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    • After a Denial and the veteran Appeals NOD ...Did you request a DRO Hearing/Review/ or any other Review to help get a favorable decision?  if not then that's probably why its going to the BVA.  Can you post your denial on here the reasons and bases part? Yes they sure can reduce  you based off the Original C&P, They should send you a SOC( statement of the case) or supplemental SOC ? did they?  if you don't have a Docket # yet  you maybe in for years years wait. You should go seek a private specialist for IMO to have as new & material evidence to rebut your Original C&P Examiner, be sure you find a Dr with the correct credentials (specialist in the field of medicine your claiming) If you never recieved anything back from the VA After you were DENIED & you sent in your NOD Within a year then the VA has committed a CUE  (Clear and Unmistakable Error.) This is just my thinking  seems to me they violated your( DUE PROCESS)  under the Cushman Preposition. seems your a constitutional right has been broken. other elder members I hope will chime in here! ...................Buck
    • I'm kind of confused and concerned about this one...

      I submitted my VA Disability claim for multiple items way back in 2011.  I got a very bad CP exam doc who denied everything despite nearly 20 years of treatment by civilian docs for some of the issues.  In 2012 I appealed with a notice of disagreement. In the meantime a doctor at the VA was willing to help with the paperwork for the TBI and filled it out which sped up that portion - I ended up getting  10% for tinnitus, 40% for the TBI residuals (memory and concentration) and 30% for migraines/headaches. 

      What is still on the original appeal is my feet/ankles & knees from an injury as well as left hand from putting a screwdriver through it.  It's been sitting in the 1st stage appeal limbo basket for nearly 5 years. Fast forward to 2016 - suddenly I find out that my original disability claim has been sent to Washington DC to the Board of Veteran Appeals.  Wow - what a shocker as I was expecting at least another exam.

      They said it will go before a judge.  What concerns me is that it's my original claim, including the TBI issues.  Will everything be reviewed and is it possible to lose what I have?  I thought it should have been only for the items still in appeal.

      Is this whole " straight to the board of Veteran Appeals" right from the initial C/P disagreement a normal thing?   Thanks for any insight.  
    • Oh, okay. Either way, the VSO should be able to view the letter on Monday. Thanks.
    • Thanks I think from now I'm just going to try and forget it cause it's more stress then what I need right now.  And my VSO that started this left and the new one is clueless 
    • Did I write something that sounded harsh? If so, I didn't mean for anything to come across that way. I was just verifying the info seeing if you could figure out what it might be.





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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