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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    • 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.  
    • Assistance With Sleep Apnea Claim
      The Reason I mention Mild  is to let vets know  That a lot of what is said at your VAMC can be turned around and used against you in your claim, so check your MyHealthVet Notes ever so often after you see a VA anything. ''Mild  My Assperralo'' jmo .......Buck
    • 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 ?
    • Proof C&P Exams are often frauds
      I lived I a VA hospital 6 months with failed pancreas surgeries.. yet they take the word of a screwy C&P examiner over the 6 months of VA records as an inpatient. The doctors and nurses write every move you make, every word you utter. 6 months of those records fill up those huge paper boxes used for zerox paper. You would think the VA would read those records. Instead they send you to some doctor who is only there to make you look bad at a C&P exam. Instead of a neutral doctor the ones they use for the C&P act like you are a fraud. They see you for a few minutes ask questions like a bad interrogation, trying to trip you up with statements. Those answers that are undeniable proof are in the records from your service and the 20 years of medical records plus the 6 months as an inpatient.   IMHO  
    • PTSD Claim and Reconsideration transfered claim was lost and found very confused
      I am a Veteran who has been diagnosed with PTSD by my VA Doctors in Montrose NY they implored me to go to the Montrose PTSD unit and I was told that the Montrose VA only takes Veterans who have in service stressors. I filed my claim for PTSD in Aug of 2015 the denied me in Jan 0f 2016 and never sent me a SOC or denial letter and denied me with out a CNP and  with out reviewing my PTSD diagnosis of Aug 2015 and my stay at PTSD unit in Oct until Nov 2015 since then I asked for a reconsideration  of the PTSD decision after I surmised I was denied and I also submitted new evidence like my diagnosis and the the stay at Montrose PTSD unit and Buddy Letter from a shipmate I did this on 3/20/2016 they closed it with no letters sent no CNP etc no letters in system I was told to put it back in and I did on 4/42016 and it was closed again on 4/26/2016 I then was told to put contention back in I did on 4/30/2016 and this was closed on 5/6/2016 no letter no SOC no CNP no nothing. my case was in NJ regional office I contacted them and the Homeless veterans coordinator then got my caseopened EED of 3/20/2016, then he had my case transferred to NY because I am homeless in NY and then it was closed again, I was   recently at a  standown where a Homeless veterans person with the regional office in NY  who contacted me verified I was a homeless took a state ment , she contacted me and told me that my case was going to a special unit I also have congressional liason who has been supportive and in contact I should be red flagged for homeless and it was a FDC claim as well they have a congressional inquiry where they found an old appeal from 2014 that was never dealt with any ways I need to understand what is going on or if anyone has deal with a similar situation, { How long my appeal since 2014 DRO should that take and also how long should a reconsideration for a homeless vet take this is not a new claim any input please.
    • Exams during flare up?
      The Knee and Leg     Rating 5256   Knee, ankylosis of:   Extremely unfavorable, in flexion at an angle of 45° or more 60 In flexion between 20° and 45° 50 In flexion between 10° and 20° 40 Favorable angle in full extension, or in slight flexion between 0° and 10° 30 5257   Knee, other impairment of:   Recurrent subluxation or lateral instability:   Severe 30 Moderate 20 Slight 10 5258   Cartilage, semilunar, dislocated, with frequent episodes of “locking,” pain, and effusion into the joint 20 5259   Cartilage, semilunar, removal of, symptomatic 10 5260   Leg, limitation of flexion of:   Flexion limited to 15° 30 Flexion limited to 30° 20 Flexion limited to 45° 10 Flexion limited to 60° 0 5261   Leg, limitation of extension of:   Extension limited to 45° 50 Extension limited to 30° 40 Extension limited to 20° 30 Extension limited to 15° 20 Extension limited to 10° 10 Extension limited to 5° 0 5262   Tibia and fibula, impairment of:   Nonunion of, with loose motion, requiring brace 40 Malunion of:   With marked knee or ankle disability 30 With moderate knee or ankle disability 20 With slight knee or ankle disability 10 5263   Genu recurvatum (acquired, traumatic, with weakness and insecurity in weight-bearing objectively demonstrated) 10
    • Exams during flare up?
      §4.40   Functional loss. Disability of the musculoskeletal system is primarily the inability, due to damage or infection in parts of the system, to perform the normal working movements of the body with normal excursion, strength, speed, coordination and endurance. It is essential that the examination on which ratings are based adequately portray the anatomical damage, and the functional loss, with respect to all these elements. The functional loss may be due to absence of part, or all, of the necessary bones, joints and muscles, or associated structures, or to deformity, adhesions, defective innervation, or other pathology, or it may be due to pain, supported by adequate pathology and evidenced by the visible behavior of the claimant undertaking the motion. Weakness is as important as limitation of motion, and a part which becomes painful on use must be regarded as seriously disabled. A little used part of the musculoskeletal system may be expected to show evidence of disuse, either through atrophy, the condition of the skin, absence of normal callosity or the like.        §4.45   The joints. As regards the joints the factors of disability reside in reductions of their normal excursion of movements in different planes. Inquiry will be directed to these considerations:  (a) Less movement than normal (due to ankylosis, limitation or blocking, adhesions, tendon-tie-up, contracted scars, etc.).  (b) More movement than normal (from flail joint, resections, nonunion of fracture, relaxation of ligaments, etc.).  (c) Weakened movement (due to muscle injury, disease or injury of peripheral nerves, divided or lengthened tendons, etc.).  (d) Excess fatigability.  (e) Incoordination, impaired ability to execute skilled movements smoothly.  (f) Pain on movement, swelling, deformity or atrophy of disuse. Instability of station, disturbance of locomotion, interference with sitting, standing and weight-bearing are related considerations. For the purpose of rating disability from arthritis, the shoulder, elbow, wrist, hip, knee, and ankle are considered major joints; multiple involvements of the interphalangeal, metacarpal and carpal joints of the upper extremities, the interphalangeal, metatarsal and tarsal joints of the lower extremities, the cervical vertebrae, the dorsal vertebrae, and the lumbar vertebrae, are considered groups of minor joints, ratable on a parity with major joints. The lumbosacral articulation and both sacroiliac joints are considered to be a group of minor joints, ratable on disturbance of lumbar spine functions.   §4.59   Painful motion. With any form of arthritis, painful motion is an important factor of disability, the facial expression, wincing, etc., on pressure or manipulation, should be carefully noted and definitely related to affected joints. Muscle spasm will greatly assist the identification. Sciatic neuritis is not uncommonly caused by arthritis of the spine. The intent of the schedule is to recognize painful motion with joint or periarticular pathology as productive of disability. It is the intention to recognize actually painful, unstable, or malaligned joints, due to healed injury, as entitled to at least the minimum compensable rating for the joint. Crepitation either in the soft tissues such as the tendons or ligaments, or crepitation within the joint structures should be noted carefully as points of contact which are diseased. Flexion elicits such manifestations. The joints involved should be tested for pain on both active and passive motion, in weight-bearing and nonweight-bearing and, if possible, with the range of the opposite undamaged joint. These are some of the references 

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COOL BREEZE

Va Claim Closed

8 posts in this topic

It took 2 attempts to finally get someone at the 800# to tell me what my new rating is.(asked what is my current rating-ist rep gave only old rating) Wow-they really low balled me on this one. The good news is I went from 30% to 50%. This took 2 days, decision on 14th, notification on the 18th, and closed today. Half hour after I called the 1st time the system was updated. So what I don't understand is if I had a 20% for back, 10% for hypertension, and I know they gave me the 30% for the neck(cervical), and denied everything else this goes up to 50%. Don't they rate upwards rounded off at 55% and that gives you 60%. This comes up to exactly 50% the way they do it. They say It could be another month before I receive the payment.(Does it really take that long) The best part, I have all the VA exams so I can file I believe a notice of disagreement(is this where another rater or supervisor will review this-a shorter time? I think because the fiscal year is ending they are watching there budget very closely-leading to the huge amount of appeals for not doing this correctly the1st time

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You really need to see the "paper". The phone conversations are to be taken with a grain or ten of salt!

It took 2 attempts to finally get someone at the 800# to tell me what my new rating is.(asked what is my current rating-ist rep gave only old rating) Wow-they really low balled me on this one. The good news is I went from 30% to 50%. This took 2 days, decision on 14th, notification on the 18th, and closed today. Half hour after I called the 1st time the system was updated. So what I don't understand is if I had a 20% for back, 10% for hypertension, and I know they gave me the 30% for the neck(cervical), and denied everything else this goes up to 50%. Don't they rate upwards rounded off at 55% and that gives you 60%. This comes up to exactly 50% the way they do it. They say It could be another month before I receive the payment.(Does it really take that long) The best part, I have all the VA exams so I can file I believe a notice of disagreement(is this where another rater or supervisor will review this-a shorter time? I think because the fiscal year is ending they are watching there budget very closely-leading to the huge amount of appeals for not doing this correctly the1st time

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My VSO told me (and this is a direct quote): "Please ignore the responses from VA." You really need to see the actual paper response, and then challenge what you don't agree with.

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Try calling the 1-800 number and asking them to fax you a copy of the letter.

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You really need to see the "paper". The phone conversations are to be taken with a grain or ten of salt!

They said they will mail it out as my fax machine is hosed up. But could some one tell me is it true if your total disability =50% on the nose, do they round it up to 55% which then =60%. I thought I saw a post somewhere that said they do it. Also how long once the claim is closed with a decision does it take them to deposit the money. Another Vet was telling me that the new fiscal year was in October, and the VA was low on funds

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They said they will mail it out as my fax machine is hosed up. But could some one tell me is it true if your total disability =50% on the nose, do they round it up to 55% which then =60%. I thought I saw a post somewhere that said they do it. Also how long once the claim is closed with a decision does it take them to deposit the money. Another Vet was telling me that the new fiscal year was in October, and the VA was low on funds

They round to the nearest 10%. For example, if you are 50%, then you are 50%. But... if you are 55%, they round it to 60%. I was at 74% and my rating was 70%.

Here is a link to the SC calculator here at hadit, which might help you out. Just plug in your individual rating scores and go from there.

http://www.hadit.com/service_connected_disabilities_rating_calculator.php

(also, it's located at a link on the bottom of the main Hadit page)

It is usually not very long if you won at the regional office level. The Montgomery, AL, regional office had mine turned around in less than five days.

If you already have direct deposit setup, watch your bank account for and pending or posted deposits. My claim letter and DAV letter arrived in the mail the day after the deposit.

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They round to the nearest 10%. For example, if you are 50%, then you are 50%. But... if you are 55%, they round it to 60%. I was at 74% and my rating was 70%.

Here is a link to the SC calculator here at hadit, which might help you out. Just plug in your individual rating scores and go from there.

http://www.hadit.com..._calculator.php

(also, it's located at a link on the bottom of the main Hadit page)

It is usually not very long if you won at the regional office level. The Montgomery, AL, regional office had mine turned around in less than five days.

If you already have direct deposit setup, watch your bank account for and pending or posted deposits. My claim letter and DAV letter arrived in the mail the day after the deposit.

[/

Thank you for your response. I guess I got what was coming-expecting high to get low-balled.. I was asked about having titantus at the comp exam-they put down that I had that since the military, even though I believe there was no record of that-so I was expecting( a difference between expecting and what you actually receive) the 10%. I was already with a 0% for hearing-so at least that should have been secondary. so I don't know what the big deal is. The exam said it was present in both ears, everyday, but I guess that wasn't enough. Again, I am only going off what the 800# stated as a few members called and asked"what is my present rating?" And based on that response and the rom on the cervical it didn't take long before I figured that out. Now I guess I can utilize all the info here and file a appeal after I receive the decision. I believe the notice of disagreement maybe quicker, and if that don't work file an appeal. At this stage I wonder if I should turn this over to a service officer-don't think I did a good job with this claim. A rooky has to start some where

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Try calling the 1-800 number and asking them to fax you a copy of the letter.

There are 8 call centers that the VA uses. Not all of them will be helpful, some will provide info on your claim that others won;t give you. So it is a crap shoot when you call if they will fax,(my fax won't work) or say-hey you are rated at 50%. Most of the time they are not helpful. For every 5th time you call you will find one that will go over and beyond. For example, one agent informed me that they went ahead approved my dependency claim even though they needed additional info. I asked why was the claim closed- you will take another 6 months to a year to process a new claim. Well-I over nighted the info to the regional office anyway. Like you all say- the VA is out of control, no organization.They do what they feel like, when they want, disregard all policies.

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