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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    • Fully Developed Cue
      Winning the effective date is often the most difficult and most legal and biggest legal challenge of all.  The general rule on effective dates is that that its the later of the "facts found" or the date you applied.  But there are many important exceptions to the general rule.   Many of those exceptions are covered here: http://www.purpleheart.org/ServiceProgram/Training2011/W-2 Common VA Effective Date ErrorsL.pdf If you are a Nehmer Vet, then there are anothe set of exceptions: http://www.purpleheart.org/ServiceProgram/Training2013/15-M-Nehmer Phase II - March 2013.pdf My VBM, which is at least a year old, has more than 40 pages on Effective dates, with references to thousands of pages of case law.   I recommend you take everything to a NOVA lawyer, and ask him/her if he can get you an EED and on what bases.   If he says "yes", then you can decide if you want to do it yourself or hire him or others.  
    • Fully Developed Cue
      Yeah.... and then they awarded for PTSD with bipolar....not bi polar with PTSD....PTSD is the primary condition "GAFs between 20-40, with 7 inpatient 5150s."   But they treated you for bi polar and not PTSD.....? Yet you sure didn't get PTSD at some C & P exam..... I think the date your entitlement arose was long ago , when they started to misdiagnose you....shades of 1151.... (that might be one more avenue of approach here) But best to wait for whatever the SOC says......
    • How does one continue ?
      I do understand for Vietnam Veterans their files are older and may take some time converting them to the new digital format and  copy to CD. but once they get the request  they should start the process.
    • How does one continue ?
      How does one continue to file claim without C-File? (Requested twice) not a word from VA INT is ruining out and his C-file has been order over a year now So how would a veteran submit evidence while waiting on the C-file? just send in what he has? but a certain record he needs  that is crucial  in his C-FILE that would put a whole new look on his claim s supporting evidence. Should he file the claim and wait for a denial and be ready to NOD? I'ts not the Veterans fault the VA Won't send his C-File to prepare for his claim.
    • HadIt.com T-Shirts Get Yours Now
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    • Fully Developed Cue
      Berta- I just read this reply, I know it's been a while since you wrote it, sorry. VA awarded 70% NSC rating back in 2004 for bipolar.  I was simultaneously awarded SSDI.  That base is covered.  For now winning the EED is the focus, from there, continuity is a cinch..   
    • BVA Appeal from DRO
      "Question?:  Do I give up...and, say the VA has won? "  Not if your evidence meets the 1151 criteria. "Is this what the VA wants me to do?"  Maybe. VA hates 1151s. Do you have a strong IMO?IME that follows the IMO criteria here at hadit? If not, do you have documented evidence that satisfies the 2 key issues of 1151 claims? If so, you still will need...in most cases...a very strong IMO. "  Also, what's the difference between "1151"and filing a complaint with the OIG?  FYI, currently residing outside of the country, permanently" The OIG does not get into claims issues.They would respond to a serious Patient Safety issue. There is a wealth of info here on 1151 claims in our FTCA and Section 1151 forums.. The two key issues for 1151s are: Documented medical evidence of VA negligence/malpractice ( as found in your VA medical records)and Documented medical evidence that their negligence/malpractice caused you to have a documented additional disability ratable at least at 10%. (also as found in your VA medical records, often listed as NSC on rating sheets) The additional disability must have no other etiology but for the proven malpractice (except in a few cases it can have additional etiology such as some of my 1151 claims did but I know of no other cases like that)    
    • Guidance request on C&P exam - PTSD, hearing loss, and tinnitus
      I list the following resources on my website (PTSDexams.com). The first two links are articles (posts) I wrote, published on my site: Advice for Veterans – VA PTSD Compensation and Pension Exam – Advice for veterans who have filed a VA disability benefits claim for posttraumatic stress disorder (PTSD), and have been scheduled for a Compensation and Pension examination (C&P exam). Advice for Veterans – PTSD Military Sexual Trauma (MST) C&P Exams – Suggestions for MST survivors to file a successful claim for VA disability compensation benefits, although much of the information applies to veterans disability benefits claims in general. What to Expect at Your C&P Exam – Well-written article for veterans that explains what you can expect at your C&P exam and how to prepare.  What to Expect at Your C&P Exam (Video) – A 5-minute video produced by the Department of Veterans Affairs that describes what veterans can expect at their C&P exam. Exam Tips from a Veterans Law Attorney – Check out lawyer Chris Attig’s 10 Tips to Help You Keep the C&P Exam in Perspective. He offers excellent advice from a legal perspective, which is entirely consistent with the suggestions I provide from a psychologist’s perspective.
    • Fully Developed Cue
      "Constructive Possession" is in Bell vs Derwinski.  I like to call it "Constructive Receipt".  I learned this term back in the 1980's.   Its an IRS term.  Example: YOu earn 35,000 in wages in 2014.  Your boss sends you a bonus check for 100,000 on Dec. 25, 2014, but you do not cash the check until Jan. 4, 2015.  How much did you earn in 2014?  You earned $135,000 because you "constructively received" the $100,000 bonus.  It matters not that you did not cash in until 2015, because you had that check in your hand.  You COULD have cashed it earlier, in theory, even if you got it after all banks were closed.   Besides, you got the money...that it was not in cash, but was in a check is irrelevant according to IRS.  You see, you accept your bosses paychecks "as if " they are cash, each week, because you are assuming his checks to be good.  So, you accepted the 100k bonus and it was constructively recieved.  This helps me understand Bell.   Bell says that VA has "constructive receipt" of those records, even if they were found years later to be sitting in a basement being gnawed on by rats and showed evidence of a flood damage in 1984.    Its not the Vets responsibility to say, "Gee, VA, you really had my records.  Some clerk erroneously archived them and moved them to a basement in 1983 where they were "lost" until the Inspector General found records there in a 2014 inspection"     How would the Veteran possibly know those records were erroneously stored in a basement by a lazy VA employee in 1983?    No.  VA had "constructive receipt" of those records, even if they had no clue where they were.    Its the VA's job of record management in their possession..not the Veterans.   The Veteran has no control over VA employees, but VA does..so they have to manage them.   Blaming the Veteran for records stored in a damp basement does not fly under Bell.  
    • Trentalange and Kelley P.A
      I couldn't determine from your web site if you handle FTCA. There were some large settlements listed at the site but they were stated as 'confidential' and not specified if they were settlements from VA due to successful FTCA cases filed by veterans or by their survivors.  

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Cavtrooper088

C File Vs Medical Records

11 posts in this topic

I requested my C file from VA about two weeks ago. So far no reply, but I assume that is typical VA. Will the C file contain comments from my medical records, or should I request them from the VA hospital where I am being handled? I'm real curious to see what has been said about my various exams.

Cavtrooper088

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Your C File should contain all the records the VARO needs to rate your claim. That would include your Service Medical Records. However, it seems that they rarely have you treatment records or the records they have are inadequate.

Review the C File carefully and be prepared to fix the mistakes.

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Thanks Pete. How long does it usually take for VA to send the C file?

Cav

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********* Berta - this triple posted so I edited 2 of them out - carlie **********

You can request your VA medical records too-which are separate from the actual C file.

It is almost imperative these days for a vet to have copies of their C file, their SMRs, and the entire clinical medical record.

The results of C & P exams can be requested separately from the Records Access Officer where the exams took place.

This can be done by mail but I think many VAMCs have a form for this type of request in their Records Access department.

I feel C & P exam results should be attached directly to any denial and SOC based on the C & P.

Many vets dont know these results can be accessed and- (I had personal experience on this) the actual exam can be different from the way the VA has manipulated it in the SOC.To a claimant's detriment.

If the VA denies due to a C & P- the C & P exam has to be knocked down line by line with medical evidence and common sense.

I knocked down many past C & Ps without an IMO years ago-on older claims - and the BVA gave 2 more recent C & P exams on a newer claim very little weight and awarded this claim in April.It isnt easy but it can be done.

There is nothing better these days however then getting a real doctor to prepare an IMO with a full medical rationale.Most IMO doctors these days probably outweigh any credentials a C & P doc will have anyhow- and the C & P might not even be done by a "doc" , it could be prepared by someone with less experience in the field of the disability then you yourself have.

Use common sense.

2 C & P docs could not determine when some glucose tests were done on my husband.

They both stated they could not tell if the tests were done at fasting state or early in AM compared to later in day after meals.

I rebutted with common sense and medical evidence.

The tests were recorded in Military time- Early AM-at the VAMC and neither C & P doc could apparently read military time (very concerning for 2 medical professionals who work for the VA)

and failed to understand the tests were early AM tests.

Also I made the point that my husband had been on a feeding tube for weeks while hopitalized with paralyzed throat and was also paralyzed from chest down (CVA) so he could not eat anything anyhow and sur could not leave the VAMC and get to McDonalds for any food by early AM that would raise his glucose levels.

These tests revealed critical evidence that the VA tried hard to ignore or minimize.

Evidence of his undiagnosed diabetes.

Rebuttals to faulty C & Ps should be as brief as possible but to the point.

Raise every bit of evidence they did not medical consider and refer to specific medical records to prove your point.

You need all the info that VA has -to combat negative C & P exams.

Claims are denied in my opinion for 2 main reasons-

an improper VCAA letter was sent out or

the C & P was deficient in ways that were deliberately detrimental to the claimant-

( OK 3 reasons

VA employees are not taking the time to read our evidence- or dont have the fundamental knowledge of VA 101 and the ability to assess it properly)

It is the C & P exam that they use to justify most denials.

Edited by carlie

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Thanks Pete. How long does it usually take for VA to send the C file?

Cav

Cav,

It totally depends on the office you are working with.

I truly have seen some VA claimants wait even a year

to recieve a copy of their c-file.

Hopefully this will not be the case for you.

jmho,

carlie

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i called my varo to request my c-file from my award a year ago just the other day. this was the first time i have ever done this. i was told by the va-person to prepare a letter requesting them via freedom of information act (foia). i did and mailed it to varo. is this pretty standard? i wasn't told to submit a form. was this because i was awarded and not denied?

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The letter acts as the form in my understanding. I requested mine and it took a while to come in.....Right at this moment I can't remember, but it was a few months.

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Hi Gang,

I haven't posted for a while, but still visit the site everyday.

FYI---It took 6-8 weeks for me to get my C file. First time I tried I wrote a letter which prompted VA to send me a form which I had to fill out to request the C file. After I did that it took about a month. I was amazed at all the information that was in the file. They actually had information that I had been unsuccessfully trying to dig up for the past year.

Good luck in your pursuit. God bless our troops.

Cav

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If you have vocational rehabilitation records they won't be in your C-File. You get those records for Voc Rehab. If the VA Voc Rehab has turned you down for rehabilitation that could be important for IU or 100% purpose. My C-File goes back 38 years and included my first rating decision. It also included evidence the VA did not use in my rating. When I got that I decided to file a CUE.

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out_here04,

Use this form for requesting records from the VARO such as your C-file or making a statement, NOD, etc.

As John mentioned, for Voc rehab you will need to request those records through VOC-Rehab at the VARO & your VAMC may have a deferent set of records if the voc rehab there helped you.

21-4138 Statement in Support of Claim (Fillable)

http://www.va.gov/vaforms/form_detail.asp?FormNo=21-4138

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Hi Gang,

I haven't posted for a while, but still visit the site everyday.

FYI---It took 6-8 weeks for me to get my C file. First time I tried I wrote a letter which prompted VA to send me a form which I had to fill out to request the C file. After I did that it took about a month. I was amazed at all the information that was in the file. They actually had information that I had been unsuccessfully trying to dig up for the past year.

Good luck in your pursuit. God bless our troops.

Cav

This is an example of why we stress to get copies of the file.

You will find a lot of interesting stuff in there.

I know one person who found out he had 2 inferred issues he is now SC'd for and never would have known it if he hadnt received a copy of the file.

J

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