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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    • Increase of MRSA from 0%-? unknown, having c&p exam on tuesday
      Is the "0" % a NSC rating, or a "0"  SC rating? "Do they go back to the date of the original claim?" Do you mean you claimed this in the past and they denied, and then you re-opened? Or is this on appeal from the original claim? Is it documented in your SMRS and Discharge Certificate?
    • Finally got my 100% for Malignant melanoma
      How did you get something for malignant melanoma? I submitted that in a DBQ just thinking it may become presumptive or secondary to something I already have.  
    • Is this a cue?
      Can you scan and attach here the decision that you filed the appeal on? And the date of that decision?   (cover your C file # prior to scanning it) The problem with cancelling an appeal then succeeding on a subsequent claim for the same thing is that they usually always give the re-open date as the EED.
    • Hypertension(high Blood Pressure)
      How long did you have HBP, before it was DX'd, treated and brought under control? Your answer doesn't really matter. It's safe to say, it didn't just appear overnight. In most cases, if not all, HBP is working it's Dastardly Magic on your body for a significant period of time, before symptoms present and are DX'd. If you were getting yearly check-ups, at least a 12 month window, right. Just because you have controlled HBP,  without a DX of CAD or other Circulatory Disease, filing a Secondary Claim will get Denied.  Ask your VA PCP to refer you to the Cardiology Dept. If you were to get a Nuclear Stress Test or a Heart Echo that turned up a problem, a Heart Cath would be the defining test for CAD. Semper Fi
    • Question about NOD wait time after applying.
      Buck; It isn't whether or not I believe you, it's the fact that you are stating that if you present good evidence that the DRO should and would decide right then and there.  That isn't always the case.  As I stated, my experience with the DRO I had was a bit different.  Not all DRO's are going to decide right then and there.  In fact most won't because they want to review the file and then take their time and decided.  The standing phrase nowadays is "60 days for a decision" but that is not true!  The DRO's are simply back logged on all cases from start to finish. Some Vet's get lucky, like yourself and are informed at the hearing while others, like myself are not.  Maybe had my original DRO been present I might not be waiting but I can say that I am pretty confident I will be victorious with my DRO hearing.  My evidence was rock solid. My DRO was not a newbie - but rather standing in for the DRO I was suppose to have.  My DAV rep called over to the DRO that heard my case and he indicated he hasn't even looked at my case since the hearing.  They are so back logged it's ridiculous. I agree that after the DRO hearing, the Veteran should be entitled to no more than 60 days but it's just not the case.  
    • Question about NOD wait time after applying.
      Maybe so Navy4life &I agree every case is different but plays out with the same format (so-to-speak)  trying to get a decision/ rather a win or a denial...of course we all hope for a win.  When a Veteran takes the evidence to a Hearing  that is clear cut &'' IF THE DRO READS IT'' & Listens, Then no reason for a denial, A DRO has the Authorization to make a decision and expedite the claim then and there. Also a veteran can have a good Idea how the DRO Hearing went before he/she leaves the Hearing,as to rather or not it was a favorable hearing the repore (so to speak)   you have with the DRO and how the hearing went....the veteran is usually contacted within a 30 days time frame on a good favorable Hearing. After your off the Record  the DRO usually lets you know what the decision is or if its going to be in your favor, if he don't do that and says I'll get back to you within 60 days...that to me means he can't decide your claim and is being look at by his peers or  in the upper courts  or if your 60 days has elapse and no word  they probably going to remand it to the BVA. Unfortunately things do get lost in space at the VA...When this happens the only advise I can't think of is to call them 2 or 3 times a week and bug the heck out of them. Member Gastone has experience with the DRO Maybe he can chime in if you don't believe me. Anything that gets in the way of a decision (stand in DRO Unexperienced )is a bad luck of the draw in my opinion... and the DRO can't decide just jams up the whole process, in your case another newbe DRO took your case and he/she could not decide your claim then and there...so you wait for a decision? The standard now days with the VA. No one can give a time as to how long it takes for  them to come to a decision and why they don't get back to the veteran giving an explanation . So we wait. jmo .............Buck
    • My C&P Results and why i'm disturbed
      Based on your post, this should be good news, as far as compensation goes.  Once service connected, the VA uses symptoms, and ROM is a key factor.   If you do get to where you can no longer work, then you should apply for TDIU.  However, it may not be necessary if your increases are sufficient to get you to 100 percent without TDIU.   90%, however, is a tough place to be at.   It takes an additonal 50 percent rating to go from 90 percent to 100 percent, because of the fuzzy math.  This, however, may vary depending on how you got your 90 percent.   If you had a combined 94 percent, rounded to 90, then it will take less than if you had a combined 86% rounded up to 90.  
    • Increase of MRSA from 0%-? unknown, having c&p exam on tuesday
      Your effective date will be the date the doctor says the increase occurred, or the date you applied (for increase), with some exceptions.  Many of these exceptions benefit you.  For example, if you apply within a year of exit from service, your effective date should be the date you exited service.  
    • Hypertension(high Blood Pressure)
      I too get 0% for my SC'd HBP.  Controlled with medicine. I'm currently trying to get secondary for heart disease because of a couple abnormal ecgs, etc.. Hamslice  
    • Is this a cue?
      I have not read your file, but, based on your post, yes.  I hope Berta will chime in.  You may be treading new ground on an important legal issue.   The trouble may be, however, by you cancelling the appeal.  Even when a VA employee lies to you, and you base your decision on a VA employee lies, you are still held accountable, but never the VA employee who lied.  If the VA employee were to take the stand, expect him/her to lie again, and say he never told you to withdraw the appeal.  There is almost zero chance the VA employee will ever take the stand against you, in no small part because they do not hold employees accountable.   One thing you could try is reinstating the appeal.  Again, this is new ground to my knowledge.(which is limited).  Berta has a newer VBM and I wonder if it addresses this issue.   If you have a claim and an appeal for the same thing, and they insist you can only have (1) of these at the same time (not true), then cancel the claim, not the appeal as the appeal will yield an earlier effective date.  They tried this same 3 card monte with me!!!  Fortunately, I was represented by a lawyer and Im an avid hadit/elder and reader,  and I did not take the bait.   The ruse is the VA is saying, "Gee, you have an appeal and a claim going for the same thing.  This is redundandt and save us some work by withdrawing one of these"....the implication here is that the other will be approved.  I understand completely why you chose to withdraw the appeal and not the claim, because appeals take longer.  But this is an effective date killer.  VA wanted me to "apply AGAIN for a claim the VA failed to adjuticate back in 2004, when I had already brought that issue for appealate review, and the BVA simply ignored it, as it was not adjuticated AGAIN, but denied in a "rating sheet" that Veterans are not privy to until the Veteran receives a copy of the RBA.  I have NOT withdrawn the appeal, so I posit my claim is still pending.   One way your lawyer may suggest is to simply, as you suggest, CUE the effective date, since you have been awarded benefits.  I dont know if that is the best route to go.  The only way to determine that is to have a great, experienced VA lawyer review your file, and apply the case law to it.  There is much $$ at stake here.   Your's may well be an interesting and precedent setting case for the VA to not try this farce again.  I hope you get an attorney and make em pay.   You and your NOVA attorney should review your file, and determine if you should file a CUE, a 3.156 to reopen, and/or both.  

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Tinnitus And Secondary Claims

4 posts in this topic

I filed a claim for hearing loss, depression and or adjustment disorder and Ed,

I was turned down for every thing but the tinnitus.

I am now claiming the depression secondary to tinntitus that or any mental health issues and Ed all with new evidence and increase in medicine due to my tinnitus excaberating my depression as stated By a VA Doctor who examined me.

What are the odds on me getting tinittus secondary and even thouth I was turned down does the fact that I submitted new evidence go in my favor.

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I think it will be almost impossible, but if for some reason you get it there would be a stampede of vets following suit.

Cavman

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I filed a claim for hearing loss, depression and or adjustment disorder and Ed,

I was turned down for every thing but the tinnitus.

Congrats on your Tinnitus claim win.

I am now claiming the depression secondary to tinntitus that or any mental health issues and Ed all with new evidence and increase in medicine due to my tinnitus excaberating my depression as stated By a VA Doctor who examined me.

Good luck on this as I see it as a long shot of a claim - Depression secondary to Tinnitus.

As for a doctor stating anything - the real question is, what EXACTLY did the doctor

put in writing ?

What are the odds on me getting tinittus secondary and even thouth I was turned down does the fact that I submitted new evidence go in my favor.

Tinnitus as secondary ????

Did you intend to post Depression as secondary ??

If so I opinioned above on it.

Good luck with your goals.

carlie

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If the VA doctor says tinnitus aggravated your depression and gives a rational for it I think you have a good chance of having depression granted as secondary. That is basically what it takes to win a secondary type claim is a medical opinion. Are there other NSC conditions that could be responsible for your depression? The VA might try to hang their hat on NSC conditions to explain your depression, but your secondary claim sounds good to me. What many or most vets don't know is that any disability can and often does cause depression.

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