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


  • Topics

  • Forum Statistics

    • Total Topics
      60,322
    • Total Posts
      389,642
  • Topics

  • Posts

    • New Va Pain Medication Policy
      I've responded on this thread in the past, and would like to update.  After 7 years of successful pain management; I took some advice from the message board and reached out to various "up the chain" types...and thought the Director of Pain Management at VA Palo Alto, CA had actually re authorized me back into Veteran's Choice program where I was being treated for my pain for 3 subsequent visits, was on the road for treatment for a procedure that VAHC had not even mentioned, (all of this after VA had "red flagged me as DRUG SEEKER")understand I have never deviated from requesting increase, missed appointments. Nothing.  Today, I get call from same Director of Pain Management, since I have not heard from Vet Choice about the reauthorization, that I was mistaken, he could offer me nothing but traveling the 40 miles to his clinic and of course that would be NO Opioids. I cannot travel the normal transportation route, and he assured me he had listed me, as Undue Travel Burden, but he would still not reauthorize. Have a nice Day! So, you tell me- how with all these qualifiers; and my Severe Pain that the Spine Specialist in my Community has agreed to treat Veterans, is only 3 miles from my home; has more compassion than those treating Veterans? Did I mention, that my Opioid meds has not changed in 7 years? Is anyone in Washington listening? Honorable Dr. DavidJ. Shulkin, your New Veteran's Choice guidelines don't mean anything to these people that have to care for us Veterans.  I was a Medical Officer for 9 years caring for thousands of brave Men and Women who served this Wonderful Country and I am appalled at the service and the way I am spoken to by the staff at the VAHC and told if you want Narcotics "Go Buy a Health Care Plan."  I say to them- without my Service to this Great Nation they would not have a job, and now they are talking to us like we are their BURDEN? If not for us, willing to Wear the Uniforms and guarantee their freedoms, they couldn't get a job except working at a County Teaching Hospital. 
    • Choice Program
      I've responded on this thread in the past, and would like to update.  After 7 years of successful pain management; I took some advice from the message board and reached out to various "up the chain" types...and thought the Director of Pain Management at VA Palo Alto, CA had actually re authorized me back into Veteran's Choice program where I was being treated for my pain for 3 subsequent visits, was on the road for treatment for a procedure that VAHC had not even mentioned, (all of this after VA had "red flagged me as DRUG SEEKER")understand I have never deviated from requesting increase, missed appointments. Nothing.  Today, I get call from same Director of Pain Management, since I have not heard from Vet Choice about the reauthorization, that I was mistaken, he could offer me nothing but traveling the 40 miles to his clinic and of course that would be NO Opioids. I cannot travel the normal transportation route, and he assured me he had listed me, as Undue Travel Burden, but he would still not reauthorize. Have a nice Day! So, you tell me- how with all these qualifiers; and my Severe Pain that the Spine Specialist in my Community has agreed to treat Veterans, is only 3 miles from my home; has more compassion than those treating Veterans? Did I mention, that my Opioid meds has not changed in 7 years? Is anyone in Washington listening? Honorable Dr. DavidJ. Shulkin, your New Veteran's Choice guidelines don't mean anything to these people that have to care for us Veterans.  I was a Medical Officer for 9 years caring for thousands of brave Men and Women who served this Wonderful Country and I am appalled at the service and the way I am spoken to by the staff at the VAHC and told if you want Narcotics "Go Buy a Health Care Plan."  I say to them- without my Service to this Great Nation they would not have a job, and now they are talking to us like we are their BURDEN? If not for us, willing to Wear the Uniforms and guarantee their freedoms, they couldn't get a job except working at a County Teaching Hospital. 
    • getting run-around by dental clinic
      In part, I agree, and in part do not! Turns out that the VA has a mantra about least cost when it comes to treating veterans. Private providers do have a profit goal to attain. It comes down to what the patient prefers, and what is the best for the patient. (Not the VA, provider, etc.)  
    • PTSD with questions
      I was actually thinking the sleep apenea and fibro secondary  to the back, I can't sleep but about 3 to 4  hours  a night my pain increases.  I know it is from being overweight  that once I hurt my back in the AF I was not able to exercise and the weight joined me so with the sleep apenea and fibro has made life almost miserable an then two months ago I was diagnosed with type 1 diabetes. Can the c-file be requested from ebenefits? Thank you for your quick response.  
    • PTSD with questions
      Rita, Welcome to hadit. You are at the right place.  There are NO dumb questions other than questions about how to succeed with a false/fraudulent claim. PTSD due to MST is covered by several knowledgeable veterans here.  They will chime in shortly. The evidence requirements are different than combat PTSD.  I don't believe they are any easier or harder, but they are different.  If you are suffering from PTSD resulting from events that occurred during your military service, file a claim for it.  I have never even heard of SA or fibro being secondary to PTSD. I am not certain if either could be an adequate stressor for PTSD.  Increased chronic pain from a SC condition can certainly be the basis for an increased rating. I did not claim PTSD until 40 years after I left active duty.  I was "boots on the ground" in Vietnam with combat awards, so my claim was really a walk in the park for me.  The 30% award did nothing to my monthly compensation, but I wanted all of my bases covered so that my wife will have no problems with DIC when I croak. C-File is your DVA claim folder.  It would be wise to request a copy right away because it takes a while for the VA to provide c-file copies.  Your military records may well contain evidence in the manner of behavioral changes after the event regardless of whether or not you reported it.
    • Aortic valve /ihd
      He also has an appeal in for increase in diabetes ,. He is on Lantus solar star pen and humalog quick pen.  Private dr filled out DBQ and wrote a prescription for restricted diet and activity.  Also filled for renal failure third stage secondary to diabetes.  Private nephrologist filled out DBQ with a diagnosis of diabetic renal failure type2. And diabetic nephrology.  Both were denied.  I don't think they read anything .  They said they did not feel his diabetes had progressed that much.  His aid 8.1.  They said renal failure was denied because he had no proteinuria in his urine sample.   And you had to have proteinuria in your urine to be renal failure.  I was reading online kidney foundation, that you do not always drop proteinuria.  And we were reading over the cp file again and it ask if the veteran had diabetes on it and they did not even check it. And on one spot on it it said his bun was 19 and said it was high.  Then on another spot it said bun was 19 and said it was normal.  It did have gfr at 40 and said low.  But it is like the gfr was just kind of over looked or ignored completely.  And that is the number one way, according to national kidney foundation,  to check if kidneys are dysfunctioning.  They said there was NO dysfunction of the kidneys.  Now on the DBQ from private dr says there is kidney dysfunction.    I picked up all his labs since he has had renal failure, and all the gfr are to low.  Some as low as 34.  Thanks everyone .  And Berta I'm so sorry you had to go thru all that stuff with the va..  And sorry for your loss.
    • Knee Condition
      Can the va refuse to increase my rating since my issue has worsened outside of the military? I am in a profession which requires carrying equipment and a vest. So without a doubt the weight has had an effect on my knee. I reported the injury to my work as well. Not sure if this can effect my claim. I'm thinking about revoking my claim through my employer. Since it is cared through from the VA. At the time I wasn't sure if it was related to my previous patellar injury. 
    • Aortic valve /ihd
      Berta he was seeing a private cardio.  And I kept asking him if he had ihd and he kept saying no.  And after the surgery I saw on his one piece of paper said cad, so I ask if it was the same, and he said yes.  You are right he did not get to 60 overnight.  But maybe his mets were lower because of the valve problem .  I know the surgeon told me and our daughter his heart was enlarged.    Now I think it was in 2009 he had lung embolism, and they could not say where the clot came from.  I'm suspecting it came from the heart.  He only goes to va for cp exams.  We have tricare and Medicare?  
    • PTSD with questions
      I have been going to mental health care at my local VA, I have been out of the service for 20 or more years and he recommended that I file for PTSD, based on what I have told him. I do not have anything in my medical records from active duty to confirm this nor witnesses since I did not report being raped. How in the world do I file for this? I am also service connected for my back and am seeking an increase due to excessive pain and wanting to include sleep apenea and fibro as secondary conditions would that go with my back or would I list as secondary to the PTSD. Dumb question but what exactly is a c-file is that my military health file?   Thank you all in advance for your help.
    • C&P Re-Exam - REPHRASED
      Your ok   Good news is coming

  • HadIt.com Veteran to Veteran providing FREE information and community to veterans since 1997.

    I am proud that I've been able to offer all that HadIt.com has for free for 19 years and continue to do so. HadIt.com does accept contributions to help with costs we also offer paid ad free subscriptions. None of the paid options are required. The forum, the website, news site and podcast are free and will remain so. If you choose to support the site with a contribution or a subscription it is appreciated but never required. If you choose to make a contribution or purchase an ad free subscription, you can do so here. 

alexx

Cavc Remand

15 posts in this topic

Just wondering if any one knows whats happens after CAVC remands my case?

What are the odds the VA will pay up?

Will it take another 5 years before i hear something back?

If someone could review my case and give me an idea what to expect next.

Share this post


Link to post
Share on other sites




Just wondering if any one knows whats happens after CAVC remands my case?

What are the odds the VA will pay up?

Will it take another 5 years before i hear something back?

If someone could review my case and give me an idea what to expect next.

Alexx,

Did they remand with instructions?

Mike

Share this post


Link to post
Share on other sites

It goes back to your VARO or sometimes the AMC if it came from there. Rermands are supposed to have some kind of priority.

Share this post


Link to post
Share on other sites
If someone could review my case and give me an idea what to expect next.

alexx,

You can post your case minus the personal info such as name, SSA number, etc...

and probably get some responses on it.

I am moving this topic to the Claims/Benefits Research Forum.

carlie

Share this post


Link to post
Share on other sites

I am echoing what Mike asked-is there anything they asked the VA to do that you could do yourself?

Often a CAVC remand can open the door for more evidence- a CAVC remand is far better then a final CAVC denial.

Odd thing about CAVC-I had a case there many years ago and immediately got phone calls and letters from lawyers.I asked one of them how he learned of my case. As soon as a case goes on the CAVC docket it becomes public info with name, address, etc of the claimant.

All cases are listed there at the CAVC web site with this information.

It would be great if we could read the case-you can cover or edit the personal info to scan and post here as Carlie suggested-or if we have your last name and/or the CAVC docket number we can read it off the CAVC web site.

The CAVC site has no C file or SSA numbers at all- just our name and address.I think if you advise the CAVC prior to their preparing the Docket that you want to remain anonymous, they will still post the case but maybe just under an initial or something.

Did you have legal representation at the CAVC?

I helped a lawyer with his first CAVC case.He got a remand for the vet and was thrilled with that.

The claim was not a good one at all and I found errors that the BVA made that caused the remand.Legal errors by the BVA that had to be resolved.

With the remand however- if the vet could send more evidence - then there was a slight possibility of success.This case was not remanded on merit but on error.

Still a remand at this level is not easy and I commend you for getting one from the CAVC.

Edited by Berta

Share this post


Link to post
Share on other sites

sorry it has taken so long to get back but this is my Case Number:09-636 at the cavc.

Any help would be greatfull.

A lil side note: I opened a new claim (same conditions) at the same time i appealed to the cavc. The RO did give me another 10% for the left ankle(not sure if that helps or hurts)

Share this post


Link to post
Share on other sites

The CAVC docket numbers usually have 4 digits after the hyphen-I could not find this case at the CAVC.

Share this post


Link to post
Share on other sites

my remand, any opinions

JOINT MOTION FOR VACATUR AND REMAND

Under U.S. Vet. App. Rule 27, Appellant, Deric Kulbiski, and Appellee, Eric K. Shinseki, Secretary of Veterans Affairs, through their undersigned representatives, respectfully move the Court to vacate and remand the February 3, 2009, decision of the Board of Veterans’ Appeals ("Board"), which denied entitlement to (1) a disability rating in excess of 20 percent for Appellant’s service-connected residuals, posterior process talus fracture, left heel, with left ankle flexor hallucis longus ("FHL") tendonitis, degenerative joint disease and mild instability, and (2) an initial rating in excess of 10 percent for service-connected left knee patella chondromalacia. See Record Before the Agency ("R.") at 3-16.

The parties agree that vacatur and remand is warranted for both claims because of problems with the Board’s stated reasons or bases for its determinations. For the purposes of this remand only, the parties accept the statement of facts in the Board decision, except as otherwise noted below.

- 2 -

BASES FOR REMAND

  1. A. Left Knee Evaluation
The parties agree that the Board failed to adequately explain in light of all favorable evidence of record whether a separate rating was warranted for instability of the left knee. See Daves v. Nicholson, 21 Vet. App. 46, 51 (2007) (noting that Board "cannot reject evidence favorable to the claimant without discussing that evidence"). In April of 2008, Appellant complained that his left leg "gave out". R. at 78. In May 2008, Appellant complained to his primary care physician that his left leg intermittently "gives out" and felt "odd" all the time. R. at 75. He stated that intermittently his leg felt like it was going to sleep. Id. A June 2008 physical examination revealed a medial meniscus tear with moderate laxity of the anterior cruciate ligament (ACL) in the left knee. R. at 30. The examiner ordered a left knee brace and estimated that three to four sessions would be necessary to "make sure his knees are stabilized." Id. At a September 2008 Board hearing, Appellant testified that his left leg would give out on him "at least twice a week." R. at 38.

In the decision on appeal, the Board found that there was no evidence of "instability of the knee," R. at 13, but did not discuss the evidence described above regarding Appellant’s lay statements regarding his complaints of apparently worsening of his condition following the March 2008 VA examination. The Board erred where it did not provide adequate reasons or bases for its denial

- 3 -

of an increased rating for the left knee disability where it did not discuss this favorable evidence. See Daves v. Nicholson, 21 Vet.App. at 51; see, e.g., Caluza v. Brown, 7 Vet. App. 498, 505 (1995) (noting that new examination may be required "where the record does not adequately reveal the current state of the claimant’s disability").

  1. B. Left Ankle and Foot Evaluation
The parties agree that the Board failed to adequately explain how it applied the rating schedule to reach a single award with a 20-percent evaluation for Appellant’s disabilities of the left leg, ankle, and foot. The Board is required to provide reasons or bases for its findings, on all material issues of fact and law presented by the record, adequate to enable the claimant to understand the basis of the Board’s decision and to allow for meaningful judicial review. See Gilbert v. Derwinski, 1 Vet. App. 49, 56-57 (1990).

The parties agree that the Board did not adequately explain how Diagnostic Code 5284, for "Foot injuries, other," see 38 C.F.R. § 4.71a, could be used to account for Appellant’s left leg and ankle dysfunction, and erred in failing to consider whether a separate rating could be assigned for his disability affecting the musculature of the left lower extremity. At a February 2006 VA examination, the examiner noted "tenderness throughout the posterior tibial musculature" which he appeared to relate to Appellant’s service-connected condition. R. at 215. The examiner opined, "the veteran has experienced calf muscle tendonitis ever since the 1991 surgery." R. at 217. However the Board

- 4 -

did not discuss whether Appellant’s symptoms warrant a separate rating under 38 C.F.R. § 4.73, DC 5311 ("The Foot and Leg," Muscle Group XI). Thus, vacatur and remand is warranted. On remand, Appellant is entitled to submit additional evidence and argument, Kutscherousky v. West, 12 Vet. App. 369, 372 (1999) (per curiam order), and VA is obligated to conduct a critical examination of the justification for its previous decision. Fletcher v. Derwinski, 1 Vet. App. 394, 397 (1991). The Board is further directed to obtain copies of the Court’s order, Appellant’s brief, and this motion to incorporate them into Appellant’s claims file for appropriate consideration in subsequent decisions on this claim. The parties request that the Court explicitly incorporate the terms of this motion into any resulting order, such that Appellant will have an enforceable right to compliance with those terms. See Breeden v. Principi, 17 Vet. App. 475, 479 (2004). WHEREFORE, the parties respectfully move the Court to set aside the Board decision of February 3, 2009, and to remand this claim for readjudication. Respectfully submitted, FOR APPELLANT: /s/ Glenn R. Bergmann GLENN R. BERGMANN March 16, 2010 /s/ Thomas Polseno Date THOMAS POLSENO

Bergmann & Moore LLC

7920 Norfolk Ave., Suite 700

Bethesda, MD 20814 (301) 290-3106

- 5 -

FOR APPELLEE: WILL A. GUNN General Counsel R. RANDALL CAMPBELL Assistant General Counsel /s/ David L. Quinn DAVID L. QUINN Deputy Assistant General Counsel March 16, 2010 /s/ Monique A. S. Allen Date MONIQUE A. S. ALLEN Appellate Attorney Office of the General Counsel (027G) U.S. Dept. of Veterans Affairs 810 Vermont Avenue, N.W. Washington, DC 20420 (202) 639-4787 / 4800

Share this post


Link to post
Share on other sites

I had 4 issues awarded joint remand at the CAVC in December 2009. My VARO recieved my case file 3 months ago. The VARO and American Legion can only tell me it's there. They think no one has opened it yet to see what they were ordered to do. I'm so sick of this crap. These 4 issues are from a 2000 appeal............I hope you have better luck.

Share this post


Link to post
Share on other sites

This really sucks!! 2000, who else in government would wait 10+ years for justice?

See you are 100% rated, are you looking for SM's?

I had 4 issues awarded joint remand at the CAVC in December 2009. My VARO recieved my case file 3 months ago. The VARO and American Legion can only tell me it's there. They think no one has opened it yet to see what they were ordered to do. I'm so sick of this crap. These 4 issues are from a 2000 appeal............I hope you have better luck.

Share this post


Link to post
Share on other sites

I was 50% from 2000-2002, 70% from 2002-2007 and 80% in 2008. I recieved TDIU in 2009. The four issues from 2000 if rated higher from 2000-2009 will yield back pay. The clock has stopped in 2009 because they finally gave me 100%.

Share this post


Link to post
Share on other sites

Hi folks --

I just won another BVA remand from the CAVC, representing myself. This is an effective date appeal, submitted in 2002. This is my second time at the CAVC, so I have a good idea what to expect. I'm happy to share what I know; if anyone's interested, feel free to email me.

I wanted to share a couple of lines from the Court's decision, that I thought might be of interest:

"Not only is the Board's analysis incomplete, it appears to be factually incorrect and internally inconsistent with earlier descriptions of the available evidence"

"Notwithstanding the clarity of the pro se appellant's arguments, the Board, in the decision on appeal, has again failed to adequately adjudicate the scope of the appellant's 1971 claim"

I expect that these reflect a common problem with the BVA that others may find familiar -- the inadequacy of the "reasons and bases" section.

Good luck to all with your appeals!

Share this post


Link to post
Share on other sites

GOOD for you!!!!!

A CAVC remand also can open the door for additional evidence.

One thing we cannot stress enough here is the fact that the CAVC looks for legal errors in BVA decisions.

Period. They do not weigh the evidence or consider anything at all not in the BVA record.

If a BVA deision is detrimental to a veteran because it contains legal errors the CAVC must remand the claim for correction of these errors.

I hold to this- and have had difficulty in explaining this to some BVA, CAVC claimants over the years-

When the BVA remands a claim via CAVC or BVA direct remand- the claimant themselves should follow the remand-

in other words if the BVA orders the RO to get this and that-

the claimant should attempt to get those records too.

When the BVA ordered another C & P on my AO claim to be done by a cardiologist-I got a cardiologist.That is I contacted one, paid him, and began to copy the medical records etc again for his IMO.

As it happened the C & P was done fast by a PA ,not a cardio doc, and I knocked it down as soon as I got copy of it- the cardiologist had not prepared my additional IMO yet- but I had sent to the BVA the very same evidence (my RO historically removes my stuff from my C file)I had sent to the cardio doctor and used the same medical argument I assumed this IMO doctor would use.

The BVA award came in the mail very soon after they received the PA C & P and my additional evidence.I had to call the cardiologist and tell him to hold off.Luckily I even got back some of my IMO money.

This is what I mean by following the remand yourself. In my responses to the BVA (I gave up on sending anything to the RO at that point)I consistently referenced the fact that my VCAA letter was illegal and that the C file contained (I supplied them again because they were probably gone by time file went to the BVA) 3 additional IMOs that clearly awarded my claim yet the VARO had consistently igorned this probative evidence.

You did very well to obtain another CAVC remand.

It goes to show we MUST be proactive and I too ,as Pro se in many situations, did better than I would have done with a lawyer.

I advise getting a lawyer when at the CAVC in most cases however.

Share this post


Link to post
Share on other sites

Thanks Berta.

There's one other point of which you reminded me, that hit home only with this most recent CAVC decision. Besides additional evidence, with remand to the BVA it's also possible to submit additional argument. After so many appeals, I have gotten into the habit of reiterating all my arguments anyway. But as noted in Best v. Principi, 15 Vet.App. 18 (2001), the Court renders its decisions on the "narrowest possible grounds," which means that they are not required to address every issue raised in the appellants' briefs. As the Court observes in that case, "A narrow decision preserves for the appellant an opportunity to argue those claimed errors before the Board at the readjudication." In other words, the appellant needs to present those issues to the BVA upon remand, thus triggering the Board's obligation to address them, as well as to preserve those issues for appeal to the CAVC if the claim remains denied after remand.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now