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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    • 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.    
    • I DON'T UNDERSTAND THIS NEED HELP !!!
      Thanks for the reply Berta. I agree that  "The series of experiences you found to be distressing, you reported antagonistic harassment by superiors related to alcohol rehabilitation contributed to his distress." I never said it was in the interview. They added that in. What I said in the examination after the personal assault that happened to me I was basically walking around in a fog the whole time and the only thing that let my mind calm down was drinking and that got me in trouble a lot. After That point my Behavior changed and the images of what happened I could not get out of my head, so when they said it was a series of experiences from drinking which leads to my distress. I guess I need to make myself more clear. I believe everything related to the military was distressing to me, Because it was a constant reminder of what happened and that person was in the unit near me, so I was constantly on guard, so pretty much where ever I went I was always watching my back. I really started to become paranoid. I don't know how i can correct this ? If they say that the stressor occurred how can they say that it does not affect me. That incident changed my whole view of the world....This Document makes me out to look like a lair. 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 ?  
    • CLAIM COMPLETE--Frm 80% to 100% Comb Rtg
      Congratulations on your win, hope you enjoy with your family!
    • Sc'd And Non Sc'd, How Do They Effect Benefit Rating.
      Non Service Connected ratings do not effect Service Connected ratings in any way.The purpose of Non Service Connected ratings is two-fold. 1. The VA acknowledges that you have a disability, but it is not related to your military service. The benefit of this is if at a later date you can prove it is from your military service then you would be compensated all the back to the date they acknowledged the disability. In order to do this you would need your service treatment records and show where the issue was reported during service or that it is a presumptive condition of your service. Not very likely. 2. Non Service Connected disabilities can help you if you ever need to apply for pension benefits. Keep in mind the income limitations for pension are so low you do not want to be in that position.

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Va Fl 10-25

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NOTE:

VA_Fast_Letter_10-25.pdf

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

Washington, D.C. 20420

July 15, 2010

Director (00/21)

All VA Regional Offices and Centers

In Reply Refer To: 212A

Fast Letter 10-25

SUBJ: Corroborating Military Sexual Trauma (MST) Using DD Form 2910,Victim Reporting Preference Statement, or Similar Forms

Purpose

This fast letter (FL) provides additional guidance on military sexual trauma (MST) and authorizes Regional Offices (ROs) and Pension Management Centers (PMCs) to accept DD Form 2910, Victim Reporting Preference Statement; DD Form 2911, Forensic Medical Report: Sexual Assault Examination; and other similar forms as corroborating evidence of a report of MST. Decision makers must weigh the evidence of DD Forms 2910 or 2911 in determining that a sexual assault occurred.

Background

In order to provide care to MST victims, the Department of Defense (DoD) created the Sexual Assault Prevention and Response Office (SAPRO) and its associated positions of Sexual Assault Response Coordinator (SARC) and Victim Advocate. These individuals provide care and support, and assist the service member with filing a report. Additionally, each branch of the military has its own sexual assault prevention program. Contact information for DoD SAPRO and branch prevention programs can be found in Enclosure 1.

DoD offers two reporting options for MST: restricted and unrestricted. Restricted reporting allows a service member to file a report confidentially without initiating the investigative process. Following an MST incident, a service member may elect one of these reporting options by using DD Form 2910 (a copy of this form can be found at the DoD Forms Management website). Both the service member and the SARC or Victim Advocate sign the form. The service member is given a copy of DD Form 2910.

Note: Other forms may have been used prior to the issuance of DD Form 2910. For example, the Department of the Navy used the form NAVPERS 1752/1, Sexual Assault Incident Data Collection Report.

The service member may also elect an optional sexual assault forensic examination (SAFE). A SAFE is performed by a healthcare provider and is documented on DD Form 2911 (a copy of this form can be found at the DoD Forms Management website). In restricted reporting cases, DoD stores the evidence, including results from the SAFE, for one year following the date of the victim's report of sexual assault. If the victim does not claim the evidence or elect an unrestricted report within one year, DoD destroys it.

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