YOU

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92. What is the rule on the effective date of a claim?

When the Veterans Affairs finds that a veteran is entitled to cash benefits, it will assign an effective date for when these begin. Pursuant to 38 C.F.R. 3.400 (2), the effective date of VA disability compensation benefits for direct service connection is the "[d] ay following separation from active service OR date entitlement arose if claim is received within 1 year after separation from service; otherwise, date of receipt of claim, or date entitlement arose, whichever is later." See 38 U.S.C. 5110(a).

In cases where a claim is re-opened with new and material evidence, is the effective date the date of the original claim OR the date the new evidence was submitted? The one-year rule is not applicable.

I originally submitted my claim in 1999; the new and material evidence was submitted 30 Aug 06. The VA approved retro to 30 Aug 06.

Thanks...

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