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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basham

Hosptial Stay

12 posts in this topic

I was in the VA hospital for 6 moths in 2009-2010 is there a claim or form i can get some type of pay. I heard that you are suppose to get 100% disability while you are there. Please help me to find out is there paperwork or what. 3 months out the time there was know claim and 3 months claim was in. Thank you, also do i have a limit with how many questions i have posted?

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I was in the VA hospital for 6 moths in 2009-2010 is there a claim or form i can get some type of pay.

I heard that you are suppose to get 100% disability while you are there.

Please help me to find out is there paperwork or what.

3 months out the time there was know claim and 3 months claim was in.

Thank you, also do i have a limit with how many questions i have posted?

What are you SC'd for ?

What were you in the hospital for 6 months for ?

NO - you do not have a limit with how many questions you can post.

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If it has anything to do with your service connection you are entitled to at least 100% while in Hospital and it could also continue for recuperation. Like most things you are entitled to from VA you have to ask them they don't just give it to you.

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What are you SC'd for ?

What were you in the hospital for 6 months for ?

NO - you do not have a limit with how many questions you can post.

I was in the hospital schizoaffective disorder,ptsd, major depreeive, agoraphobia, anxiety disorder-...my sc is scizaffective disorder 50% tinnitus...Tank you

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Was there a break in between the 6 months stay in the hospital? They will try and exclude you for some of the time...I know a vet who was in for almost 2 months and they only paid him for 1 month. Regs state past 21 days in a month it starts...continuous...Do you use a VSO to help with your claims?

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Pete is so right. If you are entitled to a loaf of bread from the VA, expect them to offer you a "piece of toast" or maybe just a few bread crumbs, and if you dont appeal for the rest of the loaf, that is what you will get.

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Pete is so right. If you are entitled to a loaf of bread from the VA, expect them to offer you a "piece of toast" or maybe just a few bread crumbs, and if you dont appeal for the rest of the loaf, that is what you will get.

very funny....thank you

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Was there a break in between the 6 months stay in the hospital? They will try and exclude you for some of the time...I know a vet who was in for almost 2 months and they only paid him for 1 month. Regs state past 21 days in a month it starts...continuous...Do you use a VSO to help with your claims?

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Allan posted the link to the Temporary Total Hospitalization regs here:

I am surprised that the VA hospital didn't file this claim for you.They always do for vets in the 21 day inhouse PTSD program

I was unable to find any forms this type of claim can be applied for on.

I suggest that you get a hold of a vet rep to help you with the proper form.

Also, I assume you are not employed, and if not the rep should help you to apply for TDIU.

If the VA awards the temp comp , they will deduct that from any future TDIU award.

What I mean is they wont pay twice for the same month of comp because the Temp Total is te same as TDIU for any month you are eligible for it.

The convalesence regs are a little different but a vet rep can help with that.

Do you get SSDI?

Is it solely for the schozophrenia?

If so by all means let the VA know that.And let your rep know that too.

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http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=d6bae90d348cec6e83c73cbd29d33706&rgn=div8&view=text&node=38:1.0.1.1.5.1.98.25&idno=38

§ 4.29 Ratings for service-connected disabilities requiring hospital treatment or observation.

A total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established that a service-connected disability has required hospital treatment in a Department of Veterans Affairs or an approved hospital for a period in excess of 21 days or hospital observation at Department of Veterans Affairs expense for a service-connected disability for a period in excess of 21 days.

(a) Subject to the provisions of paragraphs (d), (e), and (f) of this section this increased rating will be effective the first day of continuous hospitalization and will be terminated effective the last day of the month of hospital discharge (regular discharge or release to non-bed care) or effective the last day of the month of termination of treatment or observation for the service-connected disability. A temporary release which is approved by an attending Department of Veterans Affairs physician as part of the treatment plan will not be considered an absence.

(1) An authorized absence in excess of 4 days which begins during the first 21 days of hospitalization will be regarded as the equivalent of hospital discharge effective the first day of such authorized absence. An authorized absence of 4 days or less which results in a total of more than 8 days of authorized absence during the first 21 days of hospitalization will be regarded as the equivalent of hospital discharge effective the ninth day of authorized absence.

(2) Following a period of hospitalization in excess of 21 days, an authorized absence in excess of 14 days or a third consecutive authorized absence of 14 days will be regarded as the equivalent of hospital discharge and will interrupt hospitalization effective on the last day of the month in which either the authorized absence in excess of 14 days or the third 14 day period begins, except where there is a finding that convalescence is required as provided by paragraph (e) or (f) of this section. The termination of these total ratings will not be subject to §3.105(e) of this chapter.

(b) Notwithstanding that hospital admission was for disability not connected with service, if during such hospitalization, hospital treatment for a service-connected disability is instituted and continued for a period in excess of 21 days, the increase to a total rating will be granted from the first day of such treatment. If service connection for the disability under treatment is granted after hospital admission, the rating will be from the first day of hospitalization if otherwise in order.

© The assignment of a total disability rating on the basis of hospital treatment or observation will not preclude the assignment of a total disability rating otherwise in order under other provisions of the rating schedule, and consideration will be given to the propriety of such a rating in all instances and to the propriety of its continuance after discharge. Particular attention, with a view to proper rating under the rating schedule, is to be given to the claims of veterans discharged from hospital, regardless of length of hospitalization, with indications on the final summary of expected confinement to bed or house, or to inability to work with requirement of frequent care of physician or nurse at home.

(d) On these total ratings Department of Veterans Affairs regulations governing effective dates for increased benefits will control.

(e) The total hospital rating if convalescence is required may be continued for periods of 1, 2, or 3 months in addition to the period provided in paragraph (a) of this section.

(f) Extension of periods of 1, 2 or 3 months beyond the initial 3 months may be made upon approval of the Veterans Service Center Manager.

(g) Meritorious claims of veterans who are discharged from the hospital with less than the required number of days but need post-hospital care and a prolonged period of convalescence will be referred to the Director, Compensation and Pension Service, under §3.321(b)(1) of this chapter.

[29 FR 6718, May 22, 1964, as amended at 41 FR 11294, Mar. 18, 1976; 41 FR 34256, Aug. 13, 1976; 54 FR 4281, Jan. 30, 1989; 54 FR 34981, Aug. 23, 1989; 71 FR 28586, May 17, 2006]

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Was there a break in between the 6 months stay in the hospital? They will try and exclude you for some of the time...I know a vet who was in for almost 2 months and they only paid him for 1 month. Regs state past 21 days in a month it starts...continuous...Do you use a VSO to help with your claims?

There was know break in my stay and i dont have anyone helping me with my claim, they want me to choose between DRO, Reconsideration or a Traditional appeal. For seven months i thought the were doing a reconsideration along with a unemployabilty. I kept telling them a reconsideration was in, They even sent me a letter saying they were working on the reconsideration. I keep calling 800 number. They started mixing me up. All i knew is that it would be crazy to do an appeal when I could do a reconsiderationl. I had 18 months of doctor care notes, weekly visits from a nurse, and my condition had worsen. That had not been reviewed. so thats why i did the reconsideration, They have everything in hand now even SSD notes. They sent out the form to my last employer, he has sent it back in and there is nothing eldedse to submit. They are just waiting on me to tell them what i want to do. I took a hearing again and my hearing is off the chain ,did C&P for ears doctor says it would cause me problems in some jobs. I also had a new C&P for mental illness, the doctor agreeded with the the doctor recommendations of unemployability and the incompency...... do you know what will be best for me to do....Basham

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."

I also had a new C&P for mental illness, the doctor agreeded with the the doctor recommendations of unemployability and the incompency...... do you know what will be best for me to do....Basham "

Do you have a copy of that C & P result?

It is possible that a favorable TDIU award-which I hope you get-will cover the temp comp for the hosp and convalesence as TDIU for those months anyhow.

"They are just waiting on me to tell them what i want to do."

This is confusing- what was the date of the decision you asked them to reconsider?

Have you recently received a SOC and an election form for DRO etc?

When was the recent MH C & P done?

Sorry for these questions- but this is getting confusing to me----

I feel you need to get a vet rep to help you on this.

"They started mixing me up"

"All i knew is that it would be crazy to do an appeal when I could do a reconsiderationl. I had 18 months of doctor care notes, weekly visits from a nurs etc."

Yes they did something like that that to me on a reconsideration request.I agree with you that a reconsideration request can sometimes resolve all the issues. If someone at the VARO is literate enough and willing to work on it.

Do you have a TDIU claim pending that is separate from the reconsideration request? And did the VA contact your employers recently?

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