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How to Get your VA C-File




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    • Completed Claim
      I've been following my claims process through EBenefits. My claim status says completed however its been 3.5 weeks and still have not received my  determination letter. Since I'm extremely familiar with the process due to previous completed claims my determination letter were at my residence within 7-10 days. Since its been 2 years in the making and a prod from my congressman I deserve the written decision now!
    • What Protections come from being P&T?
      Did some research and found the following information. I going to post it for those who are also interested in this topic What is a Permanent & Total rating? In the language of your VA, the word permanent does not mean that your benefit is permanent! To have a 100% P & T rating only implies that your dependents are eligible for benefits like DEA & CHAMPVA. Your rating is NOT protected! There is but one way to achieve a "protected" rating...you must hold it uninterrupted for 20 years. Until you've held the rating for 20 years VA may contact you at any time to evaluate (and lower) your rating. How do you know if your rating is temporary or permanent? You go to your original award letter and look for the secret codes VA likes to use to confuse you. If your award letter says "No future exams are scheduled..." that means that your rating is permanent. If you see "Eligibility to dependents Chapter 35 DEA / CHAMPVA are established", your rating is permanent. Those phrases may differ from one VA Regional Office (VARO) to the next but there should be something similar on your award letter. If you see "Future exams are scheduled" or similar, or no reference at all to future exams or other dependents benefits, your award is probably temporary. VA establishes the rating as permanent when there is little chance that the condition will improve. VA makes a lot of mistakes when establishing the permanence of a rating. It's up to you to know what to do...nobody will do this for you. As a rule, most mental health conditions and cancers will be temporary ratings. A veteran must hold a 100% permanent rating for 10 years, uninterrupted, for his/her family to be eligible to apply for DIC benefits should the veteran die of anything other than a service connected condition
    • Read First If Getting An Imo
      bumping it up... again...I had to use Google to find it.
    • Denied Sleep Apnea Claim
      As long as the IMO conformed to the IMO criteria here at hadit, the IMO could be OK. But maybe not enough. Have you attempted to contact any buddy who was in your unit and bunked with you in the Mil? Fatigue---did this ever show up for any disciplinary actions because you were late for duty or too tired in the job? That stuff can be found in the 201 Personnel file the Mil has on every service person.  He did refer from what I understand here, to your SMRs.What type of doctor did the IMO? Did they attach a CV or at least a rendition of their expertise?
    • Should I file a CUE or leave NOD in place?
      I have reposted this because originally I had posted it under someone else's question and I was asked to repost under a new topic.  Simply because I might get more answers and also there might be other VETs out there with a similar situation who could benefit from the advice given.  I hope I am not repeating someone else's question.  This is not at all easy to understand.  So I'll just ask.  I was discharged in 1984 from the Navy.  I had married an active duty Navy enlisted and so my health care was still at the same base I was discharged from.  After 3 months post discharge the Doctor that was handling my health care suggested I file a claim for Asthma service connected.  Because when I joined the Service in 1980 I did not have Asthma but when I was discharged I was being treated for Asthma.  So I filed the Claim in December if 1984.  I was discharged the last day of March 1984.  And my discharge was honorable so no problem there.  The initial claim was that I filed was for Bronchial Asthma service connected. and it was denied in 1985. I didn't appeal it because back then I didn't know anything about appealing the denial and just figured that was it.  The denial stated THE EVIDENCE DOES NOT ESTABLISH SERVICE CONNECTION FOR THE FOLLOWING BRONCHIAL ASTHMA DUE TO ALLERGY.  Bronchial Asthma denied. (Funny that is what causes Asthma Allergies.  but god knows I grew up on a farm and never had any problems with allergies at least not so much as to cause me a problem with breathing.  And I had never been diagnosed with any allergies either before entering the service.)  Anyway time passed and I forgot all about this claim.  in 1997 I began receiving SSDI and part of my disability was the Asthma and by then I also had COPD.  More time passed and in 2014 the VSO in the town I live in suggested I file a claim with the VA for service connected disability for asthma. So I did.  And after again submitting to PFTs done by the VA I was approved at 60%.  Now I would never have questioned anything after that except that when I filed for the COPD and a few other items I was told that my representative was the DAV.  And I asked why was the DAV my representative and who in the DAV was.  And I was told told that back in 1984 I picked the DAV to represent me.  And I said "  I did???  Why would I do that?  and that response was "because you filed a claim back then.  That was when I thought SHIT I need to get a copy of all my records.  SO I finally did and that is when I learned and remember filing that claim.    So Here is my question.  Since Nothing except the severity of the Asthma has changed since 1984.  Would that initial claim be a CUE?   Wouldn't it be right to file a CUE regarding that claim so that the effective date of the current claim would date back to 1984?   Currently I have a NOD filed regarding the effective date.  But I really feel it is a CUE.  Is that right or not?    And if someone does answer this could you answer like you are explain this shit to a two year old!!!! LMAO  because All of this is just so Damn confusing to me!!!    Thanks a lot,       I was asked to scan and post some VA C&P reports and I will do that as soon as I get back from meeting with my Local Congressman.  I will keep you all in mind as I ask him about doing the back up of VET Appeals!!! And other Veteran topics!!!  Aileen
    • Social Security disability
      Only you can decide what is best for you bud. I get SSDI along with my 100% VA P&T, and I am only 34. I get where you are coming from and as Vets we Deserve every Dollar and Benefit that we worked hard for. Problem is with some Retirements or Pensions they start to work against each other. The Govt likes to refer to it as (Double Dipping). Just sit down read the Regs and do the math. If it is worth it for you, then go apply Online or at local SSA office on your own. My brother used a lawyer and it took him almost over 2 years to get SSDI. I filed on my own online, and was approve in less then 8 wks which is unheard of in Texas. Good luck and keep us posted. God Bless
    • What Protections come from being P&T?
      Thanks, This gives me a better understanding of this topic.
    • What Protections come from being P&T?
      Sorry to say that there is no protection. I am 100% P&T with no Future exams since last year. Well in February out of no where a Claim showed up on Ebenefits that said New for a SC condition that I have currently at 40%. Local VA called  me in for a Review Exam the following week. The Exam was not too comfortable thats for sure. Well this week the claim went to Complete, but my SC Disabilities %s did not change, and my AB8 letter still states 100% P&T. I think that the VA was trying to pull a fast one on me, as I am only 34 yrs old, yet I am Medically Retired from the Navy, and Permanent SSDI disabled. Always and I Mean Always keep up with your treatment, and never get too comfortable bud.
    • What Protections come from being P&T?
      When a veteran gets P & T, VA is not likely to reduce his/her combined rating. P & T is the same for shcedular and TDIU it's benefits for a veterans dependents and medical care. There is no real protection until a rating hits 20 years. Here are the other benefits http://www.vba.va.gov/pubs/forms/VBA-21-8760-ARE.pdf
    • Howell criteria for SMC S.
      As Alex succinctly pointed out with his review of Howell, SMC S (housebound) is not meant JUST for Vets who can not leave the home "at all" but also for those who can not leave the home "for work".   https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/ But, you need to recognize the implications of Howell.  This suggests if you are 100 percent and not working, you should get SMC S, because, if you are not working then you are not leaving the home "for work".   Im currently in appeal for this very issue.  Im not alleging I dont leave the home "at all" but that I dont leave the home "for work" as congress intended.  Remember, the SCOTUS has ruled when the intent of congress is determined that is the end of the matter.  In other words, the laws are not always clear, but when congressional "intent" is determined, then that is the way the Supreme Court will rule..."congress intent" And, in reference to Howell, the judge specifically stated that congress intent was to have SMC S not just for Vets who cant leave the home at all, but for Vets who can not leave the home "for work. Once you add the Howell criteria for SMC S, then I think many more vets will be eligible for SMC S...all of them that are not working..since they can not leave the home for work if they are not working.    

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dereekbanks

Claim Timeline - Atlanta Varo

10 posts in this topic

July 07, 2011

Claim filed for:

  • memory loss
  • insomnia
  • post traumatic stress disorder
  • hypertension (claimed as hypertensive vascular disease)
  • sleep apnea
  • generalized anxiety disorder
  • major depressive disorder
  • chronic adjustment disorder

    and I asked for and increase in my sc condition:
    • s/p low back injury with posterior (small) disc herniation and IVD at L4-L5 with degenerative changes at L1-L2
    • L4-L5 spinal nerve involvement with paralysis
    • left lower (claimed as back injury)

October 14, 2011

Received brown envelope with several documents that read:

"Complete and return an enclosedVA Form 21-4142, Authorization and Consent to Release Information...

Send any treatment records pertinent to your claimed condition(s),especially those which are recent

We need evidence showing that the following condition(s) existed frommilitary service to the present time: chronic adjustment disorder, major depressivedisorder, generalized anxiety disorder, sleep apnea, hypertension (claimed ashypertensive vascular disease), post-traumatic stress disorder, insomnia,memory loss

As we consider your claim, youmay submit evidence showing that your service-connected L4-L5 spinal nerveinvolvement with paralysis, left lower (claimed as back injury), s/p low backinjury with posterior (small) disc herniation and IVD at L4-L5 with degenerativechanges at L1-L2 [[has][have]] increased in severity…

We need specific details of thecombat related incident(s) that resulted in post-traumatic disorder (PTSD)…"

You may be entitled to compensation at the 100 percent rate if you areunable to secure and follow a substantially gainful occupation because ofyour service-connected disabilities. If you believe you qualify, complete,sign, and return the enclosed VA Form 21-8940, Veterans Application forIncreased Compensation Based on Unemployability."

I expected to receive all of the above except for the last one. Is it normal for the VA so just voluntarily send someone a for for TDIU when they did not file a claim for it?

October 18, 2011

Went to VA Regional Office and submitted all forms and evidence requested, including the application for TDIU.

Notes:

I filed my claim following the guidelines posted at http://www.howtoassemblevaclaims.com/step_7.html. I included my service medical records, current records from the VA hospital and the outpatient clinic the VA referred me to, where a Psychiatrist officially diagnosed me with all of the mental issues I filed a claim for.

On October 20, 2011 I went to the SS office and applied for SSI and SSDI under the Military Causality Service Case (MSCC) rule which expedites cases for veterans injured after October 1, 2011 while on active duty.

So now I wait. . .

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I've received the same notice several times. I think it's due to my % and the types of conditions claimed/existing/SC'd. At least I know it's an option when the time comes that I can no longer work. I assume by your post that you're not working? Are you retired? I also use the ATL VARO, and have posted some experiences with them and the Augusta VAMC. Don't know if it will help you, but I'd be curious to follow your story as you respond and get your other issues resolved.

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Atlanta VARO uses a lot of "cut and paste". The letter(s) reflect this.

They have been known to include statements that lead a veteran to believe that evidence already existing in the veteran's "C" file needs to be submitted (again).

The reference to TDIU is likely the result of various complaints and possibly some legal actions, and just maybe because the problems surrounding TDIU came to political notice.

The VA was not bothering to tell veterans that they might qualify for TDIU, and the result was that many did not know that they had it available.

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@ Justrluk:

I'm not working. I have not worked since April of this year. . . I did not retire from the military if that is what you mean. I was injured in '02 discharged in '03 and awarded 40% by the VA in '04. I took the 40%, found work and never looked back. Over the years I realized I could only do certain types of work due to my injury and I could never keep a job too long. One day my wife pointed out the numerous problems that I had since my discharge so I eventually went to the VA and started getting diagnosed with stuff I never thought I suffered from such as depression. The side effects from my meds, pain in my back, headaches and memory problems have gotten the best of me. I can't work any more!

So I guess I can say I'm retired.

I am familiar with your posts. I read through them before filing my claim. It was apart of my research when determining if I wanted a rep or not. Thx!!!

@ Chuck75:

I kinda figured it was a 'cut and paste' / generic packet after reading through it because everything they asked for, I submitted with my original statement attached to the initial claim. So before I went to the Regional Office to submit the evidence they requested on the 18th of this month, I simply opened saved file I typed back in July as my statement following the guidelines on the link I posted and hit print. I then grabbed one of the 5 prebundled copies of my medical records walked out the door. In essence, I gave them the same thing twice just in case the first stack of documents got misplaced. I did not know any thing about the political issues surrounding TDIU. I just Googled it and came across some interesting stuff. That makes sense now!

I'll keep you posted on my progress.

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Best of luck in your claims! Hopefully, the ATL will take it easy on you...

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Work on your letter for your PTSD, have your wife do one for your symptoms that she has seen since you left the servcie / came home from the war. The AV rates PTSD under chronic adjustment disorder along with depression and all other mental health issues. some of what you have are a part of PTSD. I have worked with some vets out of that RO, do not blow of these letter. If you was near an IED tell them that too. Try and get with some that was in your unit and have them send in letter to tell of the firefight or what ever.

@ Justrluk:

I'm not working. I have not worked since April of this year. . . I did not retire from the military if that is what you mean. I was injured in '02 discharged in '03 and awarded 40% by the VA in '04. I took the 40%, found work and never looked back. Over the years I realized I could only do certain types of work due to my injury and I could never keep a job too long. One day my wife pointed out the numerous problems that I had since my discharge so I eventually went to the VA and started getting diagnosed with stuff I never thought I suffered from such as depression. The side effects from my meds, pain in my back, headaches and memory problems have gotten the best of me. I can't work any more!

So I guess I can say I'm retired.

I am familiar with your posts. I read through them before filing my claim. It was apart of my research when determining if I wanted a rep or not. Thx!!!

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Thanks for the advice GulfVet! My wife completed the PTSD letter today. I contacted a few guys from my unit, hopefully they will come through for me.

I received my QTC notification today. I'm scheduled for a C&P exam on the 21st of Nov. The letter states that the exam is for the increase in my current sc condition. I've been reading up on these exams. I found some good advice on here. Thanks to all that have posted their experience and knowledge on everything VA!!!

My last C&P exam was in 2003! Hopefully I won't let my pride overshadow my injury and blow it.

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Good Luck on your C&P looks to me that you have your ducks lined up. Remember the only way to get a copy of a QTC exam is from your VARO.

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Hello all!

I went to my C & P exam today. . .

I think it went well. . . I think . . .

I entered the waiting area, went to the desk and handed the secretary the documents that QTC sent me to complete prior to my appt. I sat down and waited about 10 minutes and was called back at exactly 1:00pm as scheduled. I was given my check for travel, weighted, asked about the most I have weighted over the past year, had my blood pressure checked then escorted to a room to wait on the doctor. After waiting about 10 mins the doctor knocked and stuck his head in the door and said he would be with me in a few more minutes. I then heard him in knock and enter the room next to me. He and the patient in that room talked about the problems that guy was having and what he did in the military. They then started laughing out loud and the doctor started saying what a small world it was because his father (whom is Korean) worked with the same unit this guy was apart of. They laughed some more as they moved into the hall outside my room door, said goodbyes then the doctor entered my room.

He introduced himself, looked over my paperwork and asked if the VA knew about my injury. I said yes. He then said that is why they only want one x-ray. He asked me to stand and touch my toes. I bent forward until I felt pain and stopped. He said wow, your in bad shape. He told me to lean back and to both sides. I sat down and he attempted to straighten my left leg, I jerked back due to pain and he said the VA should not have even bothered sending me to him because clearly I have severe nerve root compression. He did the same to the other leg and I could not lift it at all without leaning back to do so. He then asked if I had hemorrhoids or bleeding in my rectum. I said no. He asked me to stand and drop my pants. He helped me up and wen to get a glove. I pulled my pants just below my buttocks and he saw my TENS unit and wires going to my back and asked if it was VA issued, I said yes. He said forget the anal exam pull your pants up this is ridiculous. He then asked how far I had to travel to get to his office. I told him about 50 miles. He apologized for me having to drive that far and said the VA should see these things every time I go see my primary care doctor. He then asked me what about some papers I brought with me, I told him they were my medical records and a list of medicines I take in-case he needed to review them. He looked at my list of prescriptions, said wow as he put his hand on his jaw said the side effects alone from my meds would render me unemployable. He asked if they made me dizzy and sleepy. I said yes. He said I probably cannot climb stairs or walk too far either. I said that is also true, nor can I be intimate with my wife anymore or do anything physical with the family. He said don't worry, he will write it up so that the VA will have to take care of me and give me proper compensation. He started jotting down notes about my range of motion being very poor, my TENS unit and meds. He told me to take my time gathering my stuff and that was it. There was no need for x-rays because the VA already has numerous sets and he would write it up so that it will be a no-brainer for the VA. He then shook my had and walked out.

All this occurred in less than 10 minutes. As I left all of his staff opened doors for me and waited with me as my wife pulled the car to the door.

Is it really that easy. . . I'm still sitting here in disbelief!!!

Some feed back would be nice on this one!!!

How long do I have to wait before I can get a copy of those records?

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I also have another QTC C & P for PTSD on the 28th of his month then an appointment on the 7th of Dec for Social Security. . . Wish me luck!

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