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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    • 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.
    • PTSD-MST Treatment(s)
      mkah - check out this article  How to Write a Stressor Statement for a PTSD Claim for Veterans Disability Compensation

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DEWY

Tbi C&p

23 posts in this topic

I filed a claim over a year ago which the VA is still adjudicating for Menier's disease, although they all tell me they think it's Menier's disease they keep testing for other causes of my reported sympmtoms (i.e., migraines, etc). I received a call from the people handling my case stating that, after review, they feel my symptoms are indicative of a TBI and asked to file a claim for TBI on my behalf. I agreed. The problem is this; I'm a Viet Nam Viet and my head wound occured in 1968. I now have an upcoming C&P appointment for TBI and upcoming appointments with ENT for my pending Menier's claim (i.e., they have already awarded me 30% for labyrithisis but have agreed to revaluate after ENT gives a Dx for my condition).

My questions are: What should I expect at the TBI C&P, will it cause confusion with my current ongoing claim, and was it prudent at all to file a claim for TBI (...I was told at the time that my head injuries were temporary and was sent back to field duty after a couple months of hospital/bed rest).

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My questions are: What should I expect at the TBI C&P, will it cause confusion with my current ongoing claim, and was it prudent at all to file a claim for TBI (...I was told at the time that my head injuries were temporary and was sent back to field duty after a couple months of hospital/bed rest).

DEWY,

TBI in and of itself, was not even a VA disability issue until 2008.

Prior to that there was a 10 % max on simple brain trauma under diagnostic code (DC) 8045.

Any other residual disability from brain trauma such as seizures (for example) were to

be rated separately.

The C&P exam for TBI can be found at the following link:

http://www.vba.va.gov/bln/21/Benefits/exams/disexm58.pdf

Rating criteria for DC 8045 Residuals of traumatic brain injury (TBI) post Oct 2008 can be found at the following link:

http://edocket.access.gpo.gov/cfr_2009/julqtr/38cfr4.124a.htm

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Dewy;

In 1975 I was awarded service connection for post tramatic seizures

and over the last 10 years or so my medical records have stated seizures secondary to TBI so I applied for service connected TBI my C&P was in october and the results were tramatic brain injury is service connected I have yet to recieve an official award but there is no reason i should be denied I had service connected head injury in 1967 and 1972 back then TBI was not the thing

what they look for is mental as well as psysical cranial nerve dysfunctions,concentration,stamina,cognitive disorders as well as depression ext...The C&P examiner may give you a good report and defer you for a complete neuropsychological assessment which might last for 3 or 4 hours.... It has been 40 years and they are saying my 100% seizure disoder in secondary to my TBI so why should i not be SC for this and maybe even at an earlier date i have peripheral neuropathy,radiculopathy and myelopathy several other disorders they say are related to my head injuries

that is why i applied for it just in case one day i am paralyzed because of these conditions i can make a claim secondary to this............

thank you

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What exactly are the seizures that you are speaking of, I occasionally have a tremedous pain on the left side of my head (brain) that feels like a spike was driven into it that seems to paralyze me for a second...is that something like a seizure or are the seizures that you're speaking of heart seizures?

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Seizures as in epilepsy from head injury.

I am 40 % SC for this.

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I am a Vietnam Veteran 68-69. I suffered a large explosion near Chu Lai in 1968. After years of going to many doctors for fatigue, headaches, bladder problems etc. my doctor sent me for a brain MRI. They found a problem and said it was due to trauma. I have filed for TBI. I submitted my medical information to the VA with my claim and and now in progress. I am currently 10% tinnitus and 50% PTSD. I also have sleep apnea which can be caused by TBI. It has been a long time since Vietnam and I don't know how my claim wil be received by the VA. Anyone have any thoughts?

Take Care.

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Is proof of the explosion found in your inservice records?

Did you get any inservice treatment at all for any explosion residuals?

Have you sought your Vietnam Unit's history in Vietnam for proof of explosion?

With the diagnosis from the MRI maybe there will be no problem with the claim.

You didnt have any post service accident that they could blame the TBI on-did you?

Is your PTSD stressor already tied into this explosion by VA? If so no further proof would be needed of it.

A large explosion that may have caused casualties is most likely noted in the Morning Reports by command.

They must rate the TBI as separate from the PTSD.

Have they sent you a VCAA letter yet?

That will state what evidence they still need. Be sure to respond to the VCAA letter within the deadline they give you.

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Thank you for responding to my posting.

No record of explosion in my service records. In fact no treatment at that time. Yes this is one of the PTSD stressors listed in my PTSD claim. I have a buddy letter stating the explosion occured and we survived. My MRI report is clear that a trauma occured. Putting two and two together and realizing that many of my problems are likely related to this event, has been a great releif. I read the VA's list of common problems related to TBI and it is really great to finally understand what has been happening to me. In 1969 I went to a VA hospital for bladder problems which have never abated. I can't empty my bladder and that is one of the effects of brain trauma. Another is sleep apnea. I have always had this. I also have extreme fatigue. All these things I believe and so does my neurologist, are related to brain trauma.

I'm still waiting to hear from the VA. I filed in October and so far I've just received the letters saying they are working on my claim. I will take your advice and respond to the VA as soon as they require.

Best Wishes

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Yes I have dizziness, vertigo and blank moments. Those blank moments are a bit weird, it's like a stop action movie or series of still photos with space in between. I did see a neurologist and he said I had visible brain trauma in the MRI. I'm just hoping the VA will accept that this because it happened so long ago. I wish I had gone to the VA earlier but I didn't so here we are. Thanks for the info.

John

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A"ll these things I believe and so does my neurologist, are related to brain trauma."

Is this neuro doc willing to prepare an IMO that complies with the IMO criteria here in our IMO forum?

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I have an IME from a neurologist and he said the following.

He has classic TBI signs and symptoms (as per the VA guide for TBI examination) of headaches, dizziness, weakness, sleep disturbance, fatigue, balance issues short term memory problems, bladder problems, hypersensitivity to sound (as per his attached lay statement and clinical exam) and he was exposed to blast injuries in service with likely TBI (traumatic brain injury) as per my clinical interview and my review of his brain MRI report which describes findings consistent in my medical opinion with old trauma (“…T-2 hyperintensity…right inferior frontal lobe…frontal operculum….may represent prior trauma… Dr. Levy…”.) I understand that Dr. Levy used the word may but an injury in the operculum is a classic location for trauma to be manifest as the brain hits the inner regions of the skull in this area during trauma and causes encephalomalacia which is visualized as increased T-2 signal. This patient has increased T-2 signal in his operculum and therefore it is my opinion that this is most likely due to his service time trauma as this is a classic location for post trauma brain injury.

It's mostly greek to me but he does correlate the brain trauma to the event. So I'm hoping for the best. I'm currently 50% PTSD and 10% Tinnitus so I hope this adds to my compenstaion and I hope they don't lump the TBI issues into the PTSD.

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Thanks for the information. i can only wait and hope for the best. My IME was pretty thorough he even tied my sleep apnea to my TBI. I also appealed my PTSD rating which is currently at 50%. We will see.

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It appears to me you have plenty of medical evidence to support your claim. As stated by the other poster, it will come down to whether the VA finds the injury occured in service.

The only thought I have that might help is whether you have medicall records that state you have complained of these symtoms through the years. They don't need to show a diagnoses of TBI but just that you mentioned/complained of the symptoms. This would prove without a doubt that the injury is not new. I reccomend getting ALL of your medical records and going through each and every word to see if you had mentioned any TBI symptoms to medical personell. If it is in the records, send them to VARO. If it is not, do not send them. Send only the records that have complaints of these symptoms.

I won my claim 12 years after injury and was not diagnosed for years. However, I did have extensive records of complaining about the symptoms within a year of the injury.

I harp about neuro-pshycological testing on this board but I cannot stress the importance of it enough. While you allready have diffintive/unarguable proof from MRI and don't need the diagnostic side, a often overlooked fact is that you cannot get more than 40% under DC8045 without this testing.

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Thanks so much that's good advice about getting past medical information. I hadn't considered getting records which show my fatigue, which is my major complaint.

Great Help!

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Thanks so much that's good advice about getting past medical information. I hadn't considered getting records which show my fatigue, which is my major complaint.

Great Help!

Glad to help. You might want to highlight these items with a highlighter before sending them. You know, spell it out to the rater. Otherwize they may just see a bunch of records that say nothing of TBI and look no closer.

Fatigue was my biggest complaint also.

Edited by timetowinarace

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I just saw a psychologist at work and told him about my history and symptoms. He said I should see a neuropsychologist for testing. I didn't really understand what you meant by saying I should see that specialist but now I get it. I will look at my insurance and see if I can find someone. The more backround information I have I believe the better for my case.

Thanks a lot.

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In my case, I went to a different VA and spoke with a doctor that has considerable experience with TBIs. I told him about symtoms and that the C&P doctor I saw stated that it wasn't likely that I am suffering from a TBI since it happened so long ago. He responded BS....have her call me, she doesn.t know what she's talking about. He wanted me to rescheduled an appointment so he can study my case. He thinks That I am suffering from brain damage and I have always been since the wound that I claimed (i'e, which is documented in my medical records). I finally got physician that truly cares about my case.

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I was given a diagnosis of Meinere's Disease (i.e., the previous dx was labrynthsis (sp)) recently. I have a pending claim for TBI since it was thought that my symptoms mimic a TBI . They said it was still possible I have a TBI and the first physician I saw was sure of it but before he made a diagnosis I was diagnosed as having Meiner's Disease.

I called the VBA and was told that my current claim is with the decision board. I don't know if being with the decision board means a decision is days away or months. I-m afraid that if I intervene at this point it may just cause confusion and delays leading to an inaccurate decision or even being throw back to the "zero day" desk.

Is it too late to bring new information forth pertaining to my recent diagnosis? If so, do I open a new claim or is there a process where I can request to have my current claim re-opened. also, is there anyway to expedite a claim such as mine where the symptoms are all the same but the diagnosis was changed (i.e., the symptoms have al ready been deemed service connected).

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I was given a diagnosis of Meinere's Disease (i.e., the previous dx was labrynthsis (sp)) recently. I have a pending claim for TBI since it was thought that my symptoms mimic a TBI . They said it was still possible I have a TBI and the first physician I saw was sure of it but before he made a diagnosis I was diagnosed as having Meiner's Disease.

I called the VBA and was told that my current claim is with the decision board. I don't know if being with the decision board means a decision is days away or months. I-m afraid that if I intervene at this point it may just cause confusion and delays leading to an inaccurate decision or even being throw back to the "zero day" desk.

Is it too late to bring new information forth pertaining to my recent diagnosis? If so, do I open a new claim or is there a process where I can request to have my current claim re-opened. also, is there anyway to expedite a claim such as mine where the symptoms are all the same but the diagnosis was changed (i.e., the symptoms have al ready been deemed service connected).

Dewey,

Who diagnosed the Meinere's - what pedigree of a doc - did they do any specific testing

and what exactly did they write ?

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I can tell you the havoc untreated or undiagnosed TBI can cause of vets and their families. My father-in-law had it. He had seizures and bizzare behavior at times. He appeared as normal as heck one moment and was doing crazy stuff the next. He was wounded in the Pacific in WWII by an explosion. The Marines said he "recovered" and then he got in trouble and got kicked out which is why he did not get benefits. I found this out 30 years after the facts when I married his daughter. A buddy from Nam got blown off an APC when it hit a mine. He complained of headaches, but they took him out of the field so it must have been worse. I don't think he got a dime then.

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Dewey,

Who diagnosed the Meinere's - what pedigree of a doc - did they do any specific testing

and what exactly did they write ?

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Carlie, ....I had been seeing interns who were reluctant to make a diagnosis, when I went to a different VA I saw first a physician (i.e., physician, not an intern) who thought I was suffering from a TBI and possibly Meiner's Disease but wanted to review all of my records but didn't have them available.He had me make another appointment.. He said it didn't make any difference that my head wound happened a long time ago...I probably was suffering from a TBI. The second physician (i.e., ENT physician , not an intern) reviewed my history (e.g., all the audiology tests, etc). He told me that he had extensive experience with Meiner's and felt confident that I was at least suffering from Meiner's Disease. He gave me a yellow sheet of paper which he had marked Meiner's Disease and Tinnitus. He also had me make another appointment. That's all I know, I have never seen my records. It is considered service connected and my head wound (...and other wounds) are well documented in my medical history.

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