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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    • Need some advice
      I'd likely see about voiding the NG enlistment. Can't have both. I'd think that you would not be deployable with the problems you mentioned.
    • C&P Examiner Pushed Me...FORCED
      I want to know if any of you have been forced for movement in your c&p exams by an examiner? I was. In fact, at my exam the examiner went through with me my MRI and showed me MS spots all over my lower spine and all sorts of other problems, I just had surgery for blown discs and paralysis... a several moths prior, it was hard for me to even drive to the exam not being able to hardly feel my feet and I had severe arthritis since it was winter (nerve roots all clumped together), I got around with a cane. So, the examiner had me do the motions and pushed me down, and at the sides, etc... it hurt (she literally threw her hand and pushed me and caused nerve damage, my back was extremely swollen from arthritis), I had no idea what she was doing and because of my problems I had some incontinence which was embarrassing. I had developed this from exposures to certain things in OEF (spots on spine). I was so mad, how bad the VA was screwing me any way they could and hell I just got back from war a year prior and this is how I was treated for sacrifice to the country. I left in tears and dirty drawers. I had no idea what to do, the VA hospital refused me c&p records from this and the VA only used it against me and then ignored as the exam didn't exist and the service reps with DAV, American Legion, all didn't give a damn and since I was a very young guy-they didn't care either; being first wave of guys back from war it was sparse to see young vets since not being in war for a long time-I am sure-but they didn't give a damn-USELESS SERVICE ORGANIZATIONS. I tried to fight back, I got nowhere, the VA was against me, in a demonic way. THIS WAS A VERY, VERY, VERY BAD EXPERIENCE I WANTED TO SHARE WITH YOU.  I realized the examiner was puppet for money, the VA and some demonic people within the VA wanted to screw me and that VSO's are worthless and YOU are all on your own. By the way, why is it if you have pieces of your spine removed it isn't considered like a loss of a body part is, losing a leg or an arm is paid out SMC, but if your missing parts of your spine how in the world is that now considered a loss of a body part and not entitled to SMC? It would be like saying, oh you use a prosthetic leg, so you leg is fine, no loss. Hence, segments of spine removed and replaced, fused, etc. I wonder why this topic hasn't caused more fuss in the VA community as range of motion is a joke, and that just all that is used to rate. 
    • Need some advice
      Hello to my fellow Brothers and Sisters this is my first post, I've been a long time lurker. I am a recently discharged OEF Vet. I joined the National Guard prior to my ETS. I really only joined for the healthcare to help out my family members. I knew my mind and body was breaking down too much to carry on doing active duty Infantry and I wasn't allowed to re-class. The Guard offered me one so I decided to re-class in the Guard to a HR MOS. I didn't receive a bonus and haven't gone to my AIT for the re-class yet. I've only participated in one Drill weekend. I recently received my award letter for 100% SC P&T. I don't know what to do now about staying in the Guard? Will I be penalized by the VA? Will it change my rating? Will the Guard just MEB me? Any advice is appreciated.
    • Proof C&P Exams are often frauds
      We'll, I have been lucky so far, but we will see.  I have a C&P coming up for my secondary for heart disease from HBP.  I am scheduled for a echocardiogram. Just went throught all the tests with my cardialogist., to enclude an echocardiogram, and those records went in with my claim. I will compare the two. Maybe my C&P doc (or RN) will be a podiatrist.  You never know.. Hamslice      
    • Should I file a claim now or wait?
      Thanks everybody, I think I will go ahead and push that go button!  The main reason is I want to establish the effective date soon as possible. 
    • Proof C&P Exams are often frauds
      Well, yes, remember who pays for your C and P exam.  Still, regulations provide that if you have a balance where 2 docs differ on opinion, the VA CAN choose one over the other, but has to give a reasons and bases as to why.   For example, one doctor can do a more thorough exam.  Or, one doctor can be preferred if he states he read your records, while another doc does not say this.   If you have been denied, the VA is required to give you the benefit of the doubt if the claim is "in equipose", that is, there is a balance between positive and negative evidence.   When you appeal, you can certainly argue that your private doc did a more thorough exam.   HOwever, your private doc may/may not made an applicable nexus statement.  YOu need to check your records to see if the nexus is there.  
    • Reopened Claim & sent my Medical Records as evidence.
      No real update other than they've been treating my back/migraines with medication. They're setting up an eye exam to see if that has anything to do with the migraines. The doctor they sent me to examined me and was amazed at how bad my physical condition was and the VA not taking any responsibility by not service connecting any of my conditions. (They told me that on an MRI I had in 2000 that I had herniated/bulged discs) I'm still waiting on some kind of update, but it's still in 'gathering evidence' stage. They have my service records now as well as chiropractic records and the records from this recent trip to the doctor. Wondering if I'll get another C&P exam scheduled as I can't find anything in my eBenefits records history about the first one I had and the medical building I had it done at has been out of business for several years. They did send an email saying they should have a decision on my claim by April 2017??? Wow...That's weird they would even set that deadline so far out...so I really don't know what to do but wait...
    • DRO hearing
      Berta please read and tell me what you think. John D is on this for me as I type this.   "With respect to the issues pending before the VA which are, service connected bowel, bladder and PT (Permanent and Total) status, please consider;   1st with respect to the issue of PT. I have provided for the VA, very probative evidence not only from Dr. Craig Bash, but also the SSA that clearly shows that I should be PT. VA has yet to consider this evidence and I wish to go on record, that if the VA would rate me PT, I would drop ALL pending issues for service connected disability. This seems the easiest way for everyone and will save myself and the VA time and effort.   2nd, if the VA denies PT or refuses to allow issue 1 noted above to take place, then consider the following; I understand through my POA, that the DRO is mandating a C&P exam for the bowel/bladder. Apparently to reconcile Dr. Bash's IMO and other medical evidence in my favor, against a refuting record from 2012-2013. This constitutes a CUE in my opinion as the VA is obligated to not only apply the doctrine of reasonable doubt under CFR 3.102, but also apply VA's CFR mandate of relative equipoise in my favor. The evidence of record is clearly in my favor and Dr. Bash's opinion is at least as probative if not more than any other refuting opinion. I feel as if the VA is "doctor shopping" to secure a opinion against me, when the evidence is already clearly in my favor.    In short, I will not be attending any additional CP exam for bowel/bladder and I encourage the VA to rate me PT of which I will drop all remaining claims. By doing this, we can save everyone the time and effort to further develop and adjudicate pending issues. This would also allow the VA to more timely assist other veterans by clearing my issues off of the board."
    • Proof C&P Exams are often frauds
      Wow, I go to my C&P Thursday.. Sorry to hear that man.
    • Increase Upgrade rather then DRO or Re open
      A claim for increased disability in a compensation claim that was previously denied because all service-connected (SC) disabilities were considered noncompensable is a “claim for increase.”   I received on Dec 30 2015 eed of 8/2015  I received a non  compensable rating of migraines the CNP and the DBQ  stated I was prostrate weekly so in 3/20/2016 I filed for an upgrade within the year I also submitted new evidence a DBQ by a VA doctor in my favor as well as pointed at the past evidence in the DBQ done during the CNP of the orig claim,    now I was told I Cant file for an upgrade unless a year has passed is that true even though I have new evidence? Also will the VA see that if I cant and change it to an UPgrade ?

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mags1023

Wwii Vet Needs Help

8 posts in this topic

I am now working on my Father-in-laws claim for pension and have zero experience at this part of the VA system. He is 87 years old and was in over 90 days during the war 1945-47 (actually in country at Germany). His only income is social security and his wife's social security. They have no property, house or much savings (about $15,000). He is treated by the VA, but has to pay the co-pay. He has been disabled for many years, because he has back/spine issues (fusions) and diabetes. He was forced to retire on social security at around 50. He is not receiving any VA compensation. I talked with him at length about his WWII service and that is where he originally injured his back, but he never went to the military doctors. You know how it goes, he just sucked it up and lived through the pain. So, I am sure I can't get him any compensation for his injuries, but I am hoping to get him qualified for a pension. His doctor has ordered a nurse to come in a couple of times a week. Would this qualify him for A&A. I am sure I can get his doctor to produce a letter for him explaining his conditions. Also, he has been receiving Plavix from the VA for a year and making his co-pay. His cardiologist wants him to stay on Plavix, but VA says they feel it is only effective for a 12 month period, so they will no longer provide him with it. He had to pay $164 for his prescription this month.

Any assistance you can offer is appreciated. I am reading as much as I can on this, so I don't ask any dumb or repeat questions. Thanks!

Edited by mags1023

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I don't know about how to help him with his VA issues (over my head)....but for his prescription...might try going to the maker of drug's website as some of them offer financial help or free meds for folks who cannot afford their meds. It's worth a try.

Best of luck...tell him thanks for his service.

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A VA "pension" is limited by income and could amount to no change at all in his financial situation.

If you mean compensation-has he formally filed a 21-526?

Do you have his SMRs?

There could be a nexus to something he is disabled by now-

Does he have Medicare?They offer Medicare ,which is deducted from SSA checks after 2 years of being on SSA disability.

What did SSA award disability payments for when he was 50 years old?

In 2001 the VA dropped a required P & T rating for pensions purposes in any vet over 65 years of age.

Still I believe he might not be qualified for a VA pension based on the income you told us about here.

VA will make the determination based on the 21-526 as this form is not only for comp but also for pension consideration.

I wonder if SSA might have some of his old medical records since their decision was made quite some time ago.

He needs a medical nexus to his service,with documentation to prove this and also he might need proof of chronicity.

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I am now working on my Father-in-laws claim for pension and have zero experience at this part of the VA system. He is 87 years old and was in over 90 days during the war 1945-47 (actually in country at Germany). His only income is social security and his wife's social security. They have no property, house or much savings (about $15,000). He is treated by the VA, but has to pay the co-pay. He has been disabled for many years, because he has back/spine issues (fusions) and diabetes. He was forced to retire on social security at around 50. He is not receiving any VA compensation. I talked with him at length about his WWII service and that is where he originally injured his back, but he never went to the military doctors. You know how it goes, he just sucked it up and lived through the pain. So, I am sure I can't get him any compensation for his injuries, but I am hoping to get him qualified for a pension. His doctor has ordered a nurse to come in a couple of times a week. Would this qualify him for A&A. I am sure I can get his doctor to produce a letter for him explaining his conditions. Also, he has been receiving Plavix from the VA for a year and making his co-pay. His cardiologist wants him to stay on Plavix, but VA says they feel it is only effective for a 12 month period, so they will no longer provide him with it. He had to pay $164 for his prescription this month.

Any assistance you can offer is appreciated. I am reading as much as I can on this, so I don't ask any dumb or repeat questions. Thanks!

Has he ever filed for SC disability for his in-service back injury? Is he sure he was never treated by a medic or go to sick call, back in WWII for the back injury? Was it noted in a daily company report? He (you) can send off for his military records and see if by chance any thing is noted. However a fire at the records center in St. Louie, back in the 1970's burned some WWII vets records. I would file a claim for SC, ASAP with a "Statement in support of Claim" by your father-law, and then start searching back in the archives. At his age the award letter could come posthumously. Best wishes to you and your family.

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Thanks Purple, Berta and Commander Bob:

I am positive he never filed for comp with VA. He is stubborn and proud, but now that the VA is refusing to cover his Plavix, I think I have him convinced to file for the pension. I believe he would qualify for A&A which, if I am reading everythin right, would put his income max at $23,396 under the improved disability pension rates table on the VA web site. I think once we deduct all of his and her qualified medical expenses, their income would be significantly below the $23,396.

Berta, yes he and she use their medicare and I believe that is deducted from their SSA. Not sure if they have his SSA award info any longer, but that is a good idea ( I believe it was his back that he got SSDI for). I think it is a real long shot to get any info on his injury during his WWII service. The chronicity would not be a problem as he has hade several surgeries over the years. It just irks me that he didn't do anything about it and just lived through the pain. He could have been receiving VA comp all of these years! I am sure they didn't encourage them to take advantage of the VA back then either, but like we all here on hadit now, you have to take care of yourself.

Like I said, he is one of those proud old guys who didn't want a hand out and would handle things on his own and felt that the VA would honor their end of the deal. Well now he is realizing who and what he is dealing with. That $160 bucks a month for just one prescription hurts! And as you can imagine, he is on all types of drugs. I think he is up to 17 pills a day and that doesn't include his insulin. I believe his co-pay is around $140 a month to VA.

Thanks again for your help. He really appreciates it. I will look into the many suggestions here and will eventually get him something for what he did for our country.

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I am now working on my Father-in-laws claim for pension and have zero experience at this part of the VA system. He is 87 years old and was in over 90 days during the war 1945-47 (actually in country at Germany). His only income is social security and his wife's social security. They have no property, house or much savings (about $15,000). He is treated by the VA, but has to pay the co-pay. He has been disabled for many years, because he has back/spine issues (fusions) and diabetes. He was forced to retire on social security at around 50. He is not receiving any VA compensation. I talked with him at length about his WWII service and that is where he originally injured his back, but he never went to the military doctors. You know how it goes, he just sucked it up and lived through the pain. So, I am sure I can't get him any compensation for his injuries, but I am hoping to get him qualified for a pension. His doctor has ordered a nurse to come in a couple of times a week. Would this qualify him for A&A. I am sure I can get his doctor to produce a letter for him explaining his conditions. Also, he has been receiving Plavix from the VA for a year and making his co-pay. His cardiologist wants him to stay on Plavix, but VA says they feel it is only effective for a 12 month period, so they will no longer provide him with it. He had to pay $164 for his prescription this month.

Any assistance you can offer is appreciated. I am reading as much as I can on this, so I don't ask any dumb or repeat questions. Thanks!

Have your father's cardiologist address this to the doctor at the VA. (Doctor to doctor) Plavix can be prescribed as life time therapy. Appeal the decision not to provide the medication as it is causing a hardship. Also ask his cardiologist for samples while the procoss is taking place.

Your father meets all the criteria for pension at the time with the exception of income (to be determined). You did not state how much his and your mother's social security amount to. There are income adjustment made for medical expenses. He will have to receive a rating for A&A.

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V.A. does have a benefit called non service connected disability pension for veteran's who are totally disabled from a nonservice connected condition. That benefit does have income limits and income is reduced by medical bills. They also have another benefit called combat pension and I don't know if that program has income limits. I seem to remember that veteran's with a purple heart are eligible for medical treatment through V.A. Does your dad have his DD214 discharge papers or are they recorded at any county courthouse recorder's office? This is an important question because a lot of veteran's had their service records burn at the National Personnel Records Center. What about enrolling him in Medicare Part D prescription benefits? Have you checked on this with Medicare so he will have reduced drug costs?

Edited by deltaj

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§3.3 Pension.

(a) Pension for veterans.

(1) Service pension; Spanish-American War. A benefit payable monthly by the Department of Veterans Affairs because of service in the Spanish-American War. Basic entitlement exists if a veteran:

(i) Had 70 (or 90) days or more active service during the Spanish-American War; or

(ii) Was discharged or released from such service for a disability adjudged service connected without benefit of presumptive provisions of law, or at the time of discharge had such a service-connected disability, shown by official service records, which in medical judgment would have justified a discharge for disability. (Authority: 38 U.S.C. 1512)

(2) Section 306 pension. A benefit payable monthly by the Department of Veterans Affairs because of nonservice-connected disability or age. Basic entitlement exists if a veteran:

(i) Served 90 days or more in either the Mexican border period, World War I, World War II, the Korean conflict, or the Vietnam era, or served an aggregate of 90 days or more in separate periods of service during the same or during different war periods, including service during the Spanish-American War (Pub. L. 87-101, 75 Stat. 218; Pub. L. 90-77, 81 Stat. 178; Pub. L. 92-198, 85 Stat. 663); or

(ii) Served continuously for a period of 90 consecutive days or more and such period ended during the Mexican border period or World War I, or began or ended during World War II, the Korean conflict or the Vietnam era (Pub. L. 87-101, 75 Stat. 218; Pub. L. 88-664, 78 Stat. 1094; Pub. L. 90-77, 81 Stat. 178; Pub. L. 91-588, 84 Stat. 1580; Pub. L. 92-198, 85 Stat. 663; Pub. L. 94-169, 89 Stat. 1013; Pub. L. 95-204, 91 Stat. 1455); or

(iii) Was discharged or released from such wartime service, before having served 90 days, for a disability adjudged service connected without the benefit of presumptive provisions of law, or at the time of discharge had such a service-connected disability, shown by official service records, which in medical judgment would have justified a discharge for disability; and

(iv) Is permanently and totally disabled (a) from nonservice-connected disability not due to the veteran’s own willful misconduct or vicious habits, or (:D by reason of having attained the age of 65 years or by reason of having become unemployable after age 65; and

(v) (a) Is in receipt of section 306 pension; or

(:D Has an application for pension pending on December 31, 1978, or

© meets the age or disability requirements for such pension on December 31, 1978, and files a claim within 1 year of that date and also within 1 year after meeting the age or disability requirements.

(vi) Meets the income and net worth requirements of 38 U.S.C. 1521 and 1522 as in effect on December 31, 1978, and all other provisions of title 38, United States Code, in effect on December 31, 1978, applicable to section 306 pension.

Note: The pension provisions of Title 38 United States Code, as in effect on December 31, 1978, are available in any VA regional office.

(3) Improved pension; Pub. L. 95-588 (92 Stat. 2497). A benefit payable by the Department of Veterans Affairs to veterans of a period or periods of war because of nonservice-connected disability or age. The qualifying periods of war for this benefit are the Mexican border period, World War I, World War II, the Korean conflict, the Vietnam era and the Persian Gulf War. Payments are made monthly unless the amount of the annual benefit is less than 4 percent of the maximum annual rate payable to a veteran under 38 U.S.C. 1521(:D, in which case payments may be made less frequently than monthly. Basic entitlement exists if a veteran:

(i) Served in the active military naval or air service for 90 days or more during a period of war (38 U.S.C. 1521(j)); or

(ii) Served in the active military, naval or air service during a period of war and was discharged or released from such service for a disability adjudged service-connected without presumptive provisions of law, or at time of discharge had such a service-connected disability, shown by official service records, which in medical judgment would have justified a discharge for disability (38 U.S.C. 1521(j)); or

(iii) Served in the active military naval or air service for a period of 90 consecutive days or more and such period began or ended during a period of war (38 U.S.C. 1521(j)); or

(iv) Served in the active military, naval or air service for an aggregate of 90 days or more in two or more separate periods of service during more than one period of war (38 U.S.C. 1521(j)); and

(v) Meets the net worth requirements under §3.274 and does not have an annual income in excess of the applicable maximum annual pension rate specified in §3.23; and

(vi) (A) Is age 65 or older; or

(:D Is permanently and totally disabled from nonservice-connected disability not due to the veteran’s own willful misconduct. For purposes of this paragraph, a veteran is considered permanently and totally disabled if the veteran is any of the following:

(1) A patient in a nursing home for long-term care because of disability; or

(2) Disabled, as determined by the Commissioner of Social Security for purposes of any benefits administered by the Commissioner; or

(3) Unemployable as a result of disability reasonably certain to continue throughout the life of the person; or

(4) Suffering from:

(i) Any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the person; or

(ii) Any disease or disorder determined by VA to be of such a nature or extent as to justify a determination that persons suffering from that disease or disorder are permanently and totally disabled. (Authority: 38 U.S.C. 1502(a), 1513, 1521, 1522)

The only pension that you can apply for now is improved pension.

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