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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    • New VA Malpractice stats from reporter
      This is the same reporter who called me last year, interested in NY VA malpractice issues. I was the only FTCA case here in NY that I had documentation on so I didn't want to let him use solely my story..it will be in my book anyhow.... http://www.nydailynews.com/news/national/legal-settlements-veterans-affairs-triple-article-1.2654179 His focus was solely on NY FTCA - VA cases and all I could do is give him some tips because these settlements are very well hidden by the VA. No one here responded as a NYer with a FTCA issue when he asked me to post his contact info here. He and another reporter found some large cases but they do not reveal how much  was paid out in 1151 when FTCA was not an option ( or the claimant or survivor filed both FTCA and 1151claims.) After a 1151 offset is recouped by VA for FTCA settlements ,then the subsequent SC payments under 1151 are not part of the whole picture...VA pays out more for malpractice then we know. There is no record (except what I have in my settlement papers of what their malpractice on my husband cost them. I added up a recent audit and it all ,in my case, is a staggering sum.) Interesting article and they did a good job in the article with the evidence they found. The rest of VA's secret malpractice cash pay outs is well hidden. And there are probably many malpractice claims that are never filed because the vet or their survivor never considered VA could have been grossly negligent in their VA health care.  
       
    • When can the VA reduce my rating "again" after reduction?
      Sorry to hear of your issues, as I too have Asthma bud. I am so tired of the VA coming after us. I just went thru this last month. I too am 100% P&T, yet the VA called me on 2/29 to come in for a Review on my 40% for Bladder issues. Well we drove over 300 miles round trip for a 10 min exam. Well what happened next, they continued my 40%, but then the Damn VA lowered my 30% for Scars down to 10%, even though I never had an Review Exam for my Scars and the Doc never asked me anything about it. Luckily it did not affect my 100% P&T. 
    • Should I file a claim now or wait?
      I agree with the others definitively file that ITF/FDC ASAP, when you file it that gives you your starting date to this claim and whats good about it  you have a year to submit the claim   and maybe have time to get yor C-FILE if you need it. Filing an ITF don't mean your filing your claim right then for what your claiming   it just means your going to file a claim within a year. Remember filing an ITF (Intent to file) you have a year to submit it as a claim, actually the VA is giving you the time to get all your evidence together before submitting the claim. if you have an appeal at the BVA  this will not effect that claim.  so file it buddy. jmo ...................Buck
    • C&P Examiner Pushed Me...FORCED
      You can always say this to the examiner, ''Do you mind if my wife/friend sets in during the exam''. My wife has always set in with me at all my exams. & I have had 4...so for. and it does help  keeps them for lying & If you call the VA you need to ask for he right person   the C&P Director for Request or Rescheduled another C&P  & Tell him/her your story as to what happen at your C&P jmo ................Buck    
    • Should I file a claim now or wait?
      Thanks Gastone, I have not started the claim on E-ben yet.  I'm still getting all my evidence in order.  I never filed on E-ben before I assume you can do a FDC on there just like filing at VSO.  
    • PTSD Denied NSC - Schizophrenia NSC
      Hi Mark, Thank you so much for responding.   He does not have a current treating psychiatrist.   Following a 1978 suicide attempt and subsequent hospitalization at a psych ward for 30 days - the psych ward doctor issued a diagnosis of schizophrenia - paranoid type.  After some bizarre behavior by my brother in years that followed, he was an outpatient treatment at county mental health center on and off and attending physician wrote diagnosis in 1983 of " schizophreniform episode with depressive symptoms" .  This medical evidence was submitted with his original claim in 1982 and his request to re-open claim in 2015.  He was not treated for any mental illness while in service / Vietnam.   At his recent C&P exam (last month) the attending VA examiner diagnosed him as still being schizophrenic and they issued a 50% rating -- but the rating indicates NSC. I will request a copy of his C&P exam from last month immediately -- thank you for pointing me to the form.  I have contacted several psychiatrists in the area to examine him and complete a "DBQ" to show nexus to his Vietnam trauma and they won't even return my calls.   My personal opinion as his sibling (I'm a former banker - certainly not a doctor) is that immediately upon return from Vietnam he had PTSD (burning his uniform, anti-social, startled behavior, etc) and this evolved into schizophrenia, culminating with a suicide attempt. Symptoms are still there -- just under the surface - because I take care of everything for him down to covering his rent shortage, co-signing for his apartment, buying his clothes and (meager) furnishings, etc.      
    • Question about NOD wait time after applying.
      Pack a lunch. DRO Reviews anywhere 12 - 18 months, DRO Hearings 2+ yrs, mine took 4.25 yrs in 2014. Check your RO's, most recent, Monday Morning Report. Unless it's changed, the MMR will show the "Total Appeals" pending for your RO. It doesn't list the DRO's separately from the BVA's. Gives you some idea of what your into. Call any of the VSO's that have an office at your RO, try to get the MFIC or a Sr Service Rep on the line. Find out how many DRO's are on your RO's Staff. He should be able to find out exactly how many pending DRO Hearings have been handled in 2016. From there you can do the math. Keep in mind, you MUST submit the "New & Material Evidence," Mandated by the VA Reg for a DRO Review or Hearing.  Early receipt of your N&M Evidence, could trigger the VA Automatic Review of your Denial by a Sr Rater or actual DRO. You "could?" get an award or a Continued Denial, much sooner than the actual DRO Hearing.  FAILURE to submit the N & M Evidence, will guarantee you an Administrative Denial. At the 4 yr mark, I filed an Official Request for an "Informal DRO Evidence Conference." Never got the conference, but within 3 months I received the VA notification that my DRO Hearing was on deck for 6/28/14. I chose to go "Informal," no recording transcription. Hearing lasted 35 min, DRO told me he was awarding everything. I was out of the RO by 930am. VSO Rep had a copy of the DRO Award by 3:30 same day. Retro hit mid July, VA Award Letter, like Aug 1. It's not unusual for the DRO's Decision, to take up to a yr after a Regular (not informal) DRO Hearing. Semper Fi
    • Question about NOD wait time after applying.
      The best way to figure out where you stand with your NOD is to follow the VA Monday reports. Look up your Waco RO and click on the TA tab all the on the right side. It will tell you how many appeals your RO has waiting. Follow the reports for a month and you will get a general number of how many NODs the RO is completing. Even this is not a guarantee or totally accurate. Example: My brother in law in Connecticut had his DRO review done in 28 days. A friend of mine out of the Tampa St Pete RO has been waiting 2 1/2 years. The VA says the average is 377 days. I figure 12 to 18 months is the average. I am out of the NY RO. I figure two years for DRO review and then tag on another three years if it goes to the BVA judge. Good luck with your appeal!
    • PTSD Denied NSC - Schizophrenia NSC
      What diagnosis does his current treating psychiatrist list? How about mental health treatment in the past--did they diagnose schizophrenia? PTSD?  When did he first manifest symptoms of schizophrenia? When did he first receive treatment for schizophrenia? Sorry to ask so many questions, but that information will help me and others to give you more specific advice.  I agree with @Berta - you have a right to receive a copy of the C&P exam reports from VBA after the Rating Decision. Use VA FORM 3288 and either mail or fax it to the VBA Centralized Intake Center. If you mail it, do so in a way that gives you proof that it was received, e.g., U.S. Postal Service Signature Confirmation. If you fax the form, you will receive a fax receipt from the VBA centralized intake center. I attached a copy of VA FORM 3288 with some tips for how to fill it out. You can complete the form by printing it and then filling it out with a pen, or you can type your answers into the form, and then print it. Be sure to sign and date the form in ink. VA FORM 3288 is online at: http://www.va.gov/vaforms/va/pdf/VA3288.pdf All the Best, Mark VA3288-Request-for-Records-use-for-C-file_Requests.pdf
    • Question about NOD wait time after applying.
      When you file a NOD how long does it generally take on the average to hear back from a DRO?. I filed a NOD form last week with Waco, TX. Regional Office and also asked for a DRO Hearing right up front to get that part out of the way without further delays asking me what kind of DRO I wanted...  Never done a NOD before so any input on average time frame of initial response is helpful.  Just curious. Wayne.

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rickj55

Abestos Lung Desease And Copd

11 posts in this topic

Hello all,

I was just recently awarded a 30% disability due to asbestos exposure while on active duty. This came after a denial of my claim which was overturned by a DRO. My problem is in the award it stated my condition warranted a 60 %, but was reduced to 30 because I have COPD as well. My VSO told me they can't do that, that the 2 conditions are "inextricably intertwined" and I should be rated for both. Any one have the evidence I need to fighyt this further? Also in the original statement made by the examiner he stated I told him I was not on oxygen theraphy. This was not true I told him I was. What should I do?

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If it was my claim I would get a medical opinion that refutes the DRO and also ask for a review cause of the inaccurate information including any paper work that shows you actual condition and use of oxygen.

I would also ask your VSO to help.

Welcome to Hadit

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Hello all,

I was just recently awarded a 30% disability due to asbestos exposure while on active duty. This came after a denial of my claim which was overturned by a DRO. My problem is in the award it stated my condition warranted a 60 %, but was reduced to 30 because I have COPD as well. My VSO told me they can't do that, that the 2 conditions are "inextricably intertwined" and I should be rated for both. Any one have the evidence I need to fighyt this further? Also in the original statement made by the examiner he stated I told him I was not on oxygen theraphy. This was not true I told him I was. What should I do?

Here is the reg you need to use: That decision was flawed.

3.383 - Special consideration for paired organs and extremities.

(a) Entitlement criteria. Compensation is payable for the combinations of service-connected and nonservice-connected disabilities specified in paragraphs (a)(1) through (a)(5) of this section as if both disabilities were service-connected, provided the nonservice-connected disability is not the result of the veteran's own willful misconduct.

Read more: http://cfr.vlex.com/vid/383-consideration-paired-organs-extremities-19775527#ixzz1D11IwLA1

Basser

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Hello all,

I was just recently awarded a 30% disability due to asbestos exposure while on active duty. This came after a denial of my claim which was overturned by a DRO. My problem is in the award it stated my condition warranted a 60 %, but was reduced to 30 because I have COPD as well. My VSO told me they can't do that, that the 2 conditions are "inextricably intertwined" and I should be rated for both. Any one have the evidence I need to fighyt this further? Also in the original statement made by the examiner he stated I told him I was not on oxygen theraphy. This was not true I told him I was. What should I do?

Good Luck. My husband is on oxygen therapy on exertion and at night. He has pulmonary fibrosis and was exposed to agent orange. He also has Asthma. I wish they would recognize this. They did the IHD with AO, but not the lung disease.

Can you apply for Asthma with an agent orange connection?

He has also applied for PTSD. I have seen somewhere that some have said that there might be a link between Asthma and PTSD, but I really do not know.. It was not on this site, I do not think.

Mrs. Rockman

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Asthma is a lung condition. This is a question of the following?

The Veteran in this case has a service connected lung condition and another lung condition non service connected. They took away half of the rating because they decided they could. Well, they cannot do what they did to this vet.

You may be able to file a claim for the asthma aggravating your husbands IHD. Check into it.

Hope this helps.

J

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John can you expand on that?

Are you saying the lungs are a paired organ?

This vet must fight this decision-they are probably saying the COPD and any lung problems are not related but the VSO is right- they are "inextricably interwoven." ( COVA legalize) and the asbestos disability Must be aggravating the COPD unless somehow the COPD was diagnosed prior to the asbestos Problem???

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TITLE 38 - PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS

PART 3 - ADJUDICATION

3.383 - Special consideration for paired organs and extremities.

(a) Entitlement criteria. Compensation is payable for the combinations of service-connected and nonservice-connected disabilities specified in paragraphs (a)(1) through (a)(5) of this section as if both disabilities were service-connected, provided the nonservice-connected disability is not the result of the veteran's own willful misconduct.

(1) Blindness in one eye as a result of service-connected disability and blindness in the other eye as a result of nonservice-connected disability.

(2) Loss or loss of use of one kidney as a result of service-connected disability and involvement of the other kidney as a result of nonservice-connected disability.

(3) Hearing impairment in one ear compensable to a degree of 10 percent or more as a result of service-connected disability and hearing impairment as a result of nonservice-connected disability that meets the provisions of 3.385 in the other ear.

(4) Loss or loss of use of one hand or one foot as a result of service-connected disability and loss or loss of use of the other hand or foot as a result of nonservice-connected disability.

(5) Permanent service-connected disability of one lung, rated 50 percent or more disabling, in combination with a nonservice-connected disability of the other lung. (

b) Effect of judgment or settlement. (1) If a veteran receives any money or property of value pursuant to an award in a judicial proceeding based upon, or a settlement or compromise of, any cause of action for damages for the nonservice-connected disability which established entitlement under this section, the increased compensation payable by reason of this section shall not be paid for any month following the month in which any such money or property is received until such time as the total amount of such increased compensation that would otherwise have been payable equals the total of the amount of any such money received and the fair market value of any such property received. The provisions of this paragraph do not apply, however, to any portion of such increased compensation payable for any period preceding the end of the month in which such money or property of value was received.

(2) With respect to the disability combinations specified in paragraphs (a)(1), (a)(2), (a)(3) and (a)(5) of this section, the provisions of this paragraph apply only to awards of increased compensation made on or after October 28, 1986.

© Social security and workers' compensation. Benefits received under social security or workers' compensation are not subject to recoupment under paragraph (b) of this section even though such benefits may have been awarded pursuant to a judicial proceeding.

(d) Veteran's duty to report. Any person entitled to increased compensation under this section shall promptly report to VA the receipt of any money or property received pursuant to a judicial proceeding based upon, or a settlement or compromise of, any cause of action or other right of recovery for damages for the nonservice-connected loss or loss of use of the impaired extremity upon which entitlement under this section is based. The amount to be reported is the total of the amount of money received and the fair market value of property received.

Read more: http://cfr.vlex.com/vid/383-consideration-paired-organs-extremities-19775527#ixzz1D1iGe4kH

Edited by jbasser

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Any decisions showing that COPD and a heart condition are "inextricably interwoven"?

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Any decisions showing that COPD and a heart condition are "inextricably interwoven"?

They do go hand in hand, however they are not considered inter twoven, A person who has one condition Service connected and the other one NSC needs to get a doc to state the aggravation of each to each other.

J

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If it was my claim I would get a medical opinion that refutes the DRO and also ask for a review cause of the inaccurate information including any paper work that shows you actual condition and use of oxygen.

I would also ask your VSO to help.

Welcome to Hadit

I had a weird experience with lung problems..

I had pnumonia in the usaf and was hospitalized..

onc eina while I would complain to my doctors after I left the USAF about breathign issues shortness of breath..

I chalked it up to intestinal disease cuaind secondary issues..

I never put it in a claim..

my claim has always been chemical exposure, intestinal disease, and neurolgicial disease..

but, when I was hospitalized for the removal of a pancreas syct, I developed lots of othe rproblems..

for at least 2 months I had to breath into a tube to expand my lungs and they x-rayed my lungs at least once a day for 2 months, maybe more while I was an inpatient and confined to a bed for 6 months.. in the VA hospital with lots of blood infections, pancreas, etc..etc... they (the doctors and surgeons) kept grilling me eveyr day asking what I had worked with and what i was exposed too.. they told me I had spots growing in my lungs..)

a couple months later they told me the spots were o longer showing up...

keep in mind I was also getting lots of cat scans and mri's for the pancreas too..

I was not able to move on my own so they tried to do most in my hospitla bed but often I would be wheel into the x-ray dept.

I stil have no clue what happened with these lung problems, and after six months they no longer were concerned with my lungs..

gotta tell ya, it was very bizarre and they were very pushy when they wanted to know what was in my lungs..

I could only tell them my usaf jobs and was unaware about asbestos etc.... only what my jobs were..

btw, my father died of COPD,, he was a disabled Navy vet. he served at Hawai and the Marshal lIsland during Korea..

he smoked 2 packs a day and they still gave have him 100% disability without having to appeal.. they just gave him 1 exam.. he never went to one doctor during his whole life and I knew him until his death at age 62..

Edited by retiredat44

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