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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    • Fully Developed Cue
      Winning the effective date is often the most difficult and most legal and biggest legal challenge of all.  The general rule on effective dates is that that its the later of the "facts found" or the date you applied.  But there are many important exceptions to the general rule.   Many of those exceptions are covered here: http://www.purpleheart.org/ServiceProgram/Training2011/W-2 Common VA Effective Date ErrorsL.pdf If you are a Nehmer Vet, then there are anothe set of exceptions: http://www.purpleheart.org/ServiceProgram/Training2013/15-M-Nehmer Phase II - March 2013.pdf My VBM, which is at least a year old, has more than 40 pages on Effective dates, with references to thousands of pages of case law.   I recommend you take everything to a NOVA lawyer, and ask him/her if he can get you an EED and on what bases.   If he says "yes", then you can decide if you want to do it yourself or hire him or others.  
    • Fully Developed Cue
      Yeah.... and then they awarded for PTSD with bipolar....not bi polar with PTSD....PTSD is the primary condition "GAFs between 20-40, with 7 inpatient 5150s."   But they treated you for bi polar and not PTSD.....? Yet you sure didn't get PTSD at some C & P exam..... I think the date your entitlement arose was long ago , when they started to misdiagnose you....shades of 1151.... (that might be one more avenue of approach here) But best to wait for whatever the SOC says......
    • How does one continue ?
      I do understand for Vietnam Veterans their files are older and may take some time converting them to the new digital format and  copy to CD. but once they get the request  they should start the process.
    • How does one continue ?
      How does one continue to file claim without C-File? (Requested twice) not a word from VA INT is ruining out and his C-file has been order over a year now So how would a veteran submit evidence while waiting on the C-file? just send in what he has? but a certain record he needs  that is crucial  in his C-FILE that would put a whole new look on his claim s supporting evidence. Should he file the claim and wait for a denial and be ready to NOD? I'ts not the Veterans fault the VA Won't send his C-File to prepare for his claim.
    • HadIt.com T-Shirts Get Yours Now
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    • Fully Developed Cue
      Berta- I just read this reply, I know it's been a while since you wrote it, sorry. VA awarded 70% NSC rating back in 2004 for bipolar.  I was simultaneously awarded SSDI.  That base is covered.  For now winning the EED is the focus, from there, continuity is a cinch..   
    • BVA Appeal from DRO
      "Question?:  Do I give up...and, say the VA has won? "  Not if your evidence meets the 1151 criteria. "Is this what the VA wants me to do?"  Maybe. VA hates 1151s. Do you have a strong IMO?IME that follows the IMO criteria here at hadit? If not, do you have documented evidence that satisfies the 2 key issues of 1151 claims? If so, you still will need...in most cases...a very strong IMO. "  Also, what's the difference between "1151"and filing a complaint with the OIG?  FYI, currently residing outside of the country, permanently" The OIG does not get into claims issues.They would respond to a serious Patient Safety issue. There is a wealth of info here on 1151 claims in our FTCA and Section 1151 forums.. The two key issues for 1151s are: Documented medical evidence of VA negligence/malpractice ( as found in your VA medical records)and Documented medical evidence that their negligence/malpractice caused you to have a documented additional disability ratable at least at 10%. (also as found in your VA medical records, often listed as NSC on rating sheets) The additional disability must have no other etiology but for the proven malpractice (except in a few cases it can have additional etiology such as some of my 1151 claims did but I know of no other cases like that)    
    • Guidance request on C&P exam - PTSD, hearing loss, and tinnitus
      I list the following resources on my website (PTSDexams.com). The first two links are articles (posts) I wrote, published on my site: Advice for Veterans – VA PTSD Compensation and Pension Exam – Advice for veterans who have filed a VA disability benefits claim for posttraumatic stress disorder (PTSD), and have been scheduled for a Compensation and Pension examination (C&P exam). Advice for Veterans – PTSD Military Sexual Trauma (MST) C&P Exams – Suggestions for MST survivors to file a successful claim for VA disability compensation benefits, although much of the information applies to veterans disability benefits claims in general. What to Expect at Your C&P Exam – Well-written article for veterans that explains what you can expect at your C&P exam and how to prepare.  What to Expect at Your C&P Exam (Video) – A 5-minute video produced by the Department of Veterans Affairs that describes what veterans can expect at their C&P exam. Exam Tips from a Veterans Law Attorney – Check out lawyer Chris Attig’s 10 Tips to Help You Keep the C&P Exam in Perspective. He offers excellent advice from a legal perspective, which is entirely consistent with the suggestions I provide from a psychologist’s perspective.
    • Fully Developed Cue
      "Constructive Possession" is in Bell vs Derwinski.  I like to call it "Constructive Receipt".  I learned this term back in the 1980's.   Its an IRS term.  Example: YOu earn 35,000 in wages in 2014.  Your boss sends you a bonus check for 100,000 on Dec. 25, 2014, but you do not cash the check until Jan. 4, 2015.  How much did you earn in 2014?  You earned $135,000 because you "constructively received" the $100,000 bonus.  It matters not that you did not cash in until 2015, because you had that check in your hand.  You COULD have cashed it earlier, in theory, even if you got it after all banks were closed.   Besides, you got the money...that it was not in cash, but was in a check is irrelevant according to IRS.  You see, you accept your bosses paychecks "as if " they are cash, each week, because you are assuming his checks to be good.  So, you accepted the 100k bonus and it was constructively recieved.  This helps me understand Bell.   Bell says that VA has "constructive receipt" of those records, even if they were found years later to be sitting in a basement being gnawed on by rats and showed evidence of a flood damage in 1984.    Its not the Vets responsibility to say, "Gee, VA, you really had my records.  Some clerk erroneously archived them and moved them to a basement in 1983 where they were "lost" until the Inspector General found records there in a 2014 inspection"     How would the Veteran possibly know those records were erroneously stored in a basement by a lazy VA employee in 1983?    No.  VA had "constructive receipt" of those records, even if they had no clue where they were.    Its the VA's job of record management in their possession..not the Veterans.   The Veteran has no control over VA employees, but VA does..so they have to manage them.   Blaming the Veteran for records stored in a damp basement does not fly under Bell.  
    • Trentalange and Kelley P.A
      I couldn't determine from your web site if you handle FTCA. There were some large settlements listed at the site but they were stated as 'confidential' and not specified if they were settlements from VA due to successful FTCA cases filed by veterans or by their survivors.  

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tmoe

Narcotic Pain Meds

17 posts in this topic

Hello everyone,just got back from primary doctor from private practice new rule starting now you much sign paper to be drug tested for anyone

on narcotic pain meds at any time to get your medicine refill. If your test is positive for anything alcohol,mariquana,crack, or what ever, dr told me

you get no refills and also get put out of this practice or doctor office. So get ready he said this is everywhere. What else can they do to a man who is

too disable to work or have any kind of life but pain & meds. Take a drug test any drugs or alcohol no meds. Only in america.

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This doc told you BS !

Maybe in HIS PRIVATE PRACTICE, which he has control over

but there is no new law about this.

Last time I checked alcohol was legal and if of age - so is consuming it.

If I live in Mendocino County, Cali. and have a RX for Medical Marijuana

I'm covered on that.

This might be YOUR PRIVATE PRACTICE doctors rule - but it is not a law.

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Carlie, i hope you are right on this one but I just dont know until Monday when I call & ask is this just his office but I have been

talking with some people getting SSDI and they said they been told the same thing about narcotics prescription refills just like

va pain mangement hell they wanted to test me today for my fentanyl,hydrocodone prescription.Those two i have to have. I dont drink

but I do smoke and I will tell them this I take too much medicine to drink & I'm not trying to be a saint but if this is correct I have no other

choice. I'm worried cause i need my medicine and VA has already started this my pcp at va told me it will be best to get my meds from private dr

because of this same reason now private dr doing same thing. Fentanyl hydrocodone i have been on this 8 years and now they start their *hit.

Time to go to Salibury,NC to dry out I guess or find another dr or dont know or aybe move to a different state. He did say this is a trial of this and next year

it probably be mandatory for all narcotic prescriptions. Not law yet 'i guess' but if i had not just had all my teeth pull i would have done drug test today for meds.

they felt sorry :blush: but be ready next month for sure. Just a head up to everyone thats all I'm saying

Edited by tmoe

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In private practice it depends on which state you live in as to the rules for narcotic prescriptions. The VA has had vets sign a agreement when they get pain meds via the VA. At my VAMC I must sign an agreement to get on opiate program, so I can get my drugs without going for an exam every month. They do random urine tests on me when I go to the VA. It may be, in fact, easier to get these drugs via the VA than from private doctors. However, I never get my drugs on the same date each month. I get percoset and fentanyl patches. I have never had a "Hot" urine test for anything illegal but I still get the third degree after 10 years. Florida where I live is harassing pain doctors and patients along with the bad doctors and drug addicts.

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john999, its getting worst no better,had a talk with nurse today and was told this was started in Dec 1,2011 & it is random test and is up to DR

as to what can be done .Crack down on meds to make sure you are taking & not selling your drugs. Postive test no meds and out the program

for anything thats not suppose to be in your system. Its hard to got to another dr & ask them for narcotic prescriptions on a regular basic without

further testing or to start back over.Can only use one pharmacist and only one dr giving you narcotic all in the contract you sign. You dont sign

the contract no meds. ITS GETTING ROUGH and if you have a dr that helping you its better to stay with this dr but finding another dr is hell.

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My private HMO Doc is tougher about Hydrocodone than my VA PCP. I don't have a contract but the VA Pharmacy always plays me with delivery. This months scriot is late again naturally.

I hate VA Meds by Mail and now the Post Office is talking about worse service. I am requesting that VA send my Meds by UPS Brown or Fed Ex the mail sucks right now.

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Tmoe, To me sound like you need to get a new Privite doc.

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My narcotic pain meds are 5-8 days late every month. This is unacceptable, but what can I do? In Floria there is so much pressure on pain management doctors that they don't prescribe as well as the VA. I could not get oxycodone and fentanyl patches from a private doctor. If I did I would be paying out the rear end. I have 5 years of treatment from pain management at the VA. If they try and dump me I will raise question of malpractice. I have been on narcotics via the VA for at least 5 years including morphine, methadone, percoset and fentanyl. If I should not have gotten narcotic meds then they need to explain to a lawyer why they prescribed them for years. Same goes for the clonazepam.

Try going cold turkey from clonazepam. You can have convulsions just like valium or xanax sudden stop of meds. I came off a pretty good dose of valium and that was very unpleasant to say the least.

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John I haven't had any problems since that August Sept mess 2 or 3 years ago when they kept telling me they were mailed out and they weren't and after 10 days of the lies I called the Directors office and asked her if they were trying to kill me by making me detox at home what with all my heart problems if they wanted me off them great but I would appreciate being in the hospital in the future for medical treatment and why was the clinic and doctor lying for 2 weeks about they had sent the percocets out when they hadn't the doctor called me about 30 minites later and asked me to never call the Director again if I had a problem to call him and he would fix it he's been great ever since he's also the longest primary care doc I have ever had I use to get a new one every year this guy has been 3 years now I hope he stays

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john999, If they try and dump me I will raise question of malpractice, same thing I was thinking. Today the dr call explaing the program and

also told me i will have to be tested when I come in Jan since i said i smoke. My VA clinic said they dont give fentanyl only to cancer patient.

I been on fentanyl,hydrocodone, since 2003 by same dr now i cant get meds unless I pass a drug test 9 years on fentanyl is enough my eye sight

is getting real bad some of the side effects from it. Thinking real hard about going to Salibury,NC they have a nice VA clinic for inpatient treatment

for mental health, substance abuse, what ever the problem. I talk to them this year and the only way i would get in is to get treatment for narcotic pain med

& the smoke i will have to give up and if i have to piss for meds then get me off the narcotic pills if it will work. Tired of all the meds to more meds you take the higher

the blood pressure always something

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With the Dea treating Doctors like Drug Dealers, they dont really have a choice any more. They are testing you not for drug use, they are testing you to ensure you are using the drug.

That is what it is all about.

J

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VA RX told me to phone in the refill request for my husband's pain contract medication a day or two after he receives his current month. Since I have been doing it this way, he hasn't run out. (knocking on wood)....

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John Basser

That's right. The VA wants to know if you are using your narcotic meds or selling them. I was going to private clinic in Florida and I had to take piss test as well. If your refill date falls near a VA holiday watch out buddy. I wrote the director about my not getting drugs on time. Things went well for a few months then most of the doctors in pain clinic rotated to other hospitals and it was back to usual routine. If my refill date is Jan 5, I might get drugs by certified mail on the 7th to the 14th. Of course, I take counter measures to be sure I don't run out. I don't abuse any drugs or alcohol so if they want to test that is OK. I make damn sure the drugs are in my system every time I go to the VA. The VA just assumes we are all substance abusers.

Tmoe

I have been told that fentanyl and oxycontin can only be used for cancer patients. That is just a damn lie. These drugs are more expensive that is all it is about. They can justify giving you methadone or morphine because it is cheap. Methadone is one of the most dangerous drugs and they dispense it all the time. I was told by pain management that I could not get cymbalta because of cost. Damn lie! I got it via my VA psychiatrist.

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If i get off the narcotic pain meds & just take the strongest non narcotic meds & VA sees this I'm taking just ibuprofen or what ever

that is not narcotic will VA count this as improvement to my health and try to reduce your pay ? I had a nerve stimulator implant &

its helps a lot with my pain don't need as much medicine as I once was. What are the withdrawal systems or what can happen if I quit

taking fentanyl. The stimulator was a good ideal just tired of the BS about the meds and in my personal business I always take my meds

& they know this. I will put a note in my medical records that va & private dr wont refill prescriptions so what am I suppose to do? give me

something else as long as it helps tired of the narcotic pills & in my business. Anyone

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If you want to get off narcotic meds I don't think it will hurt your rating. You tell them you want to withdraw from the narcotics medically. They need to help you to withdraw by either putting you in the hospital to kick it, or give you withdrawl schedule to follow. Tell them you want off the narcotics but you need to be medically supervised as you kick it. If it was me I would probably just continue to get the meds and take them if I need them. Throw away the excess safely. As long as you obey the rules it does show that you have big problem since you are not taking just tylenol. I don't like to close doors behind me. I like to keep all doors open. The VA is always going to be in your business if you get money from them. They can call you in for a c&p exam next week.

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A family member was advised by a home health care worker about the best way to discard of medication that is outdated or not being used is to pour it into a bottle or can, add kitty litter or coffee grounds and shake. The medications dissolve and can be thrown in the regular garbage. I haven't tried this yet......anyone else here about this or another way to destroy old medications?

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I use old milk jugs to get rid of my meds. I never flush down the toilet.

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