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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    • Appeal Complete
      congrats. way to fight.
    • VA CUE Request
      thank you for your replies. Berta: I currently work and plan to do so unless/until I start losing it a little more and I see no other option but to venture into TDIU. I'm in mid 30s and have young kids so I'll need to continue working. Broncovet: My vertigo is usually once a 2-3 weeks but recently had few falls right outside the house which led me to hospital. nothing serious but cuts and bruises at this point but started worry me a bit. VA had me do complete balance test and revealed I have abnormal balance issue. I don't know how to reply back to your question regarding TBI... I'm just out of it most of the times and I try extra hard to concentrate to get things completed that others may not realize. BLUF, I rely on my wife heavily on daily basis. I'm not sure if I'll still be here without her support and guidance.   I last read the letter one more time and I thought VA is recommending to re-evaluate my TBI residual symptoms to include the vertigo? my current rating for TBI is residuals from memory loss and concentration. how should I go about the appeal? do I visit VSO and express my concerns? is it even worth it when it's pretty clear of VA's mistake? thanks a bunch again.  
    • DRO hearing
      How does a CUE work? Does the DRO have to CUE themselves or does a supervisor do it?
    • Is it possible to back date disability pay to time of injury?
      When did you actually get out and when did you file your claims?
    • Is it possible to back date disability pay to time of injury?
      Yeah Kinda figured it was a pipe dream. I wasnt sure if anyone had seen this happen before or not.
    • Is it possible to back date disability pay to time of injury?
      The crazy one here, there are too many scenarios for anyone to properly answer your question.  A lot of our claims are alike but they are also very different. Without knowing how/when  he filed his claim and the steps he took it would be pure speculation on anyone's part to guess.  If and only if you filed a claim back in 2007 and was denied then you found records of your injury and then you filed a new claim in 2012 and was granted service connection then you could request an earlier effective date under CUE but outside of that there is no way VA will back a pay retro payment without a veteran filing a claim.  Even with a veteran filing an earlier claim VA will put the veterans' claim through the wait and see if the veteran miss a suspense date so we(VA) can deny his/her claim.
    • Is it possible to back date disability pay to time of injury?
      I asked him if he knew why/how they back payed him to deployment and he said he didnt know. He doesnt want to ask questions though for fear of them taking the money back. If it werent for the fact that he showed me his bank account with a $50,000+ transfer from the treasury i would think it was bull shit
    • PTSD Denied NSC - Schizophrenia NSC
      to add... These 2 conditions of PTSD and Schizophrenia can overlap as these cases show. The medical term is called comorbid conditions. Mark gave excellent advise…….schizophrenia is a psychosis that falls under the Chronic presumptives, if there is evidence at least of 10% upon discharge. But it all depends on getting all of his records and then obtaining an IMO/IME   “FINDINGS OF FACT   1.  In 1980, VA amended its regulations to include PTSD.   2.  The first communication from the Veteran claiming entitlement to service connection for PTSD is dated April 13, 1995.    3.  The evidence shows the Veteran has had overlapping symptoms of PTSD and schizophrenia since service.      CONCLUSION OF LAW   The criteria for an effective date of April 13, 1994, for a grant of service connection for PTSD, have been met.  38 U.S.C.A. §§ 5101(a), 5110 (West 2002 & Supp. 2011); 38 C.F.R. §§ 3.1, 3.151, 3.155, 3.400 (2011). “   http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp12/Files1/1201318.txt   “The RO received the veteran's new claim for service connection for PTSD on October 5, 1992.  As indicated above, this claim served as the basis for the RO's April 1992 rating action that granted service connection for PTSD, and subsequent, October 2002 rating action that also granted service connection for schizophrenia, and assigned an effective date of October 5, 1992, for the grant of service connection for PTSD with schizophrenia."   http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp04/Files3/0423610.txt”    
    • VA CUE Request
      You may need to appeal just on the vertigo issue alone. (It wont hurt to appeal other issues also.)  How bad is your TBI??  

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jimbo1

90%sc Denied Iu?

25 posts in this topic

the va regonal office, told me they have me rated at 100% adding on my non sc disabilities ,i have 70%ptsd 60% coronary artery diesease sc ,and sleep apnea non sc,i aplied for iu after a 4 bypass graft,and was denied,i have appealed it, havent heard nothing yet, since that i have been back in the va hospitial ,one of the grafts blocked and killed that part of my heart, and now i have pad in my legs too,so im asking for 100%sc.any feed back will help ,im going nuts

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Welcome aboard, and know that you are not the only one this has happened to. Please post their reasons and basis for denial so we can pick this thing apart with you.

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Welcome aboard, and know that you are not the only one this has happened to. Please post their reasons and basis for denial so we can pick this thing apart with you.

the main reason there saying i was denied was i was a barber when i had my bypass, in 06 and i quit working and havent looked for work, it says my cad is noted that it effects my ability to engage in physical employment,and no effect to engage in sedentary employment. it says the va physician noted that my ptsd causes me severe impairment in my ability to maintain employment, but i do not have total occupational and social impairment due to my ptsd .and at the end it says a high rating in itself is a recognition that the impairment makes it difficult to keep employment. i owned my barber shop, and sold it ,i cant stand up all day with my arms in the air , i went to barber college, but i only have a 9th grade education, and barber shops dont make you fill out applications, but since my last heart attack 8 weeks ago,i was in the va hospitial for 4 days and they did a heart cath and told me 1 of my grafts had blocked and killed my heart where the artery was and cant be fixed, and i also have blockages in my legs called pad .the va sent me this month to a c&p doctor and he also told me i have a surgical hernia from my chest to my belly button, i also have sleep apnea ,i would have thought my 70%sc ptsd would have been good enough for iu. and now i have light heart attacks 2 times a week the va told me i would eventully be on oxygen, thanks, and i hope theres something in here we can pick apart.

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i know now why i was denied, because the va said i was able to do sedintary work, i just went to my va primary care doctor for my yearly physical and he put it on record that i can not do any type of gainfull employment due to my sc conditions, i am 90%sc now ,i had a 4 bypass open heart in 06, just had anouther heart attack feb 09 ,they did a heart cath and told me 1 of the bypass grafts had blocked and killed my heart where the artery went ,and cant be fixed, they also went into my legs and told me i have blockages and my vascular system looked like rotten bicycle inertubes, i have ptsd 70% sc and coronary heart disease 60%sc , they denied my sleep apnea as sc i have reaplied for that since i did the sleep study after my open heart surgery in 06 i was found to have sleep apnea and put on a cpap unit, they told me at the va regional office they have my sleep apnea rated as 50% nsc, and i have asked for a increase for my heart due to the damage from the artery that cant be fixed, and pad for my legs. thanks for reading

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i know now why i was denied, because the va said i was able to do sedintary work, i just went to my va primary care doctor for my yearly physical and he put it on record that i can not do any type of gainfull employment due to my sc conditions, i am 90%sc now ,i had a 4 bypass open heart in 06, just had anouther heart attack feb 09 ,they did a heart cath and told me 1 of the bypass grafts had blocked and killed my heart where the artery went ,and cant be fixed, they also went into my legs and told me i have blockages and my vascular system looked like rotten bicycle inertubes, i have ptsd 70% sc and coronary heart disease 60%sc , they denied my sleep apnea as sc i have reaplied for that since i did the sleep study after my open heart surgery in 06 i was found to have sleep apnea and put on a cpap unit, they told me at the va regional office they have my sleep apnea rated as 50% nsc, and i have asked for a increase for my heart due to the damage from the artery that cant be fixed, and pad for my legs. thanks for reading

50% nsc for sleep apnea, what does that mean? Any money, how does nsc work?

Thanks,

Bergie

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WoW! brother thats awful,Yog

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50% nsc for sleep apnea, what does that mean? Any money, how does nsc work?

Thanks,

Bergie

non service connected sleep apnea doesent pay anything ,it works for them because they told me they have me rated as 100% with my sc and non service connected disabilities and granted me a non service connected pension,which i turned down, so see they are saying i am not able to work ,but are deniying me iu, it doesent make sense ,if i was able to work i would take the 90%sc pay and go to work but i am not able.i was granted ssi while i was in the hospitial, social security sent me a letter telling me i was going to receive ssi and then i got another letter saying i had to many assets to recetve ssi, i got a house truck and motorcycle and that got me denied,i hope you get more from this than i can , it just dont seem right, thanks

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You should have IU but you probably need a private doctor to evaluate you and your SMR's and VA medical records and say that you cannot work due solely to your SC conditionss. I know people who have much weaker claims than you, but they got medical opinions to rebut what the VA said every time they were low balled or denied. They won their claims just due to persistence and getting new evidence in the form of medical reports. You could even apply for voc rehab and if they turn you down, which they probably will, use that as evidence of IU. Voc rehab does not communicate with the VBA. When you ask for your C-File you won't get your voc rehab documents.

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You should have IU but you probably need a private doctor to evaluate you and your SMR's and VA medical records and say that you cannot work due solely to your SC conditionss. I know people who have much weaker claims than you, but they got medical opinions to rebut what the VA said every time they were low balled or denied. They won their claims just due to persistence and getting new evidence in the form of medical reports. You could even apply for voc rehab and if they turn you down, which they probably will, use that as evidence of IU. Voc rehab does not communicate with the VBA. When you ask for your C-File you won't get your voc rehab documents.

thanks ,i do have a appointment comeing up with a private doctor cardioligist, thanks again

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just went today to an independant cardioligist, he did a stress and echocardiogram on my heart and wrote on record that i am p&t disabled due to my heart condition,will the va except that?the c&p doctor that the va has contracted out for my heart is a pain management doctor, i have seen him once already, the va sent me to bloomington hospitial they did a echo of my heart , then i went back to bloomington hospitial for a dopler of my legs ,and now the va wants me to come back to indianapolis va to have them do a dopler, and go back to the pain management doctor for his evaluations the pain management doctor is in terre haute indiana. im hopeing that with my primary care doctor at the va saying i cant do any kind of gainfull employment due to my sc heart condition , and the independant heart doctor writeing it out that i am p&t disabled ,will be enough for iu. thank,s

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What is your ejection fraction measured at?

The tests the VA uses, The Echo, Stress Test are all guesses. The only real test is a heart cath as it is someone actually looking at the heart and vasculature.

I assume you have had these before so you need to get a copy of them and read them carefully.

Your 100 percent may be in there.

Compare your EF to the schedule for rating disabilities. If it equals or is lower than t he criteria, you have a valid arguement and a cue in progress as they are not following the proper rating procedures which is an administrative error.

Too bad your claim is at the INDY RO. They rank lower than a worm turd when it comes to claims.

J

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What is your ejection fraction measured at?

The tests the VA uses, The Echo, Stress Test are all guesses. The only real test is a heart cath as it is someone actually looking at the heart and vasculature.

I assume you have had these before so you need to get a copy of them and read them carefully.

Your 100 percent may be in there.

Compare your EF to the schedule for rating disabilities. If it equals or is lower than t he criteria, you have a valid arguement and a cue in progress as they are not following the proper rating procedures which is an administrative error.

Too bad your claim is at the INDY RO. They rank lower than a worm turd when it comes to claims.

J

just had a heart cath done in feb 09 when i was hospitialized with a heart attack at the va ,my ef is 40,

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Is it possible you were employed when you filed for TDIU? Other than that I think they must be nuts-not you

Make sure you apply for temporary 100% convalescence if you met that criteria -it should be available here under a search-

what was the wording of the denial regarding the bypass due to your SC heart condition?

I cannot imagine what they came up with there-

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Is it possible you were employed when you filed for TDIU? Other than that I think they must be nuts-not you

Make sure you apply for temporary 100% convalescence if you met that criteria -it should be available here under a search-

what was the wording of the denial regarding the bypass due to your SC heart condition?

I cannot imagine what they came up with there-

they said i could not do any physical work at all but i could do sendantary work,and i was a barber and was not working when i filed for iu, i wish i could work i would draw my 90%sc and cut hair ,but im not able,on my ptsd im 70%sc for that they said they know that it keeps me from keeping employment but i am not socialy impaired ,and that my high rateing in itself tells them that i am not able to keep employment,i did not show them where i was trying to find employment so i was being denied iu.thanks for everyones comments it does help when you know your not alone and other vets thats been there with there own battle gives you a boost ,by telling you what to try, thanks again

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Welcome, Thank you for your service and yes, we are on your side. Thinking a few things, you said your VA doc said you can't do gainful employment? Is that in writing and do you have a copy? And have you applied for ssdi? And last but not least, do you have a Vso helping you? Some here at Hadit do and don't, thats a personal choice, but mine helps a bit.

Best to ya,

Cg'up2009!

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Welcome, Thank you for your service and yes, we are on your side. Thinking a few things, you said your VA doc said you can't do gainful employment? Is that in writing and do you have a copy? And have you applied for ssdi? And last but not least, do you have a Vso helping you? Some here at Hadit do and don't, thats a personal choice, but mine helps a bit.

Best to ya,

Cg'up2009!he put it on his pc in his addendum notes, yes i applied ssdi i havent been to court yet was approved last year but they said i didnt have enough quarters ,but i only needed 2 quarters and i had forgotten my sister had hired a women to work in my barber shop for me and i hadnt claimed the money for that or from selling my shop, so i have enough quarters now,they turned me down for ssi and then i got a leter saying the state reviewed my case and i was going to get ssi and then social security sent me a leter and told me i had to many assets to draw ssi, i do have enough quarters paid in now.just waiting for a judge now.and this is like my 3rd vso the 1st one quit he was still in training the 2nd one is the manager of the dav and he handed me to a new trainie, i dont know why it takes so long ,the dav and the va ro are right across the hall from one another,the va is not disputing that im 100% disabled they have told me i am with my nsc conditions,they offered me a nsc pension ,but i make more with my 90%sc thats why this time i did not mention my nsc disabilitys ,i was affraid the va wouild say thats the reason i cant work,i have bone spurs digging into my spinal cord around the stem of my brain and the va said they could put me in 30lbs of traction but theywouldnt because it may paralize me.and the 5th &6th vertabrea one is flatened and leaked all the jell out and the other one is bulging,i think thats why the va is saying i can do sendentary work,because they have already said i cant do any physical work at all, plus the va has it on record that they sent me to iu med center for my sleep study, and found out i have sleep apnea which was denied sc but they have me rated at 50% nsc for it the va is the ones who has me on the cpap machine,i ask the doctor why he thought my neck and back was messed up and he said old age,i will be 54 in aug, my mind went off the path there for awhile,thanks for reading

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If your VA doc says that you are unemployable, can he help you get disability benefits?

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Yes that should help but you have to have it in writing and show it to VARO

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Jimbo, we are all in this together and trying to figure out the VA. Been at it years myself, then I found Hadit, Thank GOD! If ya only knew half my story. Well, I'm sure it doesn't stack up to anything you are dealin with just now. Sounds like yer doing good and fighting onward.

Okay, lets see if I have this correct.

You have a copy of the VA treating doctor's notes saying "unemployable".? Great.

You have a copy of the private cardiologists letter saying 'unemployable'? Great.

You have a copy of the reason the VA denied you for IU the last time? If you are appealing that, expect new c&p exams.

You were admitted to a VA hospital for a 70% service connected condition, your heart? You deserve VA 100% rating for that duration.*

You have a current VSO? ok, you can ask the status of your claim from them or submit 'copies' of supporting documents.

Sorry for the list, but I was trying to sort out what where you are at in the VA process. So, in my opinion, if you have the two doctor letters or notes. Thats good. Hand 'copies' of them over to the VA, highlighted and as soon as possible.

If you look at the reason the VA denied you for IU last time, if thats sedentary, things have changed for you. My guess, if IU is in appeal, things have changed dramatically. If you have since applied for ssdi and if it looks likely be approved, adding that information should help support your IU application or appeal.

*You have since been hospitalized and need to request a VA 100% rating for being inpatient and recouping (maybe someone else here can help explain).

One last question, if your service connected heart condition has changed recently, have you filed for an Increase in your VA disability benefits?

Keeping you in my prayers, if ya don't mind,

Cowgirl'up2009!

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Jimbo, we are all in this together and trying to figure out the VA. Been at it years myself, then I found Hadit, Thank GOD! If ya only knew half my story. Well, I'm sure it doesn't stack up to anything you are dealin with just now. Sounds like yer doing good and fighting onward.

Okay, lets see if I have this correct.

You have a copy of the VA treating doctor's notes saying "unemployable".? Great.

You have a copy of the private cardiologists letter saying 'unemployable'? Great.

You have a copy of the reason the VA denied you for IU the last time? If you are appealing that, expect new c&p exams.

You were admitted to a VA hospital for a 70% service connected condition, your heart? You deserve VA 100% rating for that duration.*

You have a current VSO? ok, you can ask the status of your claim from them or submit 'copies' of supporting documents.

Sorry for the list, but I was trying to sort out what where you are at in the VA process. So, in my opinion, if you have the two doctor letters or notes. Thats good. Hand 'copies' of them over to the VA, highlighted and as soon as possible.

If you look at the reason the VA denied you for IU last time, if thats sedentary, things have changed for you. My guess, if IU is in appeal, things have changed dramatically. If you have since applied for ssdi and if it looks likely be approved, adding that information should help support your IU application or appeal.

*You have since been hospitalized and need to request a VA 100% rating for being inpatient and recouping (maybe someone else here can help explain).

One last question, if your service connected heart condition has changed recently, have you filed for an Increase in your VA disability benefits?

Keeping you in my prayers, if ya don't mind,

Cowgirl'up2009!

i have already put in for the heart increase, and for pad ive been to 2 c&p exams for the va i have 2 more which are may-26-09 and may-28-09, i talked to the va regional office today at the 1-800#and was told the decsesion on my iu appeal is set for oct-25-09, and i have already been to the social security doctor & mental health phyciatrist, waiting for them to get back to me, but how can the va have me rated at 100% with my nsc disabilites and 90% sc and not give me iu.

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Yes that should help but you have to have it in writing and show it to VARO

i told my dav rep what he put on his pc and they have my power of attorney, and i have filled out all the paper work so they can get all my medical records, i do have a copy from the private cardiologist his assesment of me is, coronary artery disease ,cardiomyopathy,essential hypertension,hyperlipidemia,sleep apnea, and states over all it apears that i am totally and permantently disabled due to his cardiovascular disease

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If your VA doc says that you are unemployable, can he help you get disability benefits?

im not sure myself ,but it sure cant hurt he is my primary care doctor.

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i have already put in for the heart increase, and for pad ive been to 2 c&p exams for the va i have 2 more which are may-26-09 and may-28-09, i talked to the va regional office today at the 1-800#and was told the decsesion on my iu appeal is set for oct-25-09, and i have already been to the social security doctor & mental health phyciatrist, waiting for them to get back to me, but how can the va have me rated at 100% with my nsc disabilites and 90% sc and not give me iu.thanks for all the help.

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i have already put in for the heart increase, and for pad ive been to 2 c&p exams for the va i have 2 more which are may-26-09 and may-28-09, i talked to the va regional office today at the 1-800#and was told the decsesion on my iu appeal is set for oct-25-09, and i have already been to the social security doctor & mental health phyciatrist, waiting for them to get back to me, but how can the va have me rated at 100% with my nsc disabilites and 90% sc and not give me iu.they said i didnt qualify for 100% while i was in the hospitial because they only kept me 4 days,thanks for your help, the way the va doctors talk to me ,they make it sound like i only have 2 years left to live,i had to see my mental health doctor this week, and he told me the presbetarians believe life is pain and suggested i change my religion, that is a doctor at the va i see every 3 months,thanks again

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I bet Vets in other countries get more help and faster. Yea, but do get everything in writting.

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