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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    • DONT USE VSO
      There are some Great VSO's out there that will do any thing they possibly can do for the veteran to help win his/her claim, and there some that just milk the system.  A veteran needs to wise up and learn the system himself and work his own claim if he don't get a good VSO & not help or be of any help ...when that happens its time to Fire the VSO. Choose another if he wishes  but the important part here is learn how the system works  & educate himself to the VA.  In cases of some vets they have to rely on a VSO for help   if they don't have a computer or know how to use one or live in a remote area. if its going to be by snail mail  then the VA should send the veteran all the information he needs and have the vet to send in a FOIA and then let the VA Request all the records and medical they need to adjuicate the claim. beings they do send out a NOD form  in case the vet is denied, with the information as what to do with the NOD. Veterans need to keep ALL copies VA sends them no matter what. Until the veteran is denied andfiles an appeal and don't know diddly about the VA system  then its time to DROP THE VSO and find a good experienced VA  Attorney.   I wonder what would happen if a veteran wrote the VA   letter and stating'' please help adjuicate my claim, I do understand the VA has an Obligations to ASSIST THE VETERAN in the claims process  my VSO does nothing to help and I am lost as what &how to persure my compensation claim
    • Hypertension(high Blood Pressure)
      I just received my rating...hypertension rated 0%.  I have BP which hoovers around 140/98...so no 100 or more Diastolic.  I am taking medication now due to doctor's recommendation which brought it down to 130/80s.  To receive higher rating, does the readings have to be 100+ WITH medication?  I am thinking with med increase as the time goes it probably will never go higher...unless I am close to heaven.
    • Just got my C&P letter, what to expect?
      Did you ever get a copy of your service medical record? The way they do it now, its digital and pretty quick to access that info. No prep needed for a C&P exam.  Just show up.  Its good to understand the rating process, and what the C&P examiner should be doing at the exam, but not required.  I went through the DBQ forms that they have on the VA Web Site for my conditions so that I would understand what was going on and why.  You can find the DBQ's here. They want to check out what is in your claim for the most part.  They are not there to treat you as a patient.  If you have records to show them, to back up your claim for service connection, you can take them, but the examiner is not required to look, some do, some dont.  Wear something comfortable, that wont interfere with the examination, I wore some gym shorts and a T shirt. Gluck.
    • DONT USE VSO
      Mitch I have been around the VA block since 1981. There are some Great VSOs but are the ones who are always overwhelmed and probably burn out very fast. I happened to gop throught this whole post Broncovet had stated: "Posted October 7, 2015 · Report post According to the BVA chairmans report, State VSO's have the worst record (of wins for the Veteran) of all.  Attorneys have the best record." I filed a 43 page complaint with the VA OIG on my state's so called VSOs.  Of the 4 I mentioned with evidence, only one kept their job but was demoted. They also continually felt my AO DMII claim had no basis whatsoever.And they lied about the substance of a DRO review one of them showed up at. I was absolutely delighted to contact the state  Dept of Vets affairs attorney (who know of the complaint with the OIG) to tell him I not only won that case (the most important one I ever filed) but I also won a 3 part CUE they didnt think would succeed. I also sued the former DAV Rep I had  in Federal court.There was no monetary gain because I just wanted to show him and the DAV lawyer how  piss poor his representation was. His lawyer called me aside after I deposed this rep  and told me to become a lawyer. They were shocked that  I had won a FTCA case and the DAV ignored the significance of that for my 1151 DIC issue. I am sure you will do a very good job at repping vets and their survivors.So don't take our comments personally.... But after I got rid of using VSO or vet reps, I did much better with getting my claims resolved. I don't get it. I had the same training they had from NVLSP but never went to the seminar. I didn't need to go to the seminar, I have purchased the annual VBM from NVLSP since 1991 . The VBMs I donated to my state reps ,when I first though they were really on the ball, went unread by them and were unaccessible to any veteran who might want to peruse them at their office on the grounds of a VAMC. More and more vets are handling their claims themselves with the help of hadit and the internet. I have seen countless remands from the BVA whereby their representation did NOTHING to get the case resolved sooner and at a RO level. Even my VCAA letter was illegal but my state reps did not care .The state Director suddenly was replaced after I sent the OIG a letter he had sent to me. saying it was legal.Even the BVA agreed it was not. I just hope that because of my efforts ,neither the State of NY nor the DAV here in NY ever treated widows,after all that,  like shit again.            
    • DONT USE VSO
      My experience with VSO's was very negative.  First encounter, I gave the guy the POA, when I left he pretty much told me to submit it on my own.  Needed to check up on status, took him 5 weeks to call back.  I quit trying.  Went from the local county guy to the state guy, he was just as helpless.  I proceeded to ID the CUE in my decision, and in 4 months I was finished, and I won.  Hadit.com had a big part to play in that. VSO's might help some Vets that are not capable of dealing with the administration, but the quality of service that I got sucked.  I would not refer anyone to let a VSO go solo on a claim for disability.  It's too important to get it right the first time, if they dont, you are left holding the bag for years. VSO's have a direct line of communication with the RO.  When they refuse to give the same accord to Vets who file thier own claims, they shut us out.  I should have as much, if not more access, than the guy that has my POA, to communicate directly with the individual who is processing and making decisions on my claim.  The system should be restructured from the ground up.The rating personnel should be present at the local VAMC where they can speak face to face with the Vets, so they can get the job done right the first time.
    • DONT USE VSO
      I find this post sad and disturbing considering that I am a (new) County VSO who focuses on our issues as veterans.
    • Guidance request on C&P exam - PTSD, hearing loss, and tinnitus
      I think I managed to answer my own question ,in a way....apparently a GAF can change over time. I just went to the BVA and notice GAF scores had changed in a few older decisions regarding PTSD. over time ..when VA depended on GAF a lot. I forgot too that my husband's went from 34 to 26. But I don't think it can be challenged ,however ,if the veteran is deceased and only one GAF score had been determined prior to their death and the decision was not appealed.    
    • Guidance request on C&P exam - PTSD, hearing loss, and tinnitus
      Mark, have you ever seen a high GAF score successfully challenged? Although VA does not depend on GAF anymore, it was a controlling factor in many of their past PTSD decisions.    
    • Guidance request on C&P exam - PTSD, hearing loss, and tinnitus
      Mark, have you ever seen a high GAF score successfully challenged? Although VA does not depend on GAF anymore, it was a controlling factor in many of their past PTSD decisions.    
    • New here - Knee pain?
      What treatment option did the doctor suggest?

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crowell98335

Will The Va Pay Back Pay If It Is Over Twenty Years Of Back Pay

29 posts in this topic

I Was in the US Army from June 1979 to April 1989 got to the rank of Sgt(P) when i was hit with a AR 15 and depromonted to SP4/E-4 then was told I have some thing was worng with me i was acting diffent (Ten years later i will fine out it was schizophrenic/PTSD was with me) my MOS was 96b10(that is Milltary Intelligence Anallyst to you who dont know it) at the time of my ETS i have three gcm, two arcom in told i could wear a three row of three I was with the 2nd Bn of the 502nd Inf AASLT of the101ST ABN AASLT most of my time in. I had a TS SBIG with a SCI clearance and the last nine months of my time in I was on KP they didnt know what to do with me.

Now you know about me here is my question is if i do get the holly thing of iu at 100%( I am at 30% for my ankles) will the VA back date the pay ie reto the 100% to Feb 09, 1990 when I first put in my claim in and been having a open claim from then on that is over twenty years of back pay ie over $600,000.00 dolars if so that with them mis the pay they all ready gave me inclued? And will I need a payee? If so can it be my wife who been with me from Sept 1979? If not why so? And if they pay for dep will they ie VA pay for my wife even if she is the main bread winner now and my four dau I have also even if they are now over twenty years old?

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Not knowing all the particulars to your situation,

In order for you to get 20 years back pay; you must have had a diagnosis of schizophrenic/PTSD 20 years ago and you filed a claim for it and it was never rated or VA made an error in their decision. Keep in mind that you will now have to have a current diagnosis, an in-service diagnosis or a diagnosis within one year of your separation and a nexus statement (medical opinion) that these conditions are related or are the same. It is most likely that VA will only back pay you to when you filed your most recent claim for schizophrenic/PTSD/TDIU. It is possible but not likely that you have had an open claim for 20 years. Thank you for serving our country.

P. S. This means absolutely nothing to the VA for your service connection, they do not care. "at the time of my ETS i have three gcm, two arcom in told i could wear a three row of three I was with the 2nd Bn of the 502nd Inf AASLT of the101ST ABN AASLT most of my time in. I had a TS SBIG with a SCI clearance and the last nine months of my time in I was on KP they didnt know what to do with me".

Edited by pete992

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If you filed a claim that was never decided in 1990 that should be your effective date.

That is an odd one. You need to find the regs that were in effect in 1990 as the VA rates claims that old according to the regs in effect at the time.

At 100 percent the VA pays for the spouse and children provided the kids.

Also an interesting factor is the 20 year protection rule. If you are awarded a claim that old it should alrelady be in protected status meaning the SC cannot be severed except in the event of fraud.

J

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I agree that, based on what you posted, you have an "open" claim, and, if awarded, you can file an EED for retro back to 1990.

However, grab your popcorn for "Rocky VII" because you are in for the fight of your life. Start training at the gym now, because its likely gonna take ten years. Expect the VA to delay this until you die. It is a virtual certainty this wont be approved by a rating specialist at the RO level. BVA is minimum, and I am really thinking it will take CAVC or above to get this effective date. The VA is famous for fighting these tooth and nail....they dont pass out 600,000 checks at parades to children who scramble for the goodies. Most Vets give up or pass away first. Dont be one of them.

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I'd have to see your actual claim and any awards/denials, since then, to even make an educated guess. The court ruled, a while back, that claims not mentioned, in a decision letter, are to be considered denied, even tho not mentioned, or something like that. Not sure if that would include your claim.

pr

I Was in the US Army from June 1979 to April 1989 got to the rank of Sgt(P) when i was hit with a AR 15 and depromonted to SP4/E-4 then was told I have some thing was worng with me i was acting diffent (Ten years later i will fine out it was schizophrenic/PTSD was with me) my MOS was 96b10(that is Milltary Intelligence Anallyst to you who dont know it) at the time of my ETS i have three gcm, two arcom in told i could wear a three row of three I was with the 2nd Bn of the 502nd Inf AASLT of the101ST ABN AASLT most of my time in. I had a TS SBIG with a SCI clearance and the last nine months of my time in I was on KP they didnt know what to do with me.

Now you know about me here is my question is if i do get the holly thing of iu at 100%( I am at 30% for my ankles) will the VA back date the pay ie reto the 100% to Feb 09, 1990 when I first put in my claim in and been having a open claim from then on that is over twenty years of back pay ie over $600,000.00 dolars if so that with them mis the pay they all ready gave me inclued? And will I need a payee? If so can it be my wife who been with me from Sept 1979? If not why so? And if they pay for dep will they ie VA pay for my wife even if she is the main bread winner now and my four dau I have also even if they are now over twenty years old?

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I see here an ankle claim was filed and awarded.

When did you formally file for schizophrenic/PTSD?

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that was the first thing my wife and mom did back in Feb 1990 when I try to walk off a brige that is over a hundred ft tall

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I have a CUE claim that involves a claim that goes back to 1971. If I was you I would hire a lawyer for this claim of yours since the VA is going to be hostile to paying you 100% or IU back to 1990. If you claim was never adjudicated and is still open I still think you need a real pro on your side. There is just so much money at stake the VA is going to drag you to the BVA and beyond. What kind of discharge did you get? If you filed in 1990 for schizophrenia do you have a copy of the claim you filed? Is it in your C-file. I would concentrate for now on getting TDIU for schizophrenia/PTSD and then worry about the effective date. You must show that the VA did not deny your claim and that it fell through the cracks. It can happen. Scan the decision to this board if you can like Phil and others say so we can look at it.

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that was the first thing my wife and mom did back in Feb 1990 when I try to walk off a brige that is over a hundred ft tall

Hopefully you have a date stamped copy of your claim for mental health

that is signed by you - not signed by your wife or mom.

Also, what exactly in stated on your Rating Decision that granted

30% SC for you ankle.

Everything but personal info like name, claim number, address, SSA #, etc...

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News Flash they have my claim at the rating desk been ther from March 3rd 2011 it just taking 254 months to get there WOW lol

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You have not worked since 1990? Is that correct? You are getting expert advice, but I'm hung on the not worked since 1990 & you are only 30%. What did I miss?

Good Luck,

Don

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you are right have not work from Jan 1990 been marry from Sept from 1979 to my wife who is the bread winner from April 1990 I will get $673,280.00 dollars been on SSDI from 1994

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Who told you you are getting 673,000 bucks? Did you recently re-file for mental condition? I am missing something. Who told you the VA is adjudicating the original 1990 claim?

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My VSO called and told me my claim is at the rateing board for the second signatury and said it the 1990 claim I been waitting for

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Hey there, crowell

I would not get my heart set on getting all this money if I were you, it may come but there is a lot of stuff to do before it is even possible. You may not even get 100% even if you do get an award, and it may take years.

Not trying to be a downer but I would hate for you to be disappointed.

Do you have your service medical records? Do they show any Mental Health treatment in service? If they do your going to have a much easier time getting compensation from the VA. If not, you need extensive records and a VA doctor to diagnose and show treatment for your PTSD. You will probably be unable to get service connection for schizophrenia unless your service medical records show it developing while in service. So you need to do some research on the PTSD claim filing. There is plenty of info here on hadit about it.

Also, PTSD is not like an agent orange claim where the retro goes back to the first claim date automatically. You would most likely just need to establish service connection now and wait for an award, and then apply for an earlier effective date back to 1990. But they won't just automatically go back to april 1990 until they have established your rating or service connection.

Having schizophrenia may also hurt a claim for PTSD, they may trying to pin any PTSD symptoms on the schizophrenia, so I would start getting all your treatment records together and make sure you are being treated at a VA medical facility for these conditions to create records if you don;t already have them.

you are right have not work from Jan 1990 been marry from Sept from 1979 to my wife who is the bread winner from April 1990 I will get $673,280.00 dollars been on SSDI from 1994

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as most have said here if the va owe there going to take you and run you around to the end.

but if you have proof of a claim va missed you can win. i did a cue of my intail rating from services. gets to bva stated that my claim has been in appeal status

say my appeal has been pending since 1993 even open and informal iu claim from 1993 i thought wow great. i was granted both issues 2001 so should now be effective 1993 alot of retro.

i been 2yrs since bva has made the decision and the informal iu claim was remaned been at amc for 2 yrs and bva or amc will not answer why both are not effective 1993 now.

now part is at the court and part is at amc and part now is going back to bva. and i just did a cue of a 1993 decision soon as it was found that it has been pending from 1993 all this started.

so i say all this. to show even when va mess up with a claim and they owe they will run you around and hope you miss a deadline to end your claim.

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Yes, a fight for your life you will have. I have been there.

I believe you posted you were acting strange in service.

Is this in your Military Medical Records and were you on meds

for a mental conditon in service?

If so, do you have these records.

You filed for a mental condition in 1990? What mental conditon did you file for?

I know I filed for nervousness, but re-opened the earlier claim under anxiety.

In the end, the words came out to mean the same by the BVA Judge.

I sent all of my post medical records and military records to a Forsenic Psychiatrist

for his review, but did go to see him after he studied them for about 3 weeks.

I was treated for a nervous conditon, or personality disorder in service with Librium and discharged for what they called

a "Personality Disorder".

This Psychiatrist was able to review all my medical records, which I had for 40 years and

was able to state what the military called a "Personality Disorder", was in fact the beginning of my Anxiety.

I was awarded 100% for "Chronic Anxiety P&T in 2008 and 100% in 2005, but was awarded by the BVA Judge

retro to 1992.

I sure hope this helps you some.

This was an extremely hard claim to receive and was only accomplished with all the help of each and every member of Hadit.

Always,

Josephine

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...

... here is my question is if i do get the holly thing of iu at 100%( I am at 30% for my ankles) will the VA back date the pay ie reto the 100% to Feb 09, 1990 when I first put in my claim in and been having a open claim from then on that is over twenty years of back pay ie over $600,000.00 dolars if so that with them mis the pay they all ready gave me inclued? And will I need a payee? If so can it be my wife who been with me from Sept 1979? If not why so? And if they pay for dep will they ie VA pay for my wife even if she is the main bread winner now and my four dau I have also even if they are now over twenty years old?

???? ... Did you ever receive a "letter of denial" for the PTSD after the 1990 incident?

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yes i did but i keep the thing going by reflieing with new stuff

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but i was told the VA don't think my mental condition is done by the Army but i had it before I went it in that was there reson befor for the delay. Now my qustion is I been waitting from April 19 to now for that second signatury from one person my file has been at the on that person desk from March 03, 2011 How long I have wait intill I get that second signatury?

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the VA has no time limits and it can still be reviewed and sent back not to bust your bubble but even denials have to be "approved" I would not be looking at new houses or new cars or pickups anytime in the near future nothing with the VA is guaranteed and believe nothing until the money is deposited I like things in writing and have never trusted anything anyone ever told me from the govt and I have really learned to trust them after I get the money

good luck but something tells me you still have a lot of fight before you see a check for 673,000 dollars from the VA

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Your claim for TDIU has been in appeals for 20 years? Well, if it has been open and in appeals you can't file a CUE. When is the last time you sent in evidence of being unemployable? Have you been unemployed for the last 20 years? Do you get SSD? If you get a denial this time or low ball you better hire a good lawyer. The VA won't turn over 600,000 bucks without a fight. I know some Nehmer vets have got huge amounts but that does not include a 20 year old TDIU claim. Where has it been for the last 20 years? Has it just sat at the VARO?

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yes i did but i keep the thing going by reflieing with new stuff

crow,

"reflieing with new stuff" is probably going to bring in

different effective dates.

If you are LUCKY - you may end up with some staged ratings.

I would also agree to NOT BANK ON $600K.

JMHO

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Yes, you have a claim on appeal for five years and then send in one piece of new evidence and they grant your appeal and base the effective date on the day they got the new evidence. They did this to me. My claim was on appeal since 1997 and I won after going to the BVA and getting a remand and then being denied again. I sent in one more piece of evidence after all that and I won a higher rating with ED as of 2001. The thing was on appeal for five years with trips up the line to the BVA and back. The VA is sneaky.

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Yes, you have a claim on appeal for five years and then send in one piece of new evidence and they grant your appeal and base the effective date on the day they got the new evidence. They did this to me. My claim was on appeal since 1997 and I won after going to the BVA and getting a remand and then being denied again. I sent in one more piece of evidence after all that and I won a higher rating with ED as of 2001. The thing was on appeal for five years with trips up the line to the BVA and back. The VA is sneaky.

Sneaky Bastards

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News Flash they have my claim at the rating desk been ther from March 3rd 2011 it just taking 254 months to get there WOW lol

See how fast that was.... Only 120 months left. I hate to say this, but I feel like they rather for me to die than get my claim paid.

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I believe this can't be answered by anyone here, unless we see the claim. I don't believe you are giving us the full story. VA can't keep your claim in review for 20 years and not submit to you a decision. There has to be legal action that you can take if that was to happen. I believe you should add compulsive liar to your claim. That would be an instant approval for you. Don't bank on $638k. You better off robbing Bill Gates or Oprah.

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Old topic thread - now being closed.

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What was the outcome?

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This topic is now closed to further replies.