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
      60,373
    • Total Posts
      390,017
  • Topics

  • Posts

    • My C&P Results and why i'm disturbed
      In 2012 I EAS from the USMC and began a career in Law Enforcement. Like many of us I started the process of VA disability claims where I had issues which nagged me. Shoulder, knee, and back. I had 2 shoulder surgeries while active on my left shoulder and have been babying my right shoulder due to inflammation issues and restricted ROM.    I met with the VA in Dec 2013 for my initial C&P examination where I explained the symptoms of my issues and conducted a ROM examination. I was provided with a 10% rating for Patello Femoral Syndrome in my Left and Right knee. 10% for my right shoulder and 10% for c-spine bulging disc. This is the minimum rating for pain.    I just recently started a new claim for an increase and was examined a couple of days ago. My initial exam was as follows Knee  Date 2013 a. Right knee flexion Select where flexion ends (normal endpoint is 140 degrees):  [X] 100 Select where objective evidence of painful motion begins: [ ] No objective evidence of painful motion  [X] 80 b. Right knee extension Select where extension ends: [X] 0 or any degree of hyperextension (check this box if there is no limitation of extension) Select where objective evidence of painful motion begins: [X] No objective evidence of painful motion No limitation of extension c. Left knee flexion Select where flexion ends  [X] 90 Select where objective evidence of painful motion begins: [ ] No objective evidence of painful motion [X] 90 No limitation of extension Shoulder a. Right shoulder flexion Select where flexion ends (normal endpoint is 180 degrees):[X] 60  b. Right shoulder abduction Select where abduction ends (normal endpoint is 180 degrees): [ ] 0 [X] 5 Based on the above, I should be at a higher rating for both shoulder and knee. But, I was provided the minimum of 10% for pain. My most recent exam is as follows.    Knee Date 2016 Left Knee --------- [ ] All normal [X] Abnormal or outside of normal range [ ] Unable to test (please explain) [ ] Not indicated (please explain) Flexion (0 to 140): 40 to 55 degrees Extension (140 to 0): 55 to 40 degrees   Shoulder  a. Initial range of motion Right Shoulder -------------- [ ] All Normal [X] Abnormal or outside of normal range [ ] Unable to test (please explain) [ ] Not indicated (please explain) Flexion (0 to 180): 0 to 70 degrees Abduction (0 to 180): 0 to 40 degrees External rotation   I don't know why I was provided the bare minimum. But it is extremely disturbing. I hope they make things right by increasing my percentage this time around. I may have to stop working because I am constantly out due to issues with my knees and shoulder.   
    • C&P Examiner Pushed Me...FORCED
      I can relate. I just recently went in for an increase for my S/C knee & shoulder issues. The examiner forces me to continue movement in my shoulder and knees after I told her I was in pain. She told me she would document the degree of movement where I felt pain and notate that the remaining movement was while in extreme pain. FALSE!. I reviewed my C&P exam and noticed she didn't document it and instead documented my ROM throughout the pain where I specifically told her I was in extreme pain. Now my shoulder is extremely inflamed and I cannot move at all. On top of that, they gave me the minimum rating for pain 4 years ago on my initial rating where my results showed the bare minimum for range of motion. I should've been compensated fairly, but I was instead provided the minimum.   best of luck to you
    • C&P Exams Results
      Thanks for the feedback.  
    • Sleep Apnea Claim
      GOOD LUCK...........
    • I think I made VA mad
      Good luck.....................
    • C&P Exams Results
      This descriptor is at the 30% level, from the General Rating Formula for Mental Disorders (38 C.F.R. § 4.130): [X] Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, although generally functioning satisfactorily, with normal routine behavior, self-care and conversation However, these items, from Section II, Number 3 of the Mental Disorders DBQ, are at generally higher levels: 30%
      [X] Depressed mood 
      [X] Anxiety 
      [X] Suspiciousness 
      [X] Chronic sleep impairment  50%
      [X] Disturbances of motivation and mood 
      [X] Difficulty in establishing and maintaining effective work and social relationships 70%
      [X] Difficulty in adapting to stressful circumstances, including work or a worklike setting 
      [X] Inability to establish and maintain effective relationships 
      [X] Neglect of personal appearance and hygiene 
      [X] Intermittent inability to perform activities of daily living, including maintenance of minimal personal hygiene You can find the signs, descriptions of functional impairment, and symptoms associated with each disability rating level in the General Rating Formula for Mental Disorders. I attached a Word doc, whcih contains the Rating Formula. Of course, the RVSR (VBA 'rater') determines your disability rating, but as I understand it, if they assign a rating lower than 70%, in your case, then they need to provide a rationale. It partly depends on your medical records, particularly mental health treatment records, but if they are not dramatically different, in terms of the symptoms and associated problems noted, then I would anticipate an increased disability rating for depression.  I noticed that she (the C&P psychologist) did not say anything about IU (Individual Unemployability). If the VBA requested information about employability on VA FORM 2507 (the referral form VBA uses to request a C&P from a VA medical center or contractor), then VBA will probably send your exam report back as insufficient and instruct the examiner to answer their question(s) about employability.  Her diagnosis for ICD-10 code F32.9 is wrong. She listed Depressive Disorder NOS (Not Otherwise Specified), which is a DSM-IV diagnosis. VA instructed C&P psychologists to use DSM-5 beginning on 1 December 2013. The ICD-10 code F32.9 is for Major Depressive Disorder, Single Episode, Unspecified.  Although the C&P psychologist's report is not a good one, it looks like the end result will be positive for you.  Thank you for your service and sacrifice for our country @dolfanbls.  All the Best, Mark General Rating Formula for Mental Disorders.docx
    • DRO hearing
      I mean, if they had the IMO and ignored it , that is a CUE ( 38 CFR 4.6) but the Duty to Assist and BOD regs are not CUEable.   "Yes my POA finally asked his supervisor and they both agreed with me in stating that this is in fact a CUE. What he is going to do is ask the Rater to CUE himself " great because they see what I seemed to see here too. I would let the POA write the CUE up. "and I told him to at least try to make a deal with him about the P&T."  I do not foresee VA making any type of deal even if it seemed to make sense. Current C & Ps justify new decisions and they also provide enough info ( sometimes) for the correct rating %. Your condition might have gotten worse since Dr Bash did that IMO.
    • I DON'T UNDERSTAND THIS NEED HELP !!!
      I am going to start the process of getting my C-file. I need to see whats in there and they did not use the notes that my VA doctor wrote in my medical notes.  Thank you for your input on this issue. Its just strange how they wrote in the letter that they said I had a substance abuse problem Before I joined, Hows that possible I just graduated High School. I was only 18 and I was very responsible. The Assault happened around January or February and that's right around the time my performance went down hill. Service records show you were recognized for outstanding performance in December 1994. In January 1995 you were promoted.  Your enrollment in counseling is noted as command directed   in August 1995. Discharge action was initiated in January 1996. March 1996 service separation examination shows no complaints of or diagnosis of the record from November 1993 to May 1996.   Thank you again for your guidance and input.
    • Memorial Day Vets Freebies, discounts
      WOW long list ..... also many VAMCs like mine are having a nice Memorial Day service and I believe they will have the VA bus ready to take people up to the cemetery. It is quite a climb if you walk, and very difficult to park on Big Holidays like tomorrow is. When I got home from church today  it was almost 95 degrees out and I was about to take a dip, and suddenly like yesterday , it started to rain and then we had a violent thunderstorm. We are still under a Thunder /lightening watch. The last memorial Day service I went to at the Bath NY VA...it was hot but beautiful , blue sky and a few clouds like this AM was and this is a gorgeous historic VA with a lovely cemetery ,but just as a prominent guest speaker got to the outdoor podium, to speak, an enormous thundercloud moved over the sky fast and it began to pour in bucket loads and it was hard for us to get the vets in chairs back into the VA for cover. I think they had made the fly over ( they drop a big  wreath in the cemetery) but it turned out to be a great day anyhow ,they made a fabulous meal for all the VA patients and I stayed there for a few hours in the recreation hall ,talking to vets. We just got a flash flood warning too and the Bath VA is surrounded on two sides by the Cohocton River. But it hasnt flooded there bad yet. There are no words to really ever describe  how grateful I am for the service of so many deceased veterans, back to the Civil War at my local VA, and for the sacrifices all of you have made. It was nice to hear God Bless America and some other patriotic songs in church this AM. We have many vet members and about 6 members in Active duty. A retired Lt Col. (Desert Storm)member led us into prayer after the singing. I hope you all have a Great  and Safe Holiday!!!        
    • I DON'T UNDERSTAND THIS NEED HELP !!!
      I apologize, I had no idea there was more to this and it regards inservice MST. There has been some excellent advise here on MST claims, some of it from vets with MST themselves. Did you specifically raise MST in the initial claim? Broncovet is right! You need to get a C file copy and copies of all of your treatment records. Also if you need your SMRs from NARA, ask for ALL of your Personnel files as well. The drinking and change in your inservice behavior proves that something happened to you, and if MST ,that is a Major stressor. Search here for the MST discussions. "This Document makes me out to look like a lair." The VA Makes us ALL feel like that. "Also they did not use the notes in my VA medical file which states I have PTSD Related to MST. How come there is no mention of that ? " Did they ever list this or mention as evidence at all? Maybe that is why they seemed to say there was evidence both for and against the claim.    

  • 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
gnwjr

Sample Va Disability Appeals Letter

Question

I just got my disability rating and have an issue with two of the ratings: 1), C6-C7 herniated disk, service-related, but no compensation and 2), Left hip pain, "service connection denied because the mediacal evidence of record fails to show that this disability has been clinically diagnosed." My issues are as follows:

1. The doctor failed to ask some questions regarding other issues with my neck such as "cricks," other symptoms, etc. I have a recurring issue with cricks which has increased substantially in the recent years.

2. My military records do indicate both a reported pain in my hip as well as a diagnosis by the flight surgeon.

I am planning to appeal these findings, but rather than reinvent the wheel. I am looking for sample letters. If you have any that you think might be of some use, please let me know via this site. Also, any suggestions you might have regarding the appeals process would be most aPPRECIATED.

I also think that the Tools section might be a good place to put these "sample letters" so other Vets can use them.

Thanks a lot...

Share this post


Link to post
Share on other sites

9 answers to this question

"2. My military records do indicate both a reported pain in my hip as well as a diagnosis by the flight surgeon"

Did they say in the denail that they had your SMRs available?

I would sure use a copy of this as part of your appeal-

more and more these days I see possible reason for a vet to file a Reconsideration Request-before they formally appeal with a Notice of Disagreement.As long as you have or are willing to obtain string medical evidence that shows they are wrong-

HOWEVER- this type of request does NOT stop the year clock for the formal NOD to be received within by the VA.

Question- did you get a letter saying Important Reply Requested that specifically told you what they needed?

And did you get a VCAA election notice that said check Box one or Box two?

Either way you just Put Reconsideration Request or

Notice of Disagreement on top of the letter with your c file number etc-

refer to the initials and numbers on the VA letter upper right hand corner (make copies of everything you send them and send this priority or certified with tracking slip)

Then tell them exactly what you told us and refer them directly to the SMRS that support this- (and tell them you are attaching a copy of the specific SMRs with this info in it-as to the hip pain.

On the SC "0" (better then NSC "0")

go to the schedule of ratings (they should have put all these regs in with the decision you got) and tell them how the medical evidence supports a higher rating then "0".

I would think but am not a doc- that the hip pain is directly related to the C6-C7 disability as a secondary condition.

Share this post


Link to post
Share on other sites




I wonder if this BVA decision would help-

http://www.va.gov/vetapp07/files3/0728410.txt

of course this is for another vet and each disability is unique but I wonder if they fully determined if any stenosis involvement etc-could raise that rating from Zero.

Share this post


Link to post
Share on other sites

You used a few acronyms that I am not familiar with such as SMR, NOD, NSC, SC...

I will assume they are as I use them:

In my rating sdecision - blue pages included with the decision letter - service connection (SC) was granted for the C6-C7 issue, but not for the hip issue. The SC for the hip issue was due to the "medical evidence fails to show that this disability has been clinically diagnosed." As I said in the previous post, my Service Medical Record (SMR) shows a diagnosis from my flight doc.

I assume the NOD is a Notice of Disagreement and that is the letter I am planning to write. Again, if anyone has a sample of such a letter (delete or <snip> the personal information) I would be very interested.

Share this post


Link to post
Share on other sites

My appeal just went to The Appeals Management Center after the law judge gave my appeal a favorable review. Is this good???

Share this post


Link to post
Share on other sites

After receiving a favorable review of my appeal from the law judge and remand my appeal has been refered to the Appeals Management Center, rather than the regional office. Is that good???

Share this post


Link to post
Share on other sites
I just got my disability rating and have an issue with two of the ratings: 1), C6-C7 herniated disk, service-related, but no compensation and 2), Left hip pain, "service connection denied because the mediacal evidence of record fails to show that this disability has been clinically diagnosed." My issues are as follows:

1. The doctor failed to ask some questions regarding other issues with my neck such as "cricks," other symptoms, etc. I have a recurring issue with cricks which has increased substantially in the recent years.

2. My military records do indicate both a reported pain in my hip as well as a diagnosis by the flight surgeon.

I am planning to appeal these findings, but rather than reinvent the wheel. I am looking for sample letters. If you have any that you think might be of some use, please let me know via this site. Also, any suggestions you might have regarding the appeals process would be most aPPRECIATED.

I also think that the Tools section might be a good place to put these "sample letters" so other Vets can use them.

Thanks a lot...

What was the diagnosis provided in the SMR's? Were there any xrays, MRI's etc..... If not then this is what they are hanging their hat on. For to have a clinical diagnosis a study of the signs and symptoms must have been done. Example (example only) I tell doc my hip has been hurting for the past six months. The next entry in my records the doc says diagnosis broken hip. There is no way he could have determined such a diagnosis without supporting evidence so there would be no true clinical diagnosis. I hope this is understandable. So if you have evidence of such via xray etc.... then you should succeed without much problem. If not then you are going to have to push the envelope in order to have at least xrays conducted then have the doc say that what ever he determines to be the current diagnosis is at least as likely as not the same issue that was present during your active duty.

Share this post


Link to post
Share on other sites

I have a SCD for Degenerative Disc Disease; which was caused when I fracture two vertibae in the military. I gave them every X-ray, MRI, and records I ever had.

The smartest thing I ever did was copy all my military records when I got out of active duty Air Force.

Share this post


Link to post
Share on other sites

deanbrt,

Welcome. Please start a new thread with your question.

carlie

Share this post


Link to post
Share on other sites

gnwjr,

Welcome. Hadit's Home page http://www.hadit.com/, has some sample letters and definitions

that maybe helpful to you.

carlie

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now