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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    • Proof C&P Exams are often frauds
      Wow, I go to my C&P Thursday.. Sorry to hear that man.
    • Increase Upgrade rather then DRO or Re open
      A claim for increased disability in a compensation claim that was previously denied because all service-connected (SC) disabilities were considered noncompensable is a “claim for increase.”   I received on Dec 30 2015 eed of 8/2015  I received a non  compensable rating of migraines the CNP and the DBQ  stated I was prostrate weekly so in 3/20/2016 I filed for an upgrade within the year I also submitted new evidence a DBQ by a VA doctor in my favor as well as pointed at the past evidence in the DBQ done during the CNP of the orig claim,    now I was told I Cant file for an upgrade unless a year has passed is that true even though I have new evidence? Also will the VA see that if I cant and change it to an UPgrade ?
    • Proof C&P Exams are often frauds
      I lived I a VA hospital 6 months with failed pancreas surgeries.. yet they take the word of a screwy C&P examiner over the 6 months of VA records as an inpatient. The doctors and nurses write every move you make, every word you utter. 6 months of those records fill up those huge paper boxes used for zerox paper. You would think the VA would read those records. Instead they send you to some doctor who is only there to make you look bad at a C&P exam. Instead of a neutral doctor the ones they use for the C&P act like you are a fraud. They see you for a few minutes ask questions like a bad interrogation, trying to trip you up with statements. Those answers that are undeniable proof are in the records from your service and the 20 years of medical records plus the 6 months as an inpatient.   IMHO  
    • PTSD Claim and Reconsideration transfered claim was lost and found very confused
      I am a Veteran who has been diagnosed with PTSD by my VA Doctors in Montrose NY they implored me to go to the Montrose PTSD unit and I was told that the Montrose VA only takes Veterans who have in service stressors. I filed my claim for PTSD in Aug of 2015 the denied me in Jan 0f 2016 and never sent me a SOC or denial letter and denied me with out a CNP and  with out reviewing my PTSD diagnosis of Aug 2015 and my stay at PTSD unit in Oct until Nov 2015 since then I asked for a reconsideration  of the PTSD decision after I surmised I was denied and I also submitted new evidence like my diagnosis and the the stay at Montrose PTSD unit and Buddy Letter from a shipmate I did this on 3/20/2016 they closed it with no letters sent no CNP etc no letters in system I was told to put it back in and I did on 4/42016 and it was closed again on 4/26/2016 I then was told to put contention back in I did on 4/30/2016 and this was closed on 5/6/2016 no letter no SOC no CNP no nothing. my case was in NJ regional office I contacted them and the Homeless veterans coordinator then got my caseopened EED of 3/20/2016, then he had my case transferred to NY because I am homeless in NY and then it was closed again, I was   recently at a  standown where a Homeless veterans person with the regional office in NY  who contacted me verified I was a homeless took a state ment , she contacted me and told me that my case was going to a special unit I also have congressional liason who has been supportive and in contact I should be red flagged for homeless and it was a FDC claim as well they have a congressional inquiry where they found an old appeal from 2014 that was never dealt with any ways I need to understand what is going on or if anyone has deal with a similar situation, { How long my appeal since 2014 DRO should that take and also how long should a reconsideration for a homeless vet take this is not a new claim any input please.
    • Exams during flare up?
      The Knee and Leg     Rating 5256   Knee, ankylosis of:   Extremely unfavorable, in flexion at an angle of 45° or more 60 In flexion between 20° and 45° 50 In flexion between 10° and 20° 40 Favorable angle in full extension, or in slight flexion between 0° and 10° 30 5257   Knee, other impairment of:   Recurrent subluxation or lateral instability:   Severe 30 Moderate 20 Slight 10 5258   Cartilage, semilunar, dislocated, with frequent episodes of “locking,” pain, and effusion into the joint 20 5259   Cartilage, semilunar, removal of, symptomatic 10 5260   Leg, limitation of flexion of:   Flexion limited to 15° 30 Flexion limited to 30° 20 Flexion limited to 45° 10 Flexion limited to 60° 0 5261   Leg, limitation of extension of:   Extension limited to 45° 50 Extension limited to 30° 40 Extension limited to 20° 30 Extension limited to 15° 20 Extension limited to 10° 10 Extension limited to 5° 0 5262   Tibia and fibula, impairment of:   Nonunion of, with loose motion, requiring brace 40 Malunion of:   With marked knee or ankle disability 30 With moderate knee or ankle disability 20 With slight knee or ankle disability 10 5263   Genu recurvatum (acquired, traumatic, with weakness and insecurity in weight-bearing objectively demonstrated) 10
    • Exams during flare up?
      §4.40   Functional loss. Disability of the musculoskeletal system is primarily the inability, due to damage or infection in parts of the system, to perform the normal working movements of the body with normal excursion, strength, speed, coordination and endurance. It is essential that the examination on which ratings are based adequately portray the anatomical damage, and the functional loss, with respect to all these elements. The functional loss may be due to absence of part, or all, of the necessary bones, joints and muscles, or associated structures, or to deformity, adhesions, defective innervation, or other pathology, or it may be due to pain, supported by adequate pathology and evidenced by the visible behavior of the claimant undertaking the motion. Weakness is as important as limitation of motion, and a part which becomes painful on use must be regarded as seriously disabled. A little used part of the musculoskeletal system may be expected to show evidence of disuse, either through atrophy, the condition of the skin, absence of normal callosity or the like.        §4.45   The joints. As regards the joints the factors of disability reside in reductions of their normal excursion of movements in different planes. Inquiry will be directed to these considerations:  (a) Less movement than normal (due to ankylosis, limitation or blocking, adhesions, tendon-tie-up, contracted scars, etc.).  (b) More movement than normal (from flail joint, resections, nonunion of fracture, relaxation of ligaments, etc.).  (c) Weakened movement (due to muscle injury, disease or injury of peripheral nerves, divided or lengthened tendons, etc.).  (d) Excess fatigability.  (e) Incoordination, impaired ability to execute skilled movements smoothly.  (f) Pain on movement, swelling, deformity or atrophy of disuse. Instability of station, disturbance of locomotion, interference with sitting, standing and weight-bearing are related considerations. For the purpose of rating disability from arthritis, the shoulder, elbow, wrist, hip, knee, and ankle are considered major joints; multiple involvements of the interphalangeal, metacarpal and carpal joints of the upper extremities, the interphalangeal, metatarsal and tarsal joints of the lower extremities, the cervical vertebrae, the dorsal vertebrae, and the lumbar vertebrae, are considered groups of minor joints, ratable on a parity with major joints. The lumbosacral articulation and both sacroiliac joints are considered to be a group of minor joints, ratable on disturbance of lumbar spine functions.   §4.59   Painful motion. With any form of arthritis, painful motion is an important factor of disability, the facial expression, wincing, etc., on pressure or manipulation, should be carefully noted and definitely related to affected joints. Muscle spasm will greatly assist the identification. Sciatic neuritis is not uncommonly caused by arthritis of the spine. The intent of the schedule is to recognize painful motion with joint or periarticular pathology as productive of disability. It is the intention to recognize actually painful, unstable, or malaligned joints, due to healed injury, as entitled to at least the minimum compensable rating for the joint. Crepitation either in the soft tissues such as the tendons or ligaments, or crepitation within the joint structures should be noted carefully as points of contact which are diseased. Flexion elicits such manifestations. The joints involved should be tested for pain on both active and passive motion, in weight-bearing and nonweight-bearing and, if possible, with the range of the opposite undamaged joint. These are some of the references 
    • Exams during flare up?
      I actually was referencing the CFR but that is a good find.
    • Assistance With Sleep Apnea Claim
      I been diagnosed with Mild Sleep Apnea, how the VA came up with Mild is beyond me, ? my sleep study was done outside the VA & VA they got the results back from this private sleep study, the tech that did my study hook up about 15 or so wires all over my head /neck/chest area & woke me up after I was sleep for 4 hours, he told me I stop breathing several times & then hook me up with a C-Pap  and I did 100% better  the results was sent to the VA, VA said I had mild Sleep Apnea???but did Diagnose me with Sleep Apnea and prescribe me a C-PAP to start using immediately.  Now I am going to ask my MH Doc if that can be the same as OSA? & can that be aggravated by my PTSD & the Meds I take from it. she may not help me ? but I'm not going to tell her I'm filing a claim secondary to the aggravated  to the PTSD. if my Doc says it can be and puts it in my Notes I'll make copies and submit that with my claim..I know I may need to get a Dr to nexus the two..I'm working on that now...but what pisses me off why did the VA say I had Mild Sleep Apnea? Sleep Apnea is Sleep Apnea... According to the Tech that did my sleep study..I had OSA/Sleep Apnea...but he could not say that because he was only a Tech  a specialist Sleep Dr would need to opine that. I never heard of Mild Sleep Apnea? so if the Raters or the C&P Examiner says  denied for ''Mild Sleep Apnea''  is probably why the VA mention 'Mild'' jmo   ..............Buck
    • DRO review Congressional Inquary
      This below is the information I received the appeal I was not able to see for almost two years the regional office could not view it, and then the homeless veterans coordinator found it in the system and after two years of this appeal being lost this is what they have done within a week  it was posted on Ebenefits and when I called the 1800-827-1000 number they said that my appeal looked like it was stating eczema and Dermatitis in the system instead of a folliculitis claim for Inc could the VA having seen there CUE from losing my appeal to the DRO now be expediting it also since I am homeless and  I went to a standown where a coordinator helped me along with the Congressman. Also I am unable to tell if there the congressional inquiry is about my reconsideration I have re opened but the VA keeps closing in error it stated it is closed now but they say they are reopening the reconsideration I have new evidence there is a cue and there is evidence I submitted they never reviewed any help please<<<< Latest Progress Status Description Received 05/26/2016 Appeal Pending - Notice of Disagreement VA has received your Notice of Disagreement. You will be receiving a communication from VA in the near future describing the next steps of your appeal.   Pending Disabilities Table of Pending Disabilities Disability Submitted Type Actions Congressional Inquiry 05/18/2016 NEW   Folliculitis Face/beard 03/20/2014 INC
    • DRO review Congressional Inquary
      This below is the information I received the appeal I was not able to see for almost two years the regional office could not view it, and then the homeless veterans coordinator found it in the system and after two years of this appeal being lost this is what they have done within a week  it was posted on Ebenefits and when I called the 1800-827-1000 number they said that my appeal looked like it was stating eczema and Dermatitis in the system instead of a folliculitis claim for Inc could the VA having seen there CUE from losing my appeal to the DRO now be expediting it also since I am homeless and  I went to a standown where a coordinator helped me along with the Congressman. Also I am unable to tell if there the congressional inquiry is about my reconsideration I have re opened but the VA keeps closing in error it stated it is closed now but they say they are reopening the reconsideration I have new evidence there is a cue and there is evidence I submitted they never reviewed any help please<<<< Latest Progress Status Description Received 05/26/2016 Appeal Pending - Notice of Disagreement VA has received your Notice of Disagreement. You will be receiving a communication from VA in the near future describing the next steps of your appeal.   Pending Disabilities Table of Pending Disabilities Disability Submitted Type Actions Congressional Inquiry 05/18/2016 NEW   Folliculitis Face/beard 03/20/2014 INC

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broncovet

Why Is Your Claim Taking So Long?

3 posts in this topic

Probably half the posts here involve "how long does it take"..in some form or other. Just in the past year, the claims over 125 days have MORE THAN DOUBLED. No wonder Vets are upset.

http://vetlawyers.com/vetblog/index.php/2011/09/new-york-representatives-challenge-va-to-improve-disability-claims-process/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+BergmannMoore

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The excuses I have heard is the recent presumptive conditions related to AO exposure and the Nehmer Effect that would give these Veterans head of the line status.

J

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The VA always has excuses. The facts are the VA is really what Congress and President want for Veterans. At least the Court straightens things out when it is to unbalanced.

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