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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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    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      Ardodd: Re Your last paragraph... Your situation is similar to mine and what I am in a current battle with  the VA about; as far as documents go.  I have my copies, but the VA does not!!  (BUT in your case, the VA actually have them...they are just ignoring them)  After reading your post, In my humble opinion, you will prevail.   I have a copy of my claim submitted to VA in 1996 for an AO condition. VA states they do not have a copy of my claim and that they have no records of denying it. While just recently reviewing my C-File;   A VA employee made a actual notation on a "worksheet" admitting to shredding "duplicate" documents in my C-File.    They are just giving you "canned" responses and the person/persons handling you claim has no clue as to what they are actually viewing.  I filed a NOD recently with what I believe to be "concrete evidence" to support my 1996 claim.   Guess what I am doing now.....  I am in the process of preparing documents for another denial as I'm sure my NOD is on the VA Conveyer Belt in Janesville WI and "Inspector 222222" will reject it. So it will be on to a DRO review. Semper Fi
    • Pending Case Dispatch
      I would think its all good, should be any time now, if you want  you can email  BVAOmbudsman@mail.VA.Gov   And ask.
    • Did I get lowballed?
      I had my C&P Exam done in 2013. Out of my exam's, I reviewed some of the measurements the VA took on my shoulder and knees. Considering I was rated at 10% for my right shoulder and 10% each knee I feel as if i've been low balled. I reviewed the VA rating's for my conditions and based on my measurements they are far off from where my percentage should be. Does this happen commonly? I can post my results here to show. I just requested an increase and will have to do this again. But I don't see a point if I will just get low balled again. 
    • NOD - Not Always a Good Idea- Maybe a bit Risky?
      Vets: Thanks again for the wonderful advice and I've come up with a strategy. I found out that my 90% is rounded up from 85.167 based upon what I saw on my input into the calculator. Also, I have a bilateral condition that may not be added in properly when I add it into the VA Disability Calculator? So, it may be a part of a percentage point higher than this but not by much. That all said, I realized I'm further away then I thought about getting to 100%. Based upon all your advice, I've decided to proceed with the NOD. Also, I'm going to only challenge only 3 or 4 contentions instead of the 9 that I was going to do earlier. So, rather then just trying to get to the full 100% now, I'm trying to chip away and get as close as I can to the 100%.  The road to get to 100% may be longer but is a more steady approach. Frankly, If I had received my C-File and got the IMO/IME's from Dr. Ellis, it would have been different because my ammunition would have been so much stronger. The good news is that my SMRs and first disability claim strategy got me to 90%, so it does work. Unfortunately, there are lots of rules that do protect Vets like the Vet Protection Act of 2010, but their is still a "canyon" of subjectivity within the system that can work against Vets and it does. Godspeed Rootbeer22
    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      The DD-214 in the remarks says ( VA Code 5099-5003 ) In line 20. I requested a full copy be mailed to me and to the VA RO in New Orleans, LA. 
    • Pending Case Dispatch
      Does anyone else know where this would be heading? Or is it just for the VLJ to sign.
    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      ardodd, What does your actual medical discharge say on it, what medical DX, that is?  And there should be corroborating evidence in your SMR, since they can't well drum you out for medical without actual medical issues. I didn't notice in your posts that you said how you injured your knees to begin with.  And while you're at it, go through your SMR and put together a list of contentions to claim and get on the ball for those.  As you are well aware the VA gives NOTHING away. Even a token rating award must be hard fought with them.  I myself, am in the middle of some deep psyops with them. Semper Fi
    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      Yes @Bertathat is what they give me Service Connection for. I had went on Wednesday April 1,2015 for the first C/P Exam and on Friday April 4th,2015 the RO in New Orleans called me and told me my Claim for Service Connected Disability for "Patella Femoral Syndrome" was Denied. I disagreed with him for about 30 minutes over the way they did me for so long. And that I was discharged with that disability. The reviewer told me he would call me back on Monday. And on Monday he called back and said he spoke to the examiner and had a doctor look over the C/P and got a opinion from him. Then told me that they had given 10% for both knee's. I thought well its about time they corrected all this.  Wrong. They called "Traumatic Arthritis" and only give me from May 1,2015 forward for pay. And that is why the second C/P Examiner said in her opinion that there was a clear and mistakable error in granting me Service Connection for it and should not be connected at all. I will send you a PM with a scanned copy of both C/P Exams @Berta  
    • 25 Year Long Service Connected Disability Denied After C/p Exam.
      "But in all the new examiner went out of her way to make legal statements about my claim in 1991 and then in closing she included that the RO had made a clear and mistakable error in service connecting my for Traumatic Arthritis in the first place." What was the EED for the Traumatic Arthritis? Is that what the 20% is for?
    • Foreign Medical Program
      Anyone have an experience with this program while traveling abroad?   They supposedly reimburse you if you see and pay for a doctor concerning your service connected issues.   Paul

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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

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