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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    • VA CUE Request
      thank you for your replies. Berta: I currently work and plan to do so unless/until I start losing it a little more and I see no other option but to venture into TDIU. I'm in mid 30s and have young kids so I'll need to continue working. Broncovet: My vertigo is usually once a 2-3 weeks but recently had few falls right outside the house which led me to hospital. nothing serious but cuts and bruises at this point but started worry me a bit. VA had me do complete balance test and revealed I have abnormal balance issue. I don't know how to reply back to your question regarding TBI... I'm just out of it most of the times and I try extra hard to concentrate to get things completed that others may not realize. BLUF, I rely on my wife heavily on daily basis. I'm not sure if I'll still be here without her support and guidance.   I last read the letter one more time and I thought VA is recommending to re-evaluate my TBI residual symptoms to include the vertigo? my current rating for TBI is residuals from memory loss and concentration. how should I go about the appeal? do I visit VSO and express my concerns? is it even worth it when it's pretty clear of VA's mistake? thanks a bunch again.  
    • DRO hearing
      How does a CUE work? Does the DRO have to CUE themselves or does a supervisor do it?
    • Is it possible to back date disability pay to time of injury?
      When did you actually get out and when did you file your claims?
    • Is it possible to back date disability pay to time of injury?
      Yeah Kinda figured it was a pipe dream. I wasnt sure if anyone had seen this happen before or not.
    • Is it possible to back date disability pay to time of injury?
      The crazy one here, there are too many scenarios for anyone to properly answer your question.  A lot of our claims are alike but they are also very different. Without knowing how/when  he filed his claim and the steps he took it would be pure speculation on anyone's part to guess.  If and only if you filed a claim back in 2007 and was denied then you found records of your injury and then you filed a new claim in 2012 and was granted service connection then you could request an earlier effective date under CUE but outside of that there is no way VA will back a pay retro payment without a veteran filing a claim.  Even with a veteran filing an earlier claim VA will put the veterans' claim through the wait and see if the veteran miss a suspense date so we(VA) can deny his/her claim.
    • Is it possible to back date disability pay to time of injury?
      I asked him if he knew why/how they back payed him to deployment and he said he didnt know. He doesnt want to ask questions though for fear of them taking the money back. If it werent for the fact that he showed me his bank account with a $50,000+ transfer from the treasury i would think it was bull shit
    • PTSD Denied NSC - Schizophrenia NSC
      to add... These 2 conditions of PTSD and Schizophrenia can overlap as these cases show. The medical term is called comorbid conditions. Mark gave excellent advise…….schizophrenia is a psychosis that falls under the Chronic presumptives, if there is evidence at least of 10% upon discharge. But it all depends on getting all of his records and then obtaining an IMO/IME   “FINDINGS OF FACT   1.  In 1980, VA amended its regulations to include PTSD.   2.  The first communication from the Veteran claiming entitlement to service connection for PTSD is dated April 13, 1995.    3.  The evidence shows the Veteran has had overlapping symptoms of PTSD and schizophrenia since service.      CONCLUSION OF LAW   The criteria for an effective date of April 13, 1994, for a grant of service connection for PTSD, have been met.  38 U.S.C.A. §§ 5101(a), 5110 (West 2002 & Supp. 2011); 38 C.F.R. §§ 3.1, 3.151, 3.155, 3.400 (2011). “   http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp12/Files1/1201318.txt   “The RO received the veteran's new claim for service connection for PTSD on October 5, 1992.  As indicated above, this claim served as the basis for the RO's April 1992 rating action that granted service connection for PTSD, and subsequent, October 2002 rating action that also granted service connection for schizophrenia, and assigned an effective date of October 5, 1992, for the grant of service connection for PTSD with schizophrenia."   http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp04/Files3/0423610.txt”    
    • VA CUE Request
      You may need to appeal just on the vertigo issue alone. (It wont hurt to appeal other issues also.)  How bad is your TBI??  
    • PTSD Denied NSC - Schizophrenia NSC
      I sure agree with Dr Mark here:  "It sounds like they are not disputing that fact, but are instead saying that he is not displaying PTSD symptoms (or not many) currently." When I was a vet center volunteer, I observed many vets who were reluctant to detail their stressors and their symptoms for the VA. And I know at least 3 GSW vets who do not consider their GSWs as  a stressor. (Because they had so many more stressors they felt were worse than that)  It is quite possible that he is holding back on talking about Vietnam.I know plenty of vets who have hidden their symptoms when they could. He might have even served with my husband 65-66 out of Danang AB, which he described as a year in Hell on earth. There are multiple indications of PTSD in observed behaviors and the schizophrenia could be even masking them. What surprised me when I worked at a vet center is how many vets there, already compensated for PTSD, would tell me things they would never tell the VA. It often takes someone to draw these veterans out. One vet told me something horrific that could easily have been verified by VA. But he was already getting his proper VA PTSD comp. I told him I felt he should bring it up with his VA shrink because he suffered from it with flashbacks and nightmares. Sharing and Getting things out in the open makes it so much easier to deal with it.But he said he could never tell his VA shrink about this horrible event because she was a woman.I reminded him, I am a woman and he had just told it all to me. PTSD has some unique symptoms. Did the VA give him the Combat related MMPI?          
    • VA CUE Request
      Well, they are proposing a reduction from 80 to 70, they say, because they made an error and paid you twice for vertigo.   I agree their explanation does not make sense.  Vertigo can be a symptom of ear problems, or of TBI.   How frequently do you have vertigo?? Here is 38 CFR 4.87, in reference to Vertigo: 6205Meniere's syndrome (endolymphatic hydrops):   Hearing impairment with attacks of vertigo and cerebellar gait occurring more than once weekly, with or without tinnitus 100 Hearing impairment with attacks of vertigo and cerebellar gait occurring from one to four times a month, with or without tinnitus 60 Hearing impairment with vertigo less than once a month, with or without tinnitus 30 Note: Evaluate Meniere's syndrome either under these criteria or by separately evaluating vertigo (as a peripheral vestibular disorder), hearing impairment, and tinnitus, whichever method results in a higher overall evaluation. But do not combine an evaluation for hearing impairment, tinnitus, or vertigo with an evaluation under diagnostic code 6205.

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Cm Burns

Temp 100% For A Service Connected Condition

7 posts in this topic

I am trying to find out how to go about the temp 100% for my sc condition. do you have to wait until youare already in the hospital for 21 days or do you/ can you do the paperwork as soon as you are in. please advise i am trying to und the process. I am going into an inpatient program and need to figure out what to do and how. How do you apply for it, do you just call the toll free number or are there other ways. Please help. I will at least be in the hospital 30-90 days once I am in there. please help and tell me how it works thnx in advance.

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Since you would need records to prove that you were hospitalized more than 21 days, I would think that you have to apply retroactively. I doubt that the VA will pay you in advance for a hospital stay, or even while it is occurring. It has been my experience that the VA pays after the fact.

I could be wrong, maybe someone else has done it differently.

But after your stay is completed, all you need to do is fill out a VA from 21-4138 Statement of Claim and the records from your hospital stay and sent it to your VARO - remember to put your Social Security number at the top of each page.

Hope this helps...

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I went thru a PTSD program, back in 1990, and they had us fill out the paperwork, after we had been there 21 days.

pr

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Ditto on Bonzai and pr,

They will have you fill out the paperwork after you have been an inpatient

for the full 21 days - not applicable to submit it in advance.

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A person I know who is in a treatment program now had to sign all the treatment consent forms upon the first day of admission. The program director informed him the VARO would receive confirmation regarding his participation in the treatment program in the 4th week and then at the completion of the program. The vet said he was concerned about financial responsibilities he had, and that's why they told him that.

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I am trying to find out how to go about the temp 100% for my sc condition. do you have to wait until youare already in the hospital for 21 days or do you/ can you do the paperwork as soon as you are in. please advise i am trying to und the process. I am going into an inpatient program and need to figure out what to do and how. How do you apply for it, do you just call the toll free number or are there other ways. Please help. I will at least be in the hospital 30-90 days once I am in there. please help and tell me how it works thnx in advance.

I don't know a lot about this. The regulation number used to be 38 CFR 4.29 but I think I later saw the regulation at 38 CFR 4.129. I think these claims can be filed while the patient is an inpatient after the 21st day of hospitalization with the help of a service organization.

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Does anyone know how long it takes to have the temp 100% awarded once they are passed that 21st day. is it like a regular claim or does it move somewhat faster... has anyone here done it and if so will you tell me how your experience was.

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