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


  • Topics

  • Forum Statistics

    • Total Topics
      60,351
    • Total Posts
      389,844
  • Topics

  • Posts

    • Confused --- what am I covered for?
      Hi, new to the forums. I wish I had know about this before I filed my claims. Anyway, I have chronic shoulder and neck pains that are documented in my medical file. I got denied "service connected" on it and now I'm wondering if I can still get 'help' from the VA or do I need to go to a private medical insurance. I'm a twice deployed OIF vet and I was told I had 5 years after discharge for coverage. The VA representative said that 5 years applies to ANY symptom -I- think is service related. Also, I'm rated in 'Priority 1', does that mean I get coverage without co-pays for ANY condition or only conditions that are service connected? Basically, ten years down the road, can I still go to the VA for my shoulder/neck pain as a priority 1 patient or am I out of luck? Do I still have a co-pay? I plan to appeal the neck and shoulder pain. I'm actually quite shocked it was denied. The examining doctor acted like I was making it up but I was getting treatment for it for 6 years before I was 'involuntary separated' due to force reductions. So my plan was to go 20 years and I wasn't even aware I could get VA disability payments until the mandatory VA briefings I had to attend. Thanks in advance.    
    • Partially Torn Right Bicep
      I have documented evidence in my service medical record that I partially tore my right bicep or had a "Grade II bicep strain" and the VA denied the SC!!! Their reasoning is that I did not have any residual effects from the injury... WTF!!! How can that be??? How can I be denied for something that was CLEARLY evident in my medical records??? But, anyway I filed a NOD in Feb 2015 to appeal the decision (still waiting on the VA) and I sought and got an medical exam and a medical opinion for the injury. The medical exam x-ray showed "3 views right elbow show slight degenerative changes of the radiocapitellar articulation" and the medical opinion from the doctor stated that my partially right bicep tear was "more likely than not" an injury that was due to military service. However, the x-ray shows something else in addition to my bicep injury. Will the VA SC me for the partially right bicep tear or the degenerative right elbow or both? Any information will be helpful in determining what my chances are with getting SC.
    • My husband died in motorcycle accident
      Don't forget Page, that autopsy might be the most critical piece of evidence you have and the lawyer and the IMO doctor should have a copy of it ASAP. My husband's autopsy was 6 pages long , first brief renditions of heart,brain, lungs, kidneys ,liver etc etc but it was the slides and more detailed findings that were more conclusive as evidence.And the full toxicology report. It took me some time to understand it all but I initially used it to succeed in my wrong death claim against VA (USA) I had no lawyer or IMO doctor...in those days they were hard to find. It might reveal nothing to help with your claim, however, but then again... if no meds were in his system, was he going through a rough withdrawal from any VA meds... if meds were found in his system was the level appropriate? Do the heart and brain slides show significant evidence of anything that could have caused a sudden seizure? And I think I asked before, did he ever experience (documented) any suicidal ideation? The buddy and family statements could be very probative on that. The rating he got had upset him. He knew it was wrong. That factor cannot be overlooked in lay testimony you give to them .. The only time in my life I ever even thought death would be better than dealing with the VA , was due to an atrocious statement they made in a SOC. I overcame that statement with evidence (that they had but chose to keep from the C & P doctor...actually it was the autopsy that within my H VAC testimony I had sent to the RO 12 times by then because they kept ignoring it ) but I knew without a doubt that VA had caused this sudden but passing suicidal ideation in me, as a claimant and probably has done that to countless men and women , unlike me, who have full blown PTSD and cannot handle the stress of dealing with them when a decision is wrong. Serious suicidal ideation could be a very strong factor here and there can be no other etiology for it but for your husband's PTSD. That however would be something an IMO doctor would need to give a very strong medical rationale on. But those buddy statements etc can help support that type of finding.          
    • Should I file a claim now or wait?
      I need help deciding if I should file a claim now or wait until my current appeal go to the board.  I have a current appeal sitting in the RO waiting to get certified to the board.  I'm concern that If I file another claim while my other claims are waiting to go to the board that it may slow it down even more. My question is do anybody know if filing a new claim will affect my current appeal process?
    • Fully Developed Cue
      "Effective date of 4/13/2012 for PTSD with Bipolar Disorder is an UNDEBATEABLE CUE.  VA’s failure to notify has created equitable tolling and the claim of 11/20/2003 remains open and pending.   My hope is we can resolve this sooner rather than before CAVC." Beautiful! I too used constructive possession for one piece of evidence in my SMC CUE. I am still thinking in terms of the PTSD as a negligence claim....(1151)I  just don't want to forget this potential because Dr. Mark Worthen, a member here, and Psychologist , would definitely be able to prepare an IMO for that if needed, I am sure.....  There is the potential that the Bi polar meds masked PTSD symptoms or that no one simply knew what they were doing when they diagnosed the BP. The fact that VA has conceded you have PTSD as a primary condition, makes me wonder if you do have Bi polar at all because PTSD symptoms can match some manifestations of bi polar but the fact remains that these are 2 distinctly different MH issues , and the meds I would assume are different and could have even caused other problems , if they medicated you erroneously. I also assume as they began to grant the PTSD ratings, the bi polar ratings went down. And I have also assumed that all of your care has come from the VA. But I am thinking ahead like I did when I prepared my war plans.... plans of action for every claim I had since 2003... I put a photo of my RO in the middle of a blank page and then arrowed the EN , flank-wise , frontally etc etc etc, with every possible avenue of attack. Most of those avenues of attack I didn't need but it pays to think ahead. The VA of course is not an EN, because the reality of Time, for disabled veterans, is our true enemy. Your willingness to understand the regulations and to use them to get what you deserve ,due to your sacrifice, is Very commendable. 38 CFR and 38 USC are weapons as good as probative evidence to fight with and overcome lousy VA decisions.      
    • Osteoarthritis in right knee
      I recently found out that I have "Mild Tri-compartmental Osteoarthritis with a small joint effusion" in my right knee and I have "Quadriceps insertional enthesopathy is present". Having been 3 years retired from the Marine Corps I KNOW that this had to be attributed from running and running long distance (minimum 3 miles) consistently for 20 years and "humping" 20-30 miles with 60-70 packs on those days that called for it every time we went to the "field"??? I don't think that I have anything in my medical records that could relate to having any problems in my right knee. My question is that because osteoarthritis does not happen overnight... Can I file a claim and service connect this condition to military service??? Any information will help me in trying to claim this from the VA.
    • Help understanding rating code 5003
      Thank you. I am still getting used trying to post to the right topic for my VA issues. I will repost this question in a new topic.
    • How does one continue ?
      Took me 13 month to receive about 9 in of paper C-File back in 01/14. 1 document was from another Vet's file. The C-File copies were only complete up to the date I filed the FOIA Request, 13+ months prior. I recently spoke with a Retired DRO, now works for a VSO as a DRO Hearing Specialist, regarding VA Walk-in C-File viewing policy. According to him, all C-Files at the Det RO, including Nam Vet's old C-Files, are now digitized. A Vet can do a Walk-in, M - F 8 -4, 1st come , 1st served and view their File. Copies of selected pages are available. I plan on giving it a try in the near future, just to see if it works. As to the Vet that needs a copy of something right away, he needs to try it right away.  The C-File is his only source for the supporting Document? I trust he's started the "Intent to File," on E-Ben? Semper Fi
    • Assistance With Sleep Apnea Claim
      So I was denied OSA in June 2013, which for some reason it said that it was claimed as a "sleep condition"... I don't know what the heck that means???? I know the VA's reasoning is that although I was diagnosed with moderate OSA in Oct 2013 I didn't have any documented evidence in my medical record. I thought that if I was diagnosed within one (1) year of retiring/separating from military service you it would be counted as being connected to military service??? Is this true or is this false information? Anyhoo, I was able to get a letter from my doctor that oversaw me during the sleep study process and the subsequent follow-ups with him for OSA. In the letter, he tied the OSA with me having a history of being overweight by military standards and because me not knowing the common symptoms of OSA while I was in the military this was the reason why I did not see a doctor or have a sleep study done before I retired. Additionally, my wife wrote a letter also stating what she observed with my OSA symptoms and telling me to finally get it checked out after I retired and also stating that since I received the CPAP my OSA has been better with the use of the CPAP. Will the VA reverse course and grant me SC for OSA? Any information provided will be helpful in keeping my fingers crossed for hope or just giving up all together on OSA.

  • HadIt.com Veteran to Veteran providing FREE information and community to veterans since 1997.

    I am proud that I've been able to offer all that HadIt.com has for free for 19 years and continue to do so. HadIt.com does accept contributions to help with costs we also offer paid ad free subscriptions. None of the paid options are required. The forum, the website, news site and podcast are free and will remain so. If you choose to support the site with a contribution or a subscription it is appreciated but never required. If you choose to make a contribution or purchase an ad free subscription, you can do so here. 

  • 0
Sign in to follow this  
Followers 0
Tbird

094. Try Calculating Total Disability Ratings Using The Following 2 Examples:

Question

94. Try calculating total disability ratings using the following 2 examples:

Veteran #1 has:

Bronchial Asthma: 30 %

Hep C: 20%

Seborrheic Dermatitis: 10 %

Hypertension: 10%

Mild Ulnar Nerve Entrapment: 10%

Lower Back Pain: 10%

Retention Cyst Maxillary Sinus: 0%

ANSWER: 60%

Veteran #2 has:

70% PTSD

30% Muscle injury

20% Shoulder muscle injury

20% Chest muscle impairment

0% Facial scars

0% Scars

0% Bilateral hearing loss

ANSWER: 90%

Here is a third example: A veteran has 50% SC disability. He expects to get another 30% secondary SC. Does that equal 70% in VA math? Answer: It depends. 38 CFR 4.25 requires that you need to know the highest level award, since that is the starting point in VA math. If the 30% is the highest award, then it counts for the full thirty percent. However, if the 50% is the highest award, then you get 50+15=65 rounded up to 70%. HOWEVER:

If 40% was the highest award then it would be 40+18+4=62 (rounded to 60%).

If 30% was the highest award, and he had another 30% already then it would be 30+21+15=66% (rounded to 70%).

As you can see, it really matters WHAT the value of the other awards are. VA Math is a matter of ‘combining’ percentages under 38 CFR para 4.25-26. You can find the regulation here: http://ecfr.gpoaccess.gov/cgi/t/text/text-...0.1.1.5&idno=38

Share this post


Link to post
Share on other sites

0 answers to this question

There have been no answers to this question yet

Guest
This topic is now closed to further replies.
Sign in to follow this  
Followers 0