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How to Get your VA C-File


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    • Should I file a claim now or wait?
      Thanks Gastone, I have not started the claim on E-ben yet.  I'm still getting all my evidence in order.  I never filed on E-ben before I assume you can do a FDC on there just like filing at VSO.  
    • PTSD Denied NSC - Schizophrenia NSC
      Hi Mark, Thank you so much for responding.   He does not have a current treating psychiatrist.   Following a 1978 suicide attempt and subsequent hospitalization at a psych ward for 30 days - the psych ward doctor issued a diagnosis of schizophrenia - paranoid type.  After some bizarre behavior by my brother in years that followed, he was an outpatient treatment at county mental health center on and off and attending physician wrote diagnosis in 1983 of " schizophreniform episode with depressive symptoms" .  This medical evidence was submitted with his original claim in 1982 and his request to re-open claim in 2015.  He was not treated for any mental illness while in service / Vietnam.   At his recent C&P exam (last month) the attending VA examiner diagnosed him as still being schizophrenic and they issued a 50% rating -- but the rating indicates NSC. I will request a copy of his C&P exam from last month immediately -- thank you for pointing me to the form.  I have contacted several psychiatrists in the area to examine him and complete a "DBQ" to show nexus to his Vietnam trauma and they won't even return my calls.   My personal opinion as his sibling (I'm a former banker - certainly not a doctor) is that immediately upon return from Vietnam he had PTSD (burning his uniform, anti-social, startled behavior, etc) and this evolved into schizophrenia, culminating with a suicide attempt. Symptoms are still there -- just under the surface - because I take care of everything for him down to covering his rent shortage, co-signing for his apartment, buying his clothes and (meager) furnishings, etc.      
    • Question about NOD wait time after applying.
      Pack a lunch. DRO Reviews anywhere 12 - 18 months, DRO Hearings 2+ yrs, mine took 4.25 yrs in 2014. Check your RO's, most recent, Monday Morning Report. Unless it's changed, the MMR will show the "Total Appeals" pending for your RO. It doesn't list the DRO's separately from the BVA's. Gives you some idea of what your into. Call any of the VSO's that have an office at your RO, try to get the MFIC or a Sr Service Rep on the line. Find out how many DRO's are on your RO's Staff. He should be able to find out exactly how many pending DRO Hearings have been handled in 2016. From there you can do the math. Keep in mind, you MUST submit the "New & Material Evidence," Mandated by the VA Reg for a DRO Review or Hearing.  Early receipt of your N&M Evidence, could trigger the VA Automatic Review of your Denial by a Sr Rater or actual DRO. You "could?" get an award or a Continued Denial, much sooner than the actual DRO Hearing.  FAILURE to submit the N & M Evidence, will guarantee you an Administrative Denial. At the 4 yr mark, I filed an Official Request for an "Informal DRO Evidence Conference." Never got the conference, but within 3 months I received the VA notification that my DRO Hearing was on deck for 6/28/14. I chose to go "Informal," no recording transcription. Hearing lasted 35 min, DRO told me he was awarding everything. I was out of the RO by 930am. VSO Rep had a copy of the DRO Award by 3:30 same day. Retro hit mid July, VA Award Letter, like Aug 1. It's not unusual for the DRO's Decision, to take up to a yr after a Regular (not informal) DRO Hearing. Semper Fi
    • Question about NOD wait time after applying.
      The best way to figure out where you stand with your NOD is to follow the VA Monday reports. Look up your Waco RO and click on the TA tab all the on the right side. It will tell you how many appeals your RO has waiting. Follow the reports for a month and you will get a general number of how many NODs the RO is completing. Even this is not a guarantee or totally accurate. Example: My brother in law in Connecticut had his DRO review done in 28 days. A friend of mine out of the Tampa St Pete RO has been waiting 2 1/2 years. The VA says the average is 377 days. I figure 12 to 18 months is the average. I am out of the NY RO. I figure two years for DRO review and then tag on another three years if it goes to the BVA judge. Good luck with your appeal!
    • PTSD Denied NSC - Schizophrenia NSC
      What diagnosis does his current treating psychiatrist list? How about mental health treatment in the past--did they diagnose schizophrenia? PTSD?  When did he first manifest symptoms of schizophrenia? When did he first receive treatment for schizophrenia? Sorry to ask so many questions, but that information will help me and others to give you more specific advice.  I agree with @Berta - you have a right to receive a copy of the C&P exam reports from VBA after the Rating Decision. Use VA FORM 3288 and either mail or fax it to the VBA Centralized Intake Center. If you mail it, do so in a way that gives you proof that it was received, e.g., U.S. Postal Service Signature Confirmation. If you fax the form, you will receive a fax receipt from the VBA centralized intake center. I attached a copy of VA FORM 3288 with some tips for how to fill it out. You can complete the form by printing it and then filling it out with a pen, or you can type your answers into the form, and then print it. Be sure to sign and date the form in ink. VA FORM 3288 is online at: http://www.va.gov/vaforms/va/pdf/VA3288.pdf All the Best, Mark VA3288-Request-for-Records-use-for-C-file_Requests.pdf
    • Tbird in Chatroom Now - Mon May 30 NOW - Join the Chat 
      Tbird in Chatroom Now - Mon May 30 NOW - Join the Chat 
    • Question about NOD wait time after applying.
      When you file a NOD how long does it generally take on the average to hear back from a DRO?. I filed a NOD form last week with Waco, TX. Regional Office and also asked for a DRO Hearing right up front to get that part out of the way without further delays asking me what kind of DRO I wanted...  Never done a NOD before so any input on average time frame of initial response is helpful.  Just curious. Wayne.
    • PTSD Denied NSC - Schizophrenia NSC
      "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." Sorry I missed that at first...they properly developed the 5103 waiver as far as I can tell. The vet rep will want to see a copy of that and how you responded to it.  The 40 % GSW rating is for what would obviously be a stressor. There must be something in the original denial that they would not re-open the PTSD claim for. The Vet rep might well use this 40% rating as New and Material to the PTSD claim.... Your statements would be good as to symptomatology, but long standing serious symptoms have to  lead to documented medical care. I concerns me that they did not defer the AO issue, but simply seemed to ignored it.      
    • PTSD Denied NSC - Schizophrenia NSC
      Were any AO disabilities claimed on the 21-526 form? "I need to get an expert involved for our NOD and a new claim for Agent Orange since they completely overlooked that -- A rep at American Legion wants to take it on.   Do I go this route or go to an attorney?" I would let a rep look it over first. "Will QTC give me a copy of his exam? " The VARO should be willing to release it to you with a formal request for it.   "I need to get him another dr exam to show evidence of his current Agent Orange symptoms"   Did the 5103 waiver or anything else from the VA  ask for more specific medical evidence of any claimed AO disabilities? There were many personal statements from you in the evidence list. VA often breezes over statements like that in favor of concentrating on any established medical evidence, such as formal diagnosis and treatment records.. I think you had mentioned here before that he had heart disease. Did they have any medical evidence to that affect?  
    • Finally got my 100% for Malignant melanoma
      Great News - Happy you got your rating. Take care of yourself.

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Question On Old Claim

10 posts in this topic

I have a question. I filed a claim in 1971 for typhus and secondary conditions. It was denied and I never replied with a NOD or anything. I had actually forgot about it until I filed for PTSD in 2007 and included a claim for typhus with it. Of course they denied it again as unproven. I have those medical records and it does say unproven, but suspected, along with treatment and symptoms of a tropical disease. The medical records show without a doubt that I had some type of disease. So, I am thinking It should be service connected for a tropical disease, even if I dont get a %. So, if that is possible to get it sc'ed, would it go back to 1971 or would it be considered a new claim. I hope you can follow what I am saying and I guess it is hypothetical. I relayed this information to my atty. that recently took my case. He did respond with a NOD, that relates to this and sent it to the VA.

T&B

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Do you have documented residuals that can only be attributed to the Typhus?

Even if your SMRs show typhus or some tropical disease-the VA can only rate any residual disability you still have.

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PS there are many forms of typhus -what kind did you have?

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Berta, from the symptoms it was more than likely scrub typhus. As far as residuals, that is real grey area. I believe that it did some damage to my eyes, either from massive ammounts of antibiotics or the high fever of 103 to 105. extreme headache and backache, febrile and delirious for two days. I believe it caused vasculitis from the headache symptoms and phototobia from the antibiotics. The reason are I did not have floaters before the typhus, thats why I filed in 1971. Then I wound up with a retinal detachment about 5yrs ago, floaters are pre retinal dertachment. Also the VA knows I have phototobia, because they presribe the gradient lens free of charge. I am just want to get it sced some how. In case of liver ,spleen,kidneys, lungs which typhus can effect, but posibly not show up for years.

T&B

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Your attorney would know if there is any basis for a CUE claim here-hat could generate award back to 1971-

BUT I am sure the VA would find no ratable residuals again- CUE is only good as long as the VA actually owed you money at time of past final decision.

If you can afford an IMO -this in my opinion would be the only way to find out if you do have residuals that are ratable and directly due to the typhus-with no other possible etiology.

Nothing is impossible - but everything can become difficult-

I assume the VA has ruled out diabetes as reason for your retinal problems and floaters?

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Thanks Berta, I know the whole thing is a stretch. As far as diabetes, I do not have it. The Va does a blood work up every 3 mos.

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Maybe not a stretch--

I just got 1470 hits for scrub typhus and retinal damage-

of course each hit would have to be read-but I could determine after brief search that there is an association there-

I cant tell if the retinal damage shows up right away or could show up years later-

there are 38 claims at the BVA on this condition-most on remand -

question- could this have been dengue fever or even malaria?

This vet got 100% temp for scrub typhus residuals but she lost the appeal to extend that rating-:

http://www.va.gov/vetapp95/files4/9518560.txt

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Berta, I don't think it was malaria, I believe malaria will stay in your blood forever and you have relapses from it. Dengue fever possible, but the symptoms were more than likely scrub typhus. Also I believe dengue fever is not as common in southeast asia. The medical records strongly suggest typhus, but the test back then were not very reliable and expensive to do. Rather than go through that it was easier for them to suspect rather than prove it was typhus. There are many tropical diseases from that area, so they sort of left the door wide open on that aspect of it. They can deny it was typhus but they can not deny that I had a tropical disease of some sort. So, I am compiling a list of all tropical diseases mostly associated with that area of southeast asia, along with the symptoms and short term and long term effects. It really is narrowed down to typhus, especially scrub. So, if my atty thinks he can get something out of this. At least I can do some legwork and get him as much info as I can. Maybe I should make a multiple choice test for VARO and see if they can pick out the right answer on which tropical disease I had. Berta, If you find any more info, I ccertainly will appreciate it. I need help to put the pieces together on this. Thanks for you time.

T&B

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Yes -you can certainly rule out dengue fever based on your symptoms.

I have seen quite a few Vietnam vet dengue fever claims at the BVA

"A global pandemic began in Southeast Asia in the 1950s and by 1975 DHF had become a leading cause of death among many children in many countries in that region. Epidemic dengue has become more common since the 1980s. By the late 1990s, dengue was the most important mosquito-borne disease affecting humans after malaria, there being around 40 million cases of dengue fever and several hundred thousand cases of dengue hemorrhagic fever each year" Wikipedia

If you have any disability at all that can be associated the the tropical disease or infection you had- it is worth the time and trouble to access all the info you can.

I worked with a Marine who had got malaria at Camp Lejeune.

He still claimed residual problems from the malaria many years after service.

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lost connection and couldnt put this-

Tropical disease-by presumption- any tropical disease manifested at 10% within one year after discharge qualifies for a presumption of service connected.

Did you have any symptoms documented at all or any treatment within the one year after service?

What is odd though is these are the only tropical disease the presumption applies to-

amebiasis, blackwater fever,cholera,dracontiasis,sdysentry,filiasis. leishmaniasis (this is catchy and I know a lawyer sueing VA for family catchy it from vet)

lkala-azar,loiasis,malaria,onchocerciasis, oroya fever,pinta, plaque,schistomiasis, yaws, and yellow fever.

Of course other tropical diseases can be service connected by direct SC evidence.

38 USC 1101 , 38 CFR 3.309 (bv) 2008

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