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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    • Need some advice
      Hello to my fellow Brothers and Sisters this is my first post, I've been a long time lurker. I am a recently discharged OEF Vet. I joined the National Guard prior to my ETS. I really only joined for the healthcare to help out my family members. I knew my mind and body was breaking down too much to carry on doing active duty Infantry and I wasn't allowed to re-class. The Guard offered me one so I decided to re-class in the Guard to a HR MOS. I didn't receive a bonus and haven't gone to my AIT for the re-class yet. I've only participated in one Drill weekend. I recently received my award letter for 100% SC P&T. I don't know what to do now about staying in the Guard? Will I be penalized by the VA? Will it change my rating? Will the Guard just MEB me? Any advice is appreciated.
    • Proof C&P Exams are often frauds
      We'll, I have been lucky so far, but we will see.  I have a C&P coming up for my secondary for heart disease from HBP.  I am scheduled for a echocardiogram. Just went throught all the tests with my cardialogist., to enclude an echocardiogram, and those records went in with my claim. I will compare the two. Maybe my C&P doc (or RN) will be a podiatrist.  You never know.. Hamslice      
    • Should I file a claim now or wait?
      Thanks everybody, I think I will go ahead and push that go button!  The main reason is I want to establish the effective date soon as possible. 
    • Proof C&P Exams are often frauds
      Well, yes, remember who pays for your C and P exam.  Still, regulations provide that if you have a balance where 2 docs differ on opinion, the VA CAN choose one over the other, but has to give a reasons and bases as to why.   For example, one doctor can do a more thorough exam.  Or, one doctor can be preferred if he states he read your records, while another doc does not say this.   If you have been denied, the VA is required to give you the benefit of the doubt if the claim is "in equipose", that is, there is a balance between positive and negative evidence.   When you appeal, you can certainly argue that your private doc did a more thorough exam.   HOwever, your private doc may/may not made an applicable nexus statement.  YOu need to check your records to see if the nexus is there.  
    • Reopened Claim & sent my Medical Records as evidence.
      No real update other than they've been treating my back/migraines with medication. They're setting up an eye exam to see if that has anything to do with the migraines. The doctor they sent me to examined me and was amazed at how bad my physical condition was and the VA not taking any responsibility by not service connecting any of my conditions. (They told me that on an MRI I had in 2000 that I had herniated/bulged discs) I'm still waiting on some kind of update, but it's still in 'gathering evidence' stage. They have my service records now as well as chiropractic records and the records from this recent trip to the doctor. Wondering if I'll get another C&P exam scheduled as I can't find anything in my eBenefits records history about the first one I had and the medical building I had it done at has been out of business for several years. They did send an email saying they should have a decision on my claim by April 2017??? Wow...That's weird they would even set that deadline so far out...so I really don't know what to do but wait...
    • DRO hearing
      Berta please read and tell me what you think. John D is on this for me as I type this.   "With respect to the issues pending before the VA which are, service connected bowel, bladder and PT (Permanent and Total) status, please consider;   1st with respect to the issue of PT. I have provided for the VA, very probative evidence not only from Dr. Craig Bash, but also the SSA that clearly shows that I should be PT. VA has yet to consider this evidence and I wish to go on record, that if the VA would rate me PT, I would drop ALL pending issues for service connected disability. This seems the easiest way for everyone and will save myself and the VA time and effort.   2nd, if the VA denies PT or refuses to allow issue 1 noted above to take place, then consider the following; I understand through my POA, that the DRO is mandating a C&P exam for the bowel/bladder. Apparently to reconcile Dr. Bash's IMO and other medical evidence in my favor, against a refuting record from 2012-2013. This constitutes a CUE in my opinion as the VA is obligated to not only apply the doctrine of reasonable doubt under CFR 3.102, but also apply VA's CFR mandate of relative equipoise in my favor. The evidence of record is clearly in my favor and Dr. Bash's opinion is at least as probative if not more than any other refuting opinion. I feel as if the VA is "doctor shopping" to secure a opinion against me, when the evidence is already clearly in my favor.    In short, I will not be attending any additional CP exam for bowel/bladder and I encourage the VA to rate me PT of which I will drop all remaining claims. By doing this, we can save everyone the time and effort to further develop and adjudicate pending issues. This would also allow the VA to more timely assist other veterans by clearing my issues off of the board."
    • Proof C&P Exams are often frauds
      Wow, I go to my C&P Thursday.. Sorry to hear that man.
    • Increase Upgrade rather then DRO or Re open
      A claim for increased disability in a compensation claim that was previously denied because all service-connected (SC) disabilities were considered noncompensable is a “claim for increase.”   I received on Dec 30 2015 eed of 8/2015  I received a non  compensable rating of migraines the CNP and the DBQ  stated I was prostrate weekly so in 3/20/2016 I filed for an upgrade within the year I also submitted new evidence a DBQ by a VA doctor in my favor as well as pointed at the past evidence in the DBQ done during the CNP of the orig claim,    now I was told I Cant file for an upgrade unless a year has passed is that true even though I have new evidence? Also will the VA see that if I cant and change it to an UPgrade ?
    • Proof C&P Exams are often frauds
      I lived I a VA hospital 6 months with failed pancreas surgeries.. yet they take the word of a screwy C&P examiner over the 6 months of VA records as an inpatient. The doctors and nurses write every move you make, every word you utter. 6 months of those records fill up those huge paper boxes used for zerox paper. You would think the VA would read those records. Instead they send you to some doctor who is only there to make you look bad at a C&P exam. Instead of a neutral doctor the ones they use for the C&P act like you are a fraud. They see you for a few minutes ask questions like a bad interrogation, trying to trip you up with statements. Those answers that are undeniable proof are in the records from your service and the 20 years of medical records plus the 6 months as an inpatient.   IMHO  
    • PTSD Claim and Reconsideration transfered claim was lost and found very confused
      I am a Veteran who has been diagnosed with PTSD by my VA Doctors in Montrose NY they implored me to go to the Montrose PTSD unit and I was told that the Montrose VA only takes Veterans who have in service stressors. I filed my claim for PTSD in Aug of 2015 the denied me in Jan 0f 2016 and never sent me a SOC or denial letter and denied me with out a CNP and  with out reviewing my PTSD diagnosis of Aug 2015 and my stay at PTSD unit in Oct until Nov 2015 since then I asked for a reconsideration  of the PTSD decision after I surmised I was denied and I also submitted new evidence like my diagnosis and the the stay at Montrose PTSD unit and Buddy Letter from a shipmate I did this on 3/20/2016 they closed it with no letters sent no CNP etc no letters in system I was told to put it back in and I did on 4/42016 and it was closed again on 4/26/2016 I then was told to put contention back in I did on 4/30/2016 and this was closed on 5/6/2016 no letter no SOC no CNP no nothing. my case was in NJ regional office I contacted them and the Homeless veterans coordinator then got my caseopened EED of 3/20/2016, then he had my case transferred to NY because I am homeless in NY and then it was closed again, I was   recently at a  standown where a Homeless veterans person with the regional office in NY  who contacted me verified I was a homeless took a state ment , she contacted me and told me that my case was going to a special unit I also have congressional liason who has been supportive and in contact I should be red flagged for homeless and it was a FDC claim as well they have a congressional inquiry where they found an old appeal from 2014 that was never dealt with any ways I need to understand what is going on or if anyone has deal with a similar situation, { How long my appeal since 2014 DRO should that take and also how long should a reconsideration for a homeless vet take this is not a new claim any input please.

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jc1950

100% Compensation For Knee Replacement

8 posts in this topic

I am currently rated 70% for Service Connected right and left knee injuries. Does anyone know if I can have a knee replaced and draw 100% compensation using a private orthopedic surgeon at a non VA hospital? This is my first post, and I appreciate any and all information and help.

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Welcome to Hadit.

I think that you can but to be sure wait for someone who knows for sure.

Good Luck

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HI Jc,

Just googled "compensation at Non-Va hospital" and theres a bit of detail to read. regards a 21 day stay and other recuperation info. While others, like Pete, Ricky or Rental may have 'quicker' answers at least I'll give you something to read until then!

Section J. Compensation Under 38 CFR 4.28, 38 CFR 4.29, and 38 CFR 4.30

§4.29 Ratings for service-connected disabilities requiring hospital treatment or observation.

M21-1MR, Part IV, Subpart ii, Chapter 2, Section J

Best to ya and Welcome to Hadit!

cg

I am currently rated 70% for Service Connected right and left knee injuries. Does anyone know if I can have a knee replaced and draw 100% compensation using a private orthopedic surgeon at a non VA hospital? This is my first post, and I appreciate any and all information and help.

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I have not had a TKR but the VA did compensate me at the 100% rate for two months after I had arthroscopic surgery done on my knee by the local (Non VA) doctor. It was a matter of letting them know

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I am currently rated 70% for Service Connected right and left knee injuries. Does anyone know if I can have a knee replaced and draw 100% compensation using a private orthopedic surgeon at a non VA hospital? This is my first post, and I appreciate any and all information and help.

JC,

It doesn't matter who does the surgery the VA will automatically give you a temporary rating of 100% for 1 year. All you need to do is get the discharge papers and any other records showing that it was done. If you have a rep, take it to him/her and they will submit the claim. If no rep, submit it yourself. The EED of benefits will be the day of surgery. The new knee is great but the Physical Therapy was a nightmare. :angry: Good luck and hope this helps.

Jmack

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HI Jc,

Just googled "compensation at Non-Va hospital" and theres a bit of detail to read. regards a 21 day stay and other recuperation info. While others, like Pete, Ricky or Rental may have 'quicker' answers at least I'll give you something to read until then!

Section J. Compensation Under 38 CFR 4.28, 38 CFR 4.29, and 38 CFR 4.30

§4.29 Ratings for service-connected disabilities requiring hospital treatment or observation.

M21-1MR, Part IV, Subpart ii, Chapter 2, Section J

Best to ya and Welcome to Hadit!

cg

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Thanks for all the help!! You folks have answered my questions. I was being told different things by everyone I asked prior to posting here. You were right cowgirl, the reading was involved, but very informative. Being new to the VA system poses a real problem trying to read and understand the regs and rules. Hopefully, with time I'll get better at it. Thanks again.

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I had a Recision TKR (They had to fix their screw up). Does anybody know how long the Temporary 100% compensation for the surgery and rehab is warrented? It was 13 months for the original TKR.

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