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How to Get your VA C-File


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    • Sleep Apnea Claim
      There is nothing between 50 and 100%.  You can get: Persistent day-time hypersomnolence ................................... 30   Travis  
    • Footnote One Nehmer (A0)
      38 CFR 3.307 (a)(2) is thrown out the window. They treated me for malaria, but just like described in all medical journals, when a victim is already infected, they "will have a reaction to chloroquine". The VA is denying every reason for me being hospitalized for a month. i told them before I was even admitted as an inpatient that I was eaten alive by misquotes because I had no net the first night or two in the Delta. A month for a chloroquine reaction? Really? Who would believe that? An entire month? A few hours, even a day, but a month? No what! sorry Berta, but it is still just a cover up, hiding the facts, and denying a large retro pay. That is all it has ever been.  Whem my claim was denied, they said Agent Orange "DID NO DAMAGE", and there was "THERE IS NO CAUSAL RELATIONSHIP YET ESTABLISHED///stop there. "Yet established". My claim was denied because they knew in 1968 that the diseases in the Delta were rampant, to the point it was affecting military operations. So, in my denial they did not list a single presumptive condition that is now law. Not one. Nothing was coded.  Time to lawyer up it seems. The VA is wrong, and every last cent I have will be spent proving it, it looks like. Time for the media!
    • Question about NOD wait time after applying.
      II will add this  if your homeless and have or show good reason you need your claim adjudicated  for hardship  they are suppose to speed up/ Expedite   your claim within 30 days.  other than that  they will take there time... The process of changing over to the digitized world is what is slowing down all the claims now...hopefully next year the change over will be done.
    • Question about NOD wait time after applying.
      Wayne Usually after you send in your NOD Request  DRO Hearing  it depends on how many  hearings is ahead of you?...I was let known about my Hearing in 2 months  when an where and time it would be after I sent in my NOD requesting the DRO Hearing.  but it just depends on how busy they are...my last claim  Waco RO sent my claim to Salt Lake City to have a decision made...this was last Jan/Feb 2016 The only explanation I can give  is the rater that read what your C&P examiner wrote down  ''skip your evidence'' he must not have read it?, ...what was their reason for denying your claim the first time? Anyway this is why we Have the DRO Hearings  its better to get your claim decided at the RO Level than wait in line at the BVA.  So the DRO can sort through all this and read your evidence you have now & Listen to you. and its your chance to tell him what you had at your C&P Exam ''clear evidence was right in front of him/her'' why was I denied?? you mention/ show a DRO that and I'll guarantee you will walk out of there knowing that your going to win your claim or increase or what ever....evidence is the whole key to winning your claim. Usually if a DRO Says I'll let ya know in 60 days  after your hearing this is not a good sign  because there unsure of a decision...and it could take a year or two or three. if you don't hear from them in 60 days after your hearing  I'd bug the hell out of them. until I got results.  you can say you did your part now do your part and make a decision on my claim  so that other veterans can get there claims adjudicated as well. Thank you Sir. Its just that some raters & C&P Examiners choose not to read it. I ask a DRO at my hearing one time after the Hearing was over  I ask him why in the hell didn't the C&P Doc read all my evidence?  and by him not reading it obviously I was denied...I ask him what will happen to that examiner? will he get fired? he said probably not...I said well what about all the lies he stated at my exam  will those documents go into my C-FILE ? HE SAID UNFORTUNATELY Yes they will but will never be used against you in any claim you file as this has been adjudicated  once adjudicated they can't go back.
    • Question about NOD wait time after applying.
      Navy 4 Life.......I requested a DRO Hearing.......I read a lot of opinions on here saying DRO Hearing is the way to go so you can challenge the evidence eyeball to eyeball in person.  My question is if my EVIDENCE submitted to DRO is clearly evident that a disability increase has exceeded the criteria for an increase why would I even need to wait all that time on Waco backlog (12-24 mos) for a Hearing date when clear cut evidence sits right there in front of him/her right now?????  This is the question I am still trying to understand / seek out if clear evidence makes any difference time-wise on an NOD to be granted an increase, and thus a Hearing would no longer be necessary (I assume) unless they simply wish to be blind to the evidence and facts to play out the string until a Hearing is set Thanks Wayne. 
    • Is this a cue?
      Ok i'm 100% now as of septermber 2015 but i was wondering my original claim I won sleep apnea and lost depression and anxiety. I filed an apeal for anxiety and depression and also filed a new claim depression anxiety secondary to sleap apnea. well 9 months went by and then they just closed my claim i called they said i had an appeal in for the same thing. I canceled my appeal refiled sleap apnea and depression secondary to sleap apnea and won. I took a break because all this has taken a toll on. me and i had been a 4 year battle because claims use to take 2 years. I think i should of won my original claim, is there anything I can do about this. thanks for all the advice
    • Question about NOD wait time after applying.
      Right now I think the hold up is them getting all documents digitized. The VA was suppose to get the wait time down to 125 days at the end of 2015..they missed that goal and now it looks like at the end of 2016. VBMS is a web-based, electronic claims processing solution complemented by improved business processes. It will assist in eliminating the existing claims backlog and serve as the technology platform for quicker, more accurate claims processing.  .........Buck
    • Question about NOD wait time after applying.
      I filed my NOD November 2014 and I inquired through IRIS and Under Secretary for Benefits in January 2016.  I got a hearing February 2016 with WACO.  I had the DRO hearing and I think it went well BUT now I am awaiting the decision for over 3 months. WACO is about 12-24 months for a DRO hearing. Did you request a DRO hearing in your NOD?
    • PTSD-MST Treatment(s)
      Yes - please utilize the above link- I had to write the statement for the Parole Board to assist in denying the parole for this inmate.  I made a lot of mistakes with my claim but self education has been essential and being proactive. God Bless.

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sandboxsquid

Ptsd Increase

18 posts in this topic

I'm currently at 30% for PTSD, and I'm ready to file for an increase. Nightmares have gotten worse, insomnia is the norm, intrusive thoughts throughout the day, bouncing from job to job, realtionship with the wife is getting rockier by the day, etc. (you get the picture) My question is will another C&P exam need to be performed? I am currently receiving counseling from a VA social worker twice monthly and have a VA shrink dispensing the meds, so my file would be an open book for them to review. Any info you can give me would be greatly appreciated.

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Yes they will probably do another C&P exam if they intend to increase it. No C&P usually means no increase.

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Yes they will probably do another C&P exam if they intend to increase it. No C&P usually means no increase.

what about if the request for increase is within 30 days of your rating?

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If you are serious about an increase you should get an independent medical opinion that should state that your PTSD has gotten worse. The IMO needs access to your VA medical records. He does not need your SMR's since you have already been SC'ed for PTSD. What you want to show is that your PTSD symptoms have gotten worse and that you are more disabled than you were when you got 30% rating. You should get a copy of the VA PTSD Exam format, and what the differences between a 30%, 50% and 70-100% ratings are for the VA. Your VA doctor is not interested in helping you get more compensation. He just treats you. You have to connect the dots to show you have gotten worse. If you depend just on the VA you may be at 30% for many years to come.

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You dont necessary have to have a C&P to get a increase for PTSD.If you got a IMO and a VA pyschiartist write a letter that your ptsd syptoms have worsen and you are being treated you can get a increase.ITs all about evidence that you get from a medical professional.

mobie

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what about if the request for increase is within 30 days of your rating?

If you have medical evidence, then ask for a reconsideration.

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That's different cause you already had a C&P

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sandboxsquid - I don't recall your award date but why would you request an increase over a appeal(NOD) of the original award?? They'll probably do another C&P, if it's been a yr or more since the previous exam. You should read the ratings criteria to see what level of award you meet. Remember you need not meet all the criteria at a particular percentage to receive that award.

pr

I'm currently at 30% for PTSD, and I'm ready to file for an increase. Nightmares have gotten worse, insomnia is the norm, intrusive thoughts throughout the day, bouncing from job to job, realtionship with the wife is getting rockier by the day, etc. (you get the picture) My question is will another C&P exam need to be performed? I am currently receiving counseling from a VA social worker twice monthly and have a VA shrink dispensing the meds, so my file would be an open book for them to review. Any info you can give me would be greatly appreciated.

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I'm currently at 30% for PTSD, and I'm ready to file for an increase. Nightmares have gotten worse, insomnia is the norm, intrusive thoughts throughout the day, bouncing from job to job, realtionship with the wife is getting rockier by the day, etc. (you get the picture) My question is will another C&P exam need to be performed? I am currently receiving counseling from a VA social worker twice monthly and have a VA shrink dispensing the meds, so my file would be an open book for them to review. Any info you can give me would be greatly appreciated.

I got an increase from 30% to 50% (the 30% was major depressive disorder, the 50% was depression plus PTSD) without a C&P. I was overwhelmed with worsening symptoms, and when suicidal thoughts entered the picture I got my (behind) over to my local VAMC for obvious reasons. Increase was the last thing on my mind; I needed help.

They took my concerns seriously and saw me immediately (yes, and had me under constant observation too). I was seen by a psychologist (who diagnosed PTSD based on my previous C&P plus new symptoms) and a psychiatrist who concurred. The psychiatrist point blank said to file for an increase and prescribed me three additional medications. He also noted some marks under my eyes, told me they were xanthomata (indicators of high cholesterol) and ordered bloodwork on me.

The stressor was already a matter of record (medal, SMR and VA medical records). I did the online claim the next day, and they upgraded me 10 weeks later.

Short version: No C&P and I still got an upgrade per evidence of record. Your mileage may vary.

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It has been over a year since my award, and I went through my C&P originally back in early 2008. My stressors, medals, and all things connected are already a matter of record as well, so I think I'm just going to fillout the online claim as well. If I have to go through another C&P exam, so be it.

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The online claim thing is for new claims I believe. For an increase all you have to do is write a letter to your VARO and tell them you request a higher rating because your disability has gotten worse. You need evidence to show it has gotten worse, but you don't have to reinvent the wheel.

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I just remembered, if you are requesting an increase, the VA is required to give you a C&P. Also, there used to be CAVC case law that may help you get around the one yr NOD thing. It had to do w/something like the assumption that the claimant was seeking the highest rating possible and if it wasn't awarded it was automatically considered appealed, or something like that. Someone else may be able to quote the case.

pr

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No matter how you have to ask or nothing will happen.

Good Luck

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You have to ask for it. However, I think if you are entitled to a benefit the VA is supposed to consider a grant even if you don't ask for it because it is inferred by the reg that Phil parphrased. In reality you have to ask or 99% of the time you don't get, but this might be the basis of an appeal. For instance, if you can't work due to an SC condition the VA is supposed to consider IU even if you don't ask for it.

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My husband got 10 % ptsd the first time, but it was obvious to me and his family that his problem was higher... he is getting counseling at the Veterans Center and seing a phsyc. at VA hospital, both agree his ptsd is around 40 to 50 %.... He filed for an increase, he sent the opinion from both profesionals plus the list of medicines prescribed by the phsyc as new evidence, and he still got the letter for his C & P exam...

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I was rated at 30% the first time around in September 08. In April I got into some trouble at work and they suspended me. I got re-evaluated in June 09 for 70%. I just lost my job in October 09 because of my PTSD and I put in a request for IU and I'm waiting for that. I feel my symptoms are worse now than they were in June 09 and I'm hoping that I get another C&P.

For the 30%-70% jump I submited a new claim and stated that my symptoms were getting worse. They scheduled another C&P. I had the same person examining me the second time around as I did the first time. The person even remembered me! I'm sure that helped. The biggest thing that I think helped to secure my jump was the fact that I actually had lost a significant ammount of time at work because of my PTSD. And, well, the suicide and violent thoughts helped too.

Best of luck!

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Squid

The way these ratings for mental health issues usually go is 10-30% first claim. You appeal with more evidence and maybe they bump you up to 50%. If you are not working due to PTSD then the VA bumps you up to 70-100%. This usually takes a few years unless you are totally incapacitated by the PTSD. If you are working it is hard to get more than 50%, but that sets the table for a higher rating. Getting a decent rating from the VA is a job. You have to work at it. It sounds like you are working at it. Keep going to the VA and complain your head off about your symptoms.

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This is interesting.... my husband is 10% ptsd. He filed for an increase, the VA already took a look at his medical records, his psychiatric told him, his C&P is on feb 2010... My husband works for the va hospital, he has been transfered to differents shifts and sections because He doesn't get along with his coworkers and superiors ( same with 14 jobs He has held since 2001 ).... last march He was forced to step down his work leader position to a regular housekeeping worker, He took it because He was afraid they will denie unemployment. He didn't submit this letter with the increase petition... since his claims (fibromylagia, apnea, tinnitus, low back, Gulf War Syndrome, sinnus ) already are in the post determination team He was told not so send the letter unless He is denied an increase.... any imput will be greatly appreciate it.....

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