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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    • My C&P Results and why i'm disturbed
      In 2012 I EAS from the USMC and began a career in Law Enforcement. Like many of us I started the process of VA disability claims where I had issues which nagged me. Shoulder, knee, and back. I had 2 shoulder surgeries while active on my left shoulder and have been babying my right shoulder due to inflammation issues and restricted ROM.    I met with the VA in Dec 2013 for my initial C&P examination where I explained the symptoms of my issues and conducted a ROM examination. I was provided with a 10% rating for Patello Femoral Syndrome in my Left and Right knee. 10% for my right shoulder and 10% for c-spine bulging disc. This is the minimum rating for pain.    I just recently started a new claim for an increase and was examined a couple of days ago. My initial exam was as follows Knee  Date 2013 a. Right knee flexion Select where flexion ends (normal endpoint is 140 degrees):  [X] 100 Select where objective evidence of painful motion begins: [ ] No objective evidence of painful motion  [X] 80 b. Right knee extension Select where extension ends: [X] 0 or any degree of hyperextension (check this box if there is no limitation of extension) Select where objective evidence of painful motion begins: [X] No objective evidence of painful motion No limitation of extension c. Left knee flexion Select where flexion ends  [X] 90 Select where objective evidence of painful motion begins: [ ] No objective evidence of painful motion [X] 90 No limitation of extension Shoulder a. Right shoulder flexion Select where flexion ends (normal endpoint is 180 degrees):[X] 60  b. Right shoulder abduction Select where abduction ends (normal endpoint is 180 degrees): [ ] 0 [X] 5 Based on the above, I should be at a higher rating for both shoulder and knee. But, I was provided the minimum of 10% for pain. My most recent exam is as follows.    Knee Date 2016 Left Knee --------- [ ] All normal [X] Abnormal or outside of normal range [ ] Unable to test (please explain) [ ] Not indicated (please explain) Flexion (0 to 140): 40 to 55 degrees Extension (140 to 0): 55 to 40 degrees   Shoulder  a. Initial range of motion Right Shoulder -------------- [ ] All Normal [X] Abnormal or outside of normal range [ ] Unable to test (please explain) [ ] Not indicated (please explain) Flexion (0 to 180): 0 to 70 degrees Abduction (0 to 180): 0 to 40 degrees External rotation   I don't know why I was provided the bare minimum. But it is extremely disturbing. I hope they make things right by increasing my percentage this time around. I may have to stop working because I am constantly out due to issues with my knees and shoulder.   
    • C&P Examiner Pushed Me...FORCED
      I can relate. I just recently went in for an increase for my S/C knee & shoulder issues. The examiner forces me to continue movement in my shoulder and knees after I told her I was in pain. She told me she would document the degree of movement where I felt pain and notate that the remaining movement was while in extreme pain. FALSE!. I reviewed my C&P exam and noticed she didn't document it and instead documented my ROM throughout the pain where I specifically told her I was in extreme pain. Now my shoulder is extremely inflamed and I cannot move at all. On top of that, they gave me the minimum rating for pain 4 years ago on my initial rating where my results showed the bare minimum for range of motion. I should've been compensated fairly, but I was instead provided the minimum.   best of luck to you
    • C&P Exams Results
      Thanks for the feedback.  
    • Sleep Apnea Claim
      GOOD LUCK...........
    • I think I made VA mad
      Good luck.....................
    • C&P Exams Results
      This descriptor is at the 30% level, from the General Rating Formula for Mental Disorders (38 C.F.R. § 4.130): [X] Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, although generally functioning satisfactorily, with normal routine behavior, self-care and conversation However, these items, from Section II, Number 3 of the Mental Disorders DBQ, are at generally higher levels: 30%
      [X] Depressed mood 
      [X] Anxiety 
      [X] Suspiciousness 
      [X] Chronic sleep impairment  50%
      [X] Disturbances of motivation and mood 
      [X] Difficulty in establishing and maintaining effective work and social relationships 70%
      [X] Difficulty in adapting to stressful circumstances, including work or a worklike setting 
      [X] Inability to establish and maintain effective relationships 
      [X] Neglect of personal appearance and hygiene 
      [X] Intermittent inability to perform activities of daily living, including maintenance of minimal personal hygiene You can find the signs, descriptions of functional impairment, and symptoms associated with each disability rating level in the General Rating Formula for Mental Disorders. I attached a Word doc, whcih contains the Rating Formula. Of course, the RVSR (VBA 'rater') determines your disability rating, but as I understand it, if they assign a rating lower than 70%, in your case, then they need to provide a rationale. It partly depends on your medical records, particularly mental health treatment records, but if they are not dramatically different, in terms of the symptoms and associated problems noted, then I would anticipate an increased disability rating for depression.  I noticed that she (the C&P psychologist) did not say anything about IU (Individual Unemployability). If the VBA requested information about employability on VA FORM 2507 (the referral form VBA uses to request a C&P from a VA medical center or contractor), then VBA will probably send your exam report back as insufficient and instruct the examiner to answer their question(s) about employability.  Her diagnosis for ICD-10 code F32.9 is wrong. She listed Depressive Disorder NOS (Not Otherwise Specified), which is a DSM-IV diagnosis. VA instructed C&P psychologists to use DSM-5 beginning on 1 December 2013. The ICD-10 code F32.9 is for Major Depressive Disorder, Single Episode, Unspecified.  Although the C&P psychologist's report is not a good one, it looks like the end result will be positive for you.  Thank you for your service and sacrifice for our country @dolfanbls.  All the Best, Mark General Rating Formula for Mental Disorders.docx
    • DRO hearing
      I mean, if they had the IMO and ignored it , that is a CUE ( 38 CFR 4.6) but the Duty to Assist and BOD regs are not CUEable.   "Yes my POA finally asked his supervisor and they both agreed with me in stating that this is in fact a CUE. What he is going to do is ask the Rater to CUE himself " great because they see what I seemed to see here too. I would let the POA write the CUE up. "and I told him to at least try to make a deal with him about the P&T."  I do not foresee VA making any type of deal even if it seemed to make sense. Current C & Ps justify new decisions and they also provide enough info ( sometimes) for the correct rating %. Your condition might have gotten worse since Dr Bash did that IMO.
    • I DON'T UNDERSTAND THIS NEED HELP !!!
      I am going to start the process of getting my C-file. I need to see whats in there and they did not use the notes that my VA doctor wrote in my medical notes.  Thank you for your input on this issue. Its just strange how they wrote in the letter that they said I had a substance abuse problem Before I joined, Hows that possible I just graduated High School. I was only 18 and I was very responsible. The Assault happened around January or February and that's right around the time my performance went down hill. Service records show you were recognized for outstanding performance in December 1994. In January 1995 you were promoted.  Your enrollment in counseling is noted as command directed   in August 1995. Discharge action was initiated in January 1996. March 1996 service separation examination shows no complaints of or diagnosis of the record from November 1993 to May 1996.   Thank you again for your guidance and input.
    • Memorial Day Vets Freebies, discounts
      WOW long list ..... also many VAMCs like mine are having a nice Memorial Day service and I believe they will have the VA bus ready to take people up to the cemetery. It is quite a climb if you walk, and very difficult to park on Big Holidays like tomorrow is. When I got home from church today  it was almost 95 degrees out and I was about to take a dip, and suddenly like yesterday , it started to rain and then we had a violent thunderstorm. We are still under a Thunder /lightening watch. The last memorial Day service I went to at the Bath NY VA...it was hot but beautiful , blue sky and a few clouds like this AM was and this is a gorgeous historic VA with a lovely cemetery ,but just as a prominent guest speaker got to the outdoor podium, to speak, an enormous thundercloud moved over the sky fast and it began to pour in bucket loads and it was hard for us to get the vets in chairs back into the VA for cover. I think they had made the fly over ( they drop a big  wreath in the cemetery) but it turned out to be a great day anyhow ,they made a fabulous meal for all the VA patients and I stayed there for a few hours in the recreation hall ,talking to vets. We just got a flash flood warning too and the Bath VA is surrounded on two sides by the Cohocton River. But it hasnt flooded there bad yet. There are no words to really ever describe  how grateful I am for the service of so many deceased veterans, back to the Civil War at my local VA, and for the sacrifices all of you have made. It was nice to hear God Bless America and some other patriotic songs in church this AM. We have many vet members and about 6 members in Active duty. A retired Lt Col. (Desert Storm)member led us into prayer after the singing. I hope you all have a Great  and Safe Holiday!!!        
    • I DON'T UNDERSTAND THIS NEED HELP !!!
      I apologize, I had no idea there was more to this and it regards inservice MST. There has been some excellent advise here on MST claims, some of it from vets with MST themselves. Did you specifically raise MST in the initial claim? Broncovet is right! You need to get a C file copy and copies of all of your treatment records. Also if you need your SMRs from NARA, ask for ALL of your Personnel files as well. The drinking and change in your inservice behavior proves that something happened to you, and if MST ,that is a Major stressor. Search here for the MST discussions. "This Document makes me out to look like a lair." The VA Makes us ALL feel like that. "Also they did not use the notes in my VA medical file which states I have PTSD Related to MST. How come there is no mention of that ? " Did they ever list this or mention as evidence at all? Maybe that is why they seemed to say there was evidence both for and against the claim.    

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COOL BREEZE

Va Form 9

12 posts in this topic

Is it necessary to file a motion for reconsideration for left out information on the VA form 9(to file and submit the evidence) I found some information that states that if you don't file using the proper form(just making up your own form), they can deny or hold up your claim. Now I saw actual copies of this form on the internet that you can fill in and print, haven't found that on this forum yet, unless I am looking in the wrong area. What I am doing, since I had a fool for my first VSO, I thought I would file one(another one) just in case, letting them know the reason as we can't find the original copy(I was never given a copy-Important-all Vets need to have a copy of what was done and submitted by a VSO for tracking purposes, so you know what was actually filed-I didn't_shame on me). Also I was going to clarify what I was asking for(left out medical info, and the medical copy-which would give me 60%, not the low ball 30%. This would have to be done in a proper fashion so they don't try to take my increase away .

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If this regards your recent decision I would ask them to reconsider the rating on the 30% and then tell them exactly why-with medical evidence attached -that shows you warrant the higher rating.

How much time do you have left for the NOD and the I-9?

A Reconsideration Request might get the proper rating faster but you still have to mark your calendar for any time limits for appeal.

All you need to do is send them a letter or use a 4138 and put RECONSIDERATION REQUEST on it and then put attention to: and use the initials of the rater who rendered the decision that appears in the upper right hand corner of the letter with the VARO numerical codes.

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PS a "Motion" for reconsideration is the same type of request regarding a BVA decision.

A VARO recon request does not require a Motion format.

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If this regards your recent decision I would ask them to reconsider the rating on the 30% and then tell them exactly why-with medical evidence attached -that shows you warrant the higher rating.

How much time do you have left for the NOD and the I-9?

A Reconsideration Request might get the proper rating faster but you still have to mark your calendar for any time limits for appeal.

All you need to do is send them a letter or use a 4138 and put RECONSIDERATION REQUEST on it and then put attention to: and use the initials of the rater who rendered the decision that appears in the upper right hand corner of the letter with the VARO numerical codes.

This was already filed-is the reconsideration a 90 time frame. What is a 4138? I have the form i-9-do I use that form as well as a letterhead with re-consideration to send it. Also I am sending them multiple issues, different types of claims, can I sent all these in 1 envelope, will they sort these a accordingly once received? I saw the one issue a vet had similiar to mine, he got the 60%, they missed my medical evidence that would have given me that rating. I have sent several NODS sent out for them for not addressing claims before the case was filed, then they closed the case. Once of them was for PN, and it has now spread from the feet to both legs, and arms. I figure I need to get a rating for that before I can add this for secondary. Also Berta, how do you figure out what you can claim as secondary. If they deny a claim, I am thinking about trying to get a secondary rated. Thinks for your help

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Good the Reconsideration Request has already been filed as to the rating you felt was too low.

I am confused about the rest of this post.

"I have sent several NODS sent out for them for not addressing claims before the case was filed, then they closed the case."

They cannot address a claim until they get the formal claim.A NOD is to specifically disagree with a decision on the claim.

" Once of them was for PN, and it has now spread from the feet to both legs, and arms. I figure I need to get a rating for that before I can add this for secondary.

Also Berta, how do you figure out what you can claim as secondary. If they deny a claim, I am thinking about trying to get a secondary rated. Thinks for your help"

A rating only occurs after a formal claim has been filed. The rating depends on a diagnosis and then a C & P exam.

Do you have any PN rating now?

If VA denies a SC claim,for a disability that you feel the PN is causing, they will also deny the PN as secondary.

All secondaries need to have a SC nexus ( the initial etiology or cause must be service connected) as well as medical evidence of the link to the SC disabilty.

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Good the Reconsideration Request has already been filed as to the rating you felt was too low.

I am confused about the rest of this post.

"I have sent several NODS sent out for them for not addressing claims before the case was filed, then they closed the case."

They cannot address a claim until they get the formal claim.A NOD is to specifically disagree with a decision on the claim.

" Once of them was for PN, and it has now spread from the feet to both legs, and arms. I figure I need to get a rating for that before I can add this for secondary.

Also Berta, how do you figure out what you can claim as secondary. If they deny a claim, I am thinking about trying to get a secondary rated. Thinks for your help"

A rating only occurs after a formal claim has been filed. The rating depends on a diagnosis and then a C & P exam.

Do you have any PN rating now?

If VA denies a SC claim,for a disability that you feel the PN is causing, they will also deny the PN as secondary.

All secondaries need to have a SC nexus ( the initial etiology or cause must be service connected) as well as medical evidence of the link to the SC disabilty.

I had received a letter from the VA on May 17, 2010 stating that we are working on nerve damage, Bilitareral feet, Urology leakage due to medication, ect. Those issues were not addressed on the final claim, it was closed and a decision rendered with those issues not addressed. I have a 0% for the feet, the va foot doctor stated during one of my many appointments with her that I had PN. She doesn't say it is secondary to the feet, I would assume so since this was an appointment for feet. And I hear that you can get PN secondary to any other service connected claim. Do you think I should file again a claim for nerve damage secondary to my feet since she also prescribed medication for this. Or as the VSO did, he filed a NOD as those issues weren't addressed. Should I wait, or file another claim? Thanks

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"And I hear that you can get PN secondary to any other service connected claim. Do you think I should file again a claim for nerve damage secondary to my feet since "

Peripheral neuropathy can have many causes but the most prevalent one I see is in veterans with diabetes.

Mayo Clinic supports the fact that it is common to anyone with DMII:

http://www.mayoclinic.com/health/peripheral-neuropathy/DS00131

"you can get PN secondary to any other service connected claim"

never heard that before.

If you have medical evidence or a strong IMO that shows a SC disability you have has caused the PN, then it can be service connected as secondary.

"I have a 0% for the feet"

Is that a NSC or a SC rating?

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"And I hear that you can get PN secondary to any other service connected claim. Do you think I should file again a claim for nerve damage secondary to my feet since "

Peripheral neuropathy can have many causes but the most prevalent one I see is in veterans with diabetes.

Mayo Clinic supports the fact that it is common to anyone with DMII:

http://www.mayoclini...ropathy/DS00131

"you can get PN secondary to any other service connected claim"

never heard that before.

If you have medical evidence or a strong IMO that shows a SC disability you have has caused the PN, then it can be service connected as secondary.

"I have a 0% for the feet"

Is that a NSC or a SC rating?

The rating is a SC rating. And now the foot clinic says I have NP, but I don't have diabetes. I had filed a claim for nerve damage that wasn't address in recent claim, so I am at a lost as what should I do. I was trying to connect that to something, it states feet secondary to nerve damage on the rating comp exam. Thanks

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The post is kinda confusing. You are asking about a Form 9 (formal appeal) and then you start talking about a NOD. IF you have filed a form 9, a Formal Appeal all you have to do is submit you additional evidence along with a cover page that you type up in WORD or any other document producing program. The cover page should clearly indicate that you are filing/supplying additional evidence in support of your Formal Appeal, Form 9 that was dated on xxxxx date. If you have not received a letter from the VA indicating that your file has been forwarded to the BVA then send the evidence to your supporting RO. If you have received notice that the file has been transferred to the BVA, then send the evidence to the BVA. If you do not want the BVA to send the file back to the RO so they can review the additional evidence make sure you include a statement in the cover letter that you waive your right to have the evidence evaluated by the AOJ (your RO) and desire that the BVA consider the evidence during their review of your file. Make sure that if you use addition sheets you place a header at the top of each page stating notice of disagreement continued, page xxx, dated xxxxxx, veterans name xxxx, va file number or ssan

The same goes even if you are in the NOD stage. If you have a NOD pending just send in the evidence with a cover page stating that it is additional evidence in support of your NOD dated XXXXXXx.

Now if you are talking about just starting your appeal with a NOD process you can use the Statement in Support of a Veterans Claim form or you can just simply start typing on plain paper making sure that you clearly state at the begining of the letter THIS IS A NOTICE OF DISAGREEMENT TO VA'S DECISION BASED UPON THE STATEMENT OF THE CASE DATED XXXXX then type out your reasons for disagreement making sure you attach any and all additional evidence to the letter.

Now if you are talking about a formal appeal you are begining you must use the Form 9 but you can also attach additional sheets to it that are typed on blank paper. Make sure that if you use addition sheets you place a header at the top of each page stating notice of formal appeal continued, page xxx, dated xxxxxx, veterans name xxxx, va file number or ssan.

I think this is what you were asking and I hope it helps. If I misunderstood please forgive me as I am just a crazy old vet hahahahaha.

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The post is kinda confusing. You are asking about a Form 9 (formal appeal) and then you start talking about a NOD. IF you have filed a form 9, a Formal Appeal all you have to do is submit you additional evidence along with a cover page that you type up in WORD or any other document producing program. The cover page should clearly indicate that you are filing/supplying additional evidence in support of your Formal Appeal, Form 9 that was dated on xxxxx date. If you have not received a letter from the VA indicating that your file has been forwarded to the BVA then send the evidence to your supporting RO. If you have received notice that the file has been transferred to the BVA, then send the evidence to the BVA. If you do not want the BVA to send the file back to the RO so they can review the additional evidence make sure you include a statement in the cover letter that you waive your right to have the evidence evaluated by the AOJ (your RO) and desire that the BVA consider the evidence during their review of your file. Make sure that if you use addition sheets you place a header at the top of each page stating notice of disagreement continued, page xxx, dated xxxxxx, veterans name xxxx, va file number or ssan

The same goes even if you are in the NOD stage. If you have a NOD pending just send in the evidence with a cover page stating that it is additional evidence in support of your NOD dated XXXXXXx.

Now if you are talking about just starting your appeal with a NOD process you can use the Statement in Support of a Veterans Claim form or you can just simply start typing on plain paper making sure that you clearly state at the begining of the letter THIS IS A NOTICE OF DISAGREEMENT TO VA'S DECISION BASED UPON THE STATEMENT OF THE CASE DATED XXXXX then type out your reasons for disagreement making sure you attach any and all additional evidence to the letter.

Now if you are talking about a formal appeal you are begining you must use the Form 9 but you can also attach additional sheets to it that are typed on blank paper. Make sure that if you use addition sheets you place a header at the top of each page stating notice of formal appeal continued, page xxx, dated xxxxxx, veterans name xxxx, va file number or ssan.

I think this is what you were asking and I hope it helps. If I misunderstood please forgive me as I am just a crazy old vet hahahahaha.

I am the one who is confused as this is a new process for me, so may steps. The way I understand it, I filed a Nod, the VA sends me a SOC with a form 9 to fill to let them know where I want the claim to go -this lets me decide if I want to let my regional office decide it(I understand that option is better as otherwise if it goes to THE BVA that would take years. I called the 800# in Phoenix today and he (stated was a veteran), suggested it was much better to let the local regional office process the appeal first. Then if I didn't like the decision to inform them to send it to the BVA. And i guess I can meantime schedule some more outside appointments to better assist my appeal process .

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"it states feet secondary to nerve damage on the rating comp exam"

Did they say what nerve damage?

That is much different than PN due to foot problem.

Are you able to scan the exam results or the SOC and post it here as an attachment? (Cover personal stuff)

Ricky -that was an excellent rundown on the appeal process.

I wrote my I-9 appeal years ago in Word (I use Office Org now)

making sure I got the most important arguments into the first paragraph that could fit onto the I-9 area where they ask us to tell them why they are wrong.

I copied it off and cut out and pasted the first paragraph into the I=9 form ,copied that and then added the attached pages and evidence.

I mentioned the VCAA error right away and also the medical evidence they had refused to read for years.I enclosed an evidence list as well as copies of evidence that VARO had never considered.After BVA transfer I continued to send additional evidence to the BVA, checking with the BVA ombudsman to make sure they got it.

This way -if anyone actually read the I-9 at the RO level, maybe the claim could have been resolved earlier.I should have formally waived RO rights because they never read any of my stuff.

The BVA took note of the VCAA error as well as my evidence and awarded- and the VCAA error was not prejudicial because I had mitigated it's damage with probative evidence.

BVA checks the VCAA letter every claimant gets right off the bat.

If it as prejudiced the veteran by failing to conform to the VCAA regs and the evidence cannot overcome the error -this sets up a remand adding much more time to the claim.

I read BVA decisions every week and there has been a definite improvement in remands due to faulty VCAA letters.

Edited by Berta

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"it states feet secondary to nerve damage on the rating comp exam"

Did they say what nerve damage?

That is much different than PN due to foot problem.

Are you able to scan the exam results or the SOC and post it here as an attachment? (Cover personal stuff)

Ricky -that was an excellent rundown on the appeal process.

I wrote my I-9 appeal years ago in Word (I use Office Org now)

making sure I got the most important arguments into the first paragraph that could fit onto the I-9 area where they ask us to tell them why they are wrong.

I copied it off and cut out and pasted the first paragraph into the I=9 form ,copied that and then added the attached pages and evidence.

I mentioned the VCAA error right away and also the medical evidence they had refused to read for years.I enclosed an evidence list as well as copies of evidence that VARO had never considered.After BVA transfer I continued to send additional evidence to the BVA, checking with the BVA ombudsman to make sure they got it.

This way -if anyone actually read the I-9 at the RO level, maybe the claim could have been resolved earlier.I should have formally waived RO rights because they never read any of my stuff.

The BVA took note of the VCAA error as well as my evidence and awarded- and the VCAA error was not prejudicial because I had mitigated it's damage with probative evidence.

BVA checks the VCAA letter every claimant gets right off the bat.

If it as prejudiced the veteran by failing to conform to the VCAA regs and the evidence cannot overcome the error -this sets up a remand adding much more time to the claim.

I read BVA decisions every week and there has been a definite improvement in remands due to faulty VCAA letters.

The report from a podiatry consult states neuropathy b/l

under atherosclerotic vascular diseases(Comp exam) it states-Symptoms patient just burning sensation from peripheral neuropathy

Comp exam-reason Mets estimated only, patient not able to walk treadmill due to back and treadmill disabilities

Comp exam note-Is there pain at rest? No leg pain, has burning sensation both feet secondary to peripheral nerve condition

Comp exam-lower arterial-states has atherosclerosis noted on distal aorta(that claim was denied-filed a NOD has a have service connection for hypertension)pt with neuropathy feet

the results for that exam were within standards-

Hopefully that helps as this was scattered in different reports but not put together and decided in a claim which I filed a NOD as this claim was left out-thanks

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