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How to Get your VA C-File


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    • Sleep Apnea Claim
      The last RBA I got (RBA is the same as Cfile, but a RBA is certified to CAVC) was on DVD.  
    • C&P Exam Completed [Bad Vibe]
      Anyone know how long the wait period is from where I can try to print out the c&p exam at my VA center?   
    • Fully Developed Cue
      According to the 1-800 folks my NOD with the DRO is now "ready to rate".  Who knows how long before they pick it up to look at it...   In hindsight I guess I should have sent this straight to BVA, but I'm young (45) so I assume I have some time.   That's the latest, I'll update when I get an SOC.  I'm going all the way to CAVC with this one.
    • Sleep Apnea Claim
      Thank you. Ha....when I retired I had to stand in front of a copy machine and make my own copies. A disk would be great.
    • Reserve/End of contract
      Hello All, Need some suggestions, I served on Active Duty for 9 years and then joined the reserves before my contract ended. I have now been in the reserves for 4 years.
      I was artillery during my AD time and it was frowned upon to go to medical for anything, I smashed my hand between the garage door and the howitzer pushing it out and was told not to go to medical. Finally after a week, I went to an off base urgent care facility and found that I had fractured two bones in my hand and they put a half cast on my pink and ring fingers and going up my hand. Well I received a page 11 for not following an order, so that was my wake up call into the unit. Going forward I rarely went to medical and I have had many injuries since. I deployed in 06/07 and in 09 and after returning home my wife started saying I was choking in my sleep, so I went to my family doctor at the time outside Quantico (no longer a doctors office) and was prescribed a CPAP machine. I used it for about a year and some change and left the military to go back home. I began the lengthy process with filing a claim with the VA only to be denied. I am now currently in the reserves which is no better, I injured my back when I was in Iraq falling from a wrecker and at the time I was on 800 mg ibuprofen about 6 times a day. I did something to my back again in 2014 during a training exercise to the point I could not move, the unit has now been going back and forth with RMED since 2014 and still has yet to come back with approval. I have been going to the VA for appointments and having them take a look at my back since orthopedic/physical therapy through civilian care is killing my pockets. My military medical records are MIA and I never made copies. I have a copy of my original sleep study but it does not show the actual study it just gives the doctors narrative and what he prescribed at the time. I originally started going to the VA for counseling sessions for PTSD/in service stress but stopped due to the issue with service connection PTSD causing issues with security clearances and other issues and at the time I was serving on the police force in a local town. Is there anything I can do currently that will help with submitting my claim, should I get my current VA doctor to recommend anything, or should I find a good doctor on the outside of the VA? My back pain is probably the biggest factor and now is causing a lot of issues with my knees. I also have high blood pressure, I am still fighting with sleep issues. I have little documentation from doctors but do have a decent record with my chiropractor over the past 4 years since moving back home. Any suggestions will be greatly appreciated. Thanks
    • My husband died in motorcycle accident
      From what I can tell here, the retro DIC would go back to May 2010,the month he died in  and when the 21-534 was filed.
    • Back Pay?
      A Dickerson, I have never heard of VA calling to ask for your bank account number because that information is considered personal. I have heard of VA sending you a letter telling you they need you to confirm your account information and bank information, routing number, etc. These days you can't trust the person on the other end of a phone. Did they give you there service code number. It just sound like something VA wouldn't do with all this identity theft stuff going on. If you haven't already I would call the 800-827-1000 number and confirm someone did call you from VA. Call me paranoid  
    • My husband died in motorcycle accident
      page1006 This may help you? or Confuse the heck out of you, I'm sure MsBerta will know. Unless specifically provided otherwise in this chapter, the effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor. (b)(1) The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran’s discharge or release if application therefor is received within one year from such date of discharge or release. (2)(A) The effective date of an award of disability compensation to a veteran who submits an application therefor that sets forth an original claim that is fully-developed (as determined by the Secretary) as of the date of submittal shall be fixed in accordance with the facts found, but shall not be earlier than the date that is one year before the date of receipt of the application. (B) For purposes of this paragraph, an original claim is an initial claim filed by a veteran for disability compensation. (C) This paragraph shall take effect on the date that is one year after the date of the enactment of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 and shall not apply with respect to claims filed after the date that is three years after the date of the enactment of such Act. (3) The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date. (4)(A) The effective date of an award of disability pension to a veteran described in subparagraph (B) of this paragraph shall be the date of application or the date on which the veteran became permanently and totally disabled, if the veteran applies for a retroactive award within one year from such date, whichever is to the advantage of the veteran. (B) A veteran referred to in subparagraph (A) of this paragraph is a veteran who is permanently and totally disabled and who is prevented by a disability from applying for disability pension for a period of at least 30 days beginning on the date on which the veteran became permanently and totally disabled. (c) The effective date of an award of disability compensation by reason of section 1151 of this title shall be the date such injury or aggravation was suffered if an application therefor is received within one year from such date. (d) The effective date of an award of death compensation, dependency and indemnity compensation, or death pension for which application is received within one year from the date of death shall be the first day of the month in which the death occurred. (e)(1) Except as provided in paragraph (2) of this subsection, the effective date of an award of dependency and indemnity compensation to a child shall be the first day of the month in which the child’s entitlement arose if application therefor is received within one year from such date. (2) In the case of a child who is eighteen years of age or over and who immediately before becoming eighteen years of age was counted under section 1311(b) of this title in determining the amount of the dependency and indemnity compensation of a surviving spouse, the effective date of an award of dependency and indemnity compensation to such child shall be the date the child attains the age of eighteen years if application therefor is received within one year from such date. (f) An award of additional compensation on account of dependents based on the establishment of a disability rating in the percentage evaluation specified by law for the purpose shall be payable from the effective date of such rating; but only if proof of dependents is received within one year from the date of notification of such rating action. (g) Subject to the provisions of section 5101 of this title, where compensation, dependency and indemnity compensation, or pension is awarded or increased pursuant to any Act or administrative issue, the effective date of such award or increase shall be fixed in accordance with the facts found but shall not be earlier than the effective date of the Act or administrative issue. In no event shall such award or increase be retroactive for more than one year from the date of application therefor or the date of administrative determination of entitlement, whichever is earlier. (h) Where an award of pension has been deferred or pension has been awarded at a rate based on anticipated income for a year and the claimant later establishes that income for that year was at a rate warranting entitlement or increased entitlement, the effective date of such entitlement or increase shall be fixed in accordance with the facts found if satisfactory evidence is received before the expiration of the next calendar year. (i) Whenever any disallowed claim is reopened and thereafter allowed on the basis of new and material evidence resulting from the correction of the military records of the proper service department under section 1552 of title 10, or the change, correction, or modification of a discharge or dismissal under section 1553 of title 10, or from other corrective action by competent authority, the effective date of commencement of the benefits so awarded shall be the date on which an application was filed for correction of the military record or for the change, modification, or correction of a discharge or dismissal, as the case may be, or the date such disallowed claim was filed, whichever date is the later, but in no event shall such award of benefits be retroactive for more than one year from the date of reopening of such disallowed claim. This subsection shall not apply to any application or claim for Government life insurance benefits. (j) Where a report or a finding of death of any person in the active military, naval, or air service has been made by the Secretary concerned, the effective date of an award of death compensation, dependency and indemnity compensation, or death pension, as applicable, shall be the first day of the month fixed by that Secretary as the month of death in such report or finding, if application therefor is received within one year from the date such report or finding has been made; however, such benefits shall not be payable to any person for any period for which such person has received, or was entitled to receive, an allowance, allotment, or service pay of the deceased. (k) The effective date of the award of benefits to a surviving spouse or of an award or increase of benefits based on recognition of a child, upon annulment of a marriage shall be the date the judicial decree of annulment becomes final if a claim therefor is filed within one year from the date the judicial decree of annulment becomes final; in all other cases the effective date shall be the date the claim is filed. (l) The effective date of an award of benefits to a surviving spouse based upon a termination of a remarriage by death or divorce, or of an award or increase of benefits based on recognition of a child upon termination of the child’s marriage by death or divorce, shall be the date of death or the date the judicial decree or divorce becomes final, if an application therefor is received within one year from such termination. [(m) Repealed. Pub. L. 103–446, title XII, § 1201(i)(8), Nov. 2, 1994, 108 Stat. 4688.] (n) The effective date of the award of any benefit or any increase therein by reason of marriage or the birth or adoption of a child shall be the date of such event if proof of such event is received by the Secretary within one year from the date of the marriage, birth, or adoption. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1226, § 3010; Pub. L. 87–674, § 3, Sept. 19, 1962, 76 Stat. 558; Pub. L. 87–825, § 1, Oct. 15, 1962, 76 Stat. 948; Pub. L. 91–376, § 7, Aug. 12, 1970, 84 Stat. 790; Pub. L. 91–584, § 13, Dec. 24, 1970, 84 Stat. 1578; Pub. L. 93–177, § 6(a), Dec. 6, 1973, 87 Stat. 696; Pub. L. 93–527, § 9(b), Dec. 21, 1974, 88 Stat. 1705; Pub. L. 94–71, title I, § 104, Aug. 5, 1975, 89 Stat. 396; Pub. L. 97–66, title II, § 204(b), Oct. 17, 1981, 95 Stat. 1029
    • C&P Exam Completed [Bad Vibe]
      Arng I'm already S/C for these conditions. I was being evaluated for an increase.   buck I've also heard the work up can be found on mhv shortly after. I will try this too. 
    • My husband died in motorcycle accident
      I'm only guessing but I would say the date your hubby filed his claim, DIC maybe different in this type case, but if you win out I think it would be the date he filed  but I'm not sure? Ms Berta will know. ..............Buck

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allan

Depression Secondary To Shoulder

1 post in this topic

Citation NR: 9615910 Decision Date: 06/06/96 Archive Date: 06/18/96DOCKET NO. 95-36 296 ) DATE ) )On appeal from theDepartment of Veterans Affairs Regional Office in New York, New YorkTHE ISSUEEntitlement to service connection for a psychiatric disability, secondary to a service connected right shoulder disability.REPRESENTATIONAppellant represented by: Veterans of Foreign Wars of the United StatesWITNESS AT HEARING ON APPEALAppellantATTORNEY FOR THE BOARDK. Johnson, Associate CounselINTRODUCTIONThe veteran served on active duty from August 1976 to February 1978.This matter initially came to the Board of Veterans’ Appeals (Board) from an August 1993 decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida, which denied service connection for depression secondary to the veteran’s service-connected right shoulder disability. Although the RO in St. Petersburg, Florida made the initial determination, in February 1994, the veteran’s claims folder and claims were transferred to the RO in New York, New York, based on the veteran’s change of residence. The Board also notes that the veteran has raised the issue that his depression, claimed to be secondary to his service-connected right shoulder disability, has rendered him unemployable, and has filed an unemployability claim. The issue of veteran’s entitlement to unemployability benefits based on service connection for depression secondary to his service-connected right shoulder disability is not inextricably intertwined with the current appeal, and the RO has made no determination regarding the unemployability claim. Therefore, it is referred to the RO for the appropriate action. REMANDIn 1977, during service, the veteran sustained an injury to his right shoulder, and underwent surgery. In 1988, the veteran underwent another surgical procedure to improve his shoulder mobility. Since that time, however, the veteran has experienced residual pain and loss of range of motion. In February 1988, the veteran was granted service connection for his right shoulder disability. An April 1988 VA medical report noted that the veteran was hospitalized after an attempted suicide, and was given a diagnosis of adjustment disorder, with depressed mood. In July 1988, the veteran was afforded a personal hearing regarding his service-connected right shoulder disability, and raised the issue that his depression was related to his shoulder surgery. He testified that he had been under the care of psychiatrist.An August 1988 VA examination for rating purposes noted that the veteran had been suffering from depression. The physician who conducted the physical examination, reported that the veteran had a status post reactive depressive personality disorder, maybe related to his continuous pain and limited mobility of the right shoulder. The psychiatric examiner noted the veteran’s reporting of several months of intermittent dysphoric periods associated with stressors, including bills coming due, the inability to work due to his right shoulder disability and pain, car troubles, and not adequately providing for his family. The examiner noted that all of those social circumstances combined to produce intermittent periods of dysphoria. The examiner gave a diagnosis of continuous alcohol abuse, adjustment disorder with work inhibition and the presence of depressive features. This is the last VA examination of record that included a psychiatric evaluation.A January 1989 VA examination report noted that the veteran had chronic pain syndrome. It was also noted that there was a 15 year history of chronic ethanol abuse, and a history of adjustment reaction with depressive state. A February 1989 VA medical report noted a diagnosis of chronic pain syndrome of the right shoulder, and reported that there was the possibility of the associated depression bearing on the pain syndrome. Private physician reports, dated from June 1992 to August 1992, noted the veteran’s medical history regarding his right shoulder and chronic pain. The reports noted diagnoses of depression and anxiety, and the August 1992 report noted a diagnosis of recurrent depression with delusions. VA outpatient treatment reports also note that the veteran continued to seek treatment for his depression and anxiety. In view of the need for an evaluation which clearly defines the nature and onset of the veteran’s depression and anxiety, and since the last VA psychiatric evaluation was conducted in 1988, the Board has determined that, the veteran should be afforded a VA psychiatric examination. The claims folder should be made available to the examiner prior to such examination. In view of the foregoing, and in order to fully and fairly evaluate the veteran’s claim, the case is REMANDED to the RO for the following development:1. The RO should obtain the treatment records from all VA and non-VA medical care providers, which are not currently associated with the veteran’s claims file. After securing the necessary release for any private records, the RO should obtain these records, and associate them with the veteran’s claims file.2. The RO should schedule the veteran for a VA psychiatric examination. The claims folder should be made available to the examiner for review prior to the examination. The examiner should give a diagnosis of each psychiatric disorder that is present. For each disorder that is present, the examiner should state a medical opinion, based on the entire medical record, as to whether it is more likely than not that the disorder is the result of the service-connected right shoulder disability.3. The RO should readjudicate the veteran’s claim for service connection for a psychiatric disability, secondary to the service-connected right shoulder disability. If the determination remains adverse to the veteran, he should be provided a supplemental statement of the case which includes a summary of additional evidence submitted, any additional applicable laws and regulations, and the reasons for the decision. The veteran and his representative should be afforded the applicable time to respond.Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration, if appropriate. The veteran need take no action until he is further informed. The purpose of this REMAND is to obtain additional information and to afford the veteran due process of law. The Board intimates no opinion, either factual or legal, as to the ultimate conclusion warranted in this case. G. H. SHUFELT Member, Board of Veterans' AppealsThe Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, 741 (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board.Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Veterans Appeals. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (1995).- 2 -

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