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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    • ratings
      YOu can put them in the disabilty rating calculator yourself, to see if your rating is correct: http://vvaarizona.org/combined_disability.php
    • My husband died in motorcycle accident
      page1006 Everything looks like to me your claim will be approved, there's only couple of things  that think will possibly hurt your claim  one is proving his  10%S.C.PTSD behavior was the cause of his death proving something happen seconds before an issue Happen (Accident) will be hard to prove  and the other is the statements from witnesses, the only chance I would think you have at all is if the Attorney can prove he had appeal the 10% and was asking for that to be increased based on a Phyistrist treatment statements and  added Mental medications. Also statements from a license PTSD Therapist  if he was in treatment at the time of his death? & Dependent on the Autopsy statements? '' Witnesses reported observing the motorcycle being operated in a reckless manner. He was riding on the rear wheel only prior to the intersection. He was wearing a helmet but the helmet was not properly fastened. The investigation indicated that excessive speed and reckless driving on my husband's part contributed to the crash. There was no alcohol or drugs found in his system.'' So proving his  10% SC PTSD (& your hubby had filled an Appeal for increase) this alone would be evidence & the reason for his death because of his uncontrollable factor   if that has been Noted as of record? So without his claim increase before his death  who's to say he would/could  have been rated at the 100% rate?  per speculation but it does raise the questions as to the cause of his death. The Specialist needs to say something in this manner After reading Mr Veteran Joe Brown records ''I believe his uncontrollable behavior  is 100% aggravated  by his SC 10%PTSD was the reason of his Motorcycle Accident  & Resulted in his Death on Date   **-**-****  This is why you may need an IMO and have  a SPECIALIST(Phyistrist) to state so in his/her professional opinion. I know you have the Attorney to help you  I just want to make sure you know all of this...sometimes you may have to lite a ''Fire''under the Attorney ''Assperalo''  then I think you will win your case. If you win you and your children should all get benefits Available  & if your disabled you can get special compensation with your DIC  or have a hardship in rasing your children. So lets all pray you got some good/great Attorneys and the don't let nothing slip by them. If you get denied read the the ''What we decided '' Reason and bases of the decision & put on here on hadit (cover name and claim #)  so we can help you MORE. I believe you can Appeal the decision & take to this up to the big boys up in Washington. I got my Fingers crossed for ya  I realize this is tough for you to go through and my heart goes out to you and your family. ....................Buck   ....................Buck
    • Veterans First Act
      This is not a done deal yet. We can still fight this! Contact your representative and let him or her know that this bill needs to be inclusive of all veterans. Let your service organization leadership  know about this as well. Please get the word out there people as time is wasting. My objective is to get veterans together on issues like this. I feel it's wrong to exclude any group of American veterans from benefits. We all served with the goal of providing defense for the USA. Thanks for putting in your two cents everyone. 
    • Mental Health C&P
      I just got the results/ratings back from a C&P exam where I felt heard. My person (who was contracted) also emphasized that it was not a therapy session and also made a referral.   my exam was for depression with eating disorder not otherwise specified. I think mine are linked together as there is so much overlap it would be difficult to differentiate.   my results were favorable in the sense that they reflected the medical concerns and impact I have felt the past five years. I haven't discussed it on here yet - as letters have not updated and I have not received my packet (disabilities on e-bennies has updated), but wanted you to know that sometimes YES they do hear you.
    • Awaiting BVA Remand for R-2
      Asknod...  Was that a yes??
    • Fully Developed Cue
      My current rating is 100% P&T for "PTSD with Bipolar Disorder, agorophobia, and alcoholism in sustained remission" I was initially 70%  PTSD with Bipolar Disorder, TDIU P&T but developed liver issues (cirrhosis).  I am almost 9 years sober today, but wanted the liver connected in case I don't make it the 10 years for my wife to get DIC. I got my treatment notes in order at my CBOC and rolled the dice with LARO, filing a new claim for "alcoholism with liver damage secondary to PTSD with Bipolar disorder".  I also went back and service connected all the contentions from the 2003 rating that I was never notified properly of, i.e. left ankle, lower back, migraines, GERD and also combined the CUE claim.  All contentions were awarded except GERD and CUE. This opened the door to appealing for an EED instead of appealing the CUE denial itself. My first malady is PTSD, various psychiatrists and I agree it was my stressor event that kicked off the bipolar disorder. I was so short in the army when the bad behavior started.  There just wasn't enough time to get caught before discharge. First hospital stay was in Germany at a German hospital, 5 months after discharge for attempted suicide.  It went downhill from there.  Many inpatient stays over the next 8 years were VAMC after I returned to the States fresh off a divorce.   I was not diagnosed with PTSD till 2011, fifteen years after my bipolar diagnosis.  
    • ratings
      what is listed above is taken from Ebenifits.  That's why I can't figure it out.
    • DRO hearing
      Well I don't know what the REP is doing now but I have somebody helping me write up the CUE now. The DRO will not give in and will not rate it without a new C&P exam. Well hopefully Dr. Bash will do a new Nexus and a DBQ as part of my original payment to him for the same case. I feel the VA is Doctor Shopping and I find it appalling they are even allowed to do that.   Robert
    • How does one continue ?
      Buck, I hear ya. As I recall, My C-File copies weren't really in any chronological order, and ya, a pain to sit and go through. You can understand the VA wanting somebody sitting with you while you REVIEW your Paper C-File. The File is considered Evidence of Record and the VA has to maintain a Chain of Custody.  I'm sure no Vet would try to remove or add anything in, right but you never know. I don't think that's a problem with viewing the Digital Copy and it should be a hell of a lot easier on the eyes. Printing copies should be faster also. I hope to give it a try in the next month or so, will keep you apprised. If a Vet knew there was 1 or 2 things in his C-File, that he absolutely needed a copy of, I think the RO Visit would be a must. Semper Fi

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Ryguy

Got My C@p Exam Report Today

12 posts in this topic

Today I got my c and p exam report, this exam was for an appeal for cervical and spine issues, I already received disablity for lumbar back issues. OK, it says that i'm noted to have DJD cervical spine (2008), and right arm sensory neuropathy was diagnosed in (2011). He took the range of motion notes from a previous exam that I had 2 months ago for adaptive special housing assistance. Then in his remarks it says. Opinion it is less likely than not that the veteran's neck dondition is related to his service connected lumbar strain. No medical evidence exists that indicates that lumbar strain causes DJD of the cervical spine. It is less likely than not that his current neck pain noted in 2008 is related to the in service Motor vehicle accident. He was not complaining of or treated for neck pain while in the service. It is unlikely that neck pain manifested 8 years after the in service accident could be a residua of the accident.

So i'm like WOW, this isn't good, although I have a battle buddy statement noting my complaints to the doctor about neck pain and I also submitted my doctors medical opinion saying that it is more likely than not , that my issues were caused from this accident.

Does this sound like i could lose this case big time or what? Any ideas would be appreciated.

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Does this sound like i could lose this case big time or what? Look like benefit of doubts 50/50 or which medical opion

will they use. Get the decision and maybe if not approve than get another IMO. Good luck hope it goes well

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I agree.

If your doctor's IMO confirmed to the IMO criteria here at hadit, and if this doctor's expertise outweighs the VA C & P doctor, you have a good chance under Benefit of Doubt.

If the VA fails to comletely consider your IMO , which is always possible, you can ask them to CUE themselves.

I am preparing a topic on how that goes.It worked for me recently.

But if they do consider your IMO and deny again- you might need a stronger IMO.

It often pays to know exact;y what kind of doc (or RN or PA) does this type of C & P and then, with a IMO doctor with expertise in the specific filed of the disability, usually a strong IMO will work if the evidence warrants SC.

If an IMO doctor does not provide a Curriculum Vitae with their IMO, one can always pay healthgrades a few bucks to see if their medical background and education is listed there.

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Ok thanks Berta, could you let me know you post the information about the CUE of the VA, I just have to get my mind mentally prepared in the event this appeal case is denied. I know everything is on a time restraint once you get that decision, So with this if i'm denied, you would only request a reconsideration if I have new evidence right?

I agree.

If your doctor's IMO confirmed to the IMO criteria here at hadit, and if this doctor's expertise outweighs the VA C & P doctor, you have a good chance under Benefit of Doubt.

If the VA fails to comletely consider your IMO , which is always possible, you can ask them to CUE themselves.

I am preparing a topic on how that goes.It worked for me recently.

But if they do consider your IMO and deny again- you might need a stronger IMO.

It often pays to know exact;y what kind of doc (or RN or PA) does this type of C & P and then, with a IMO doctor with expertise in the specific filed of the disability, usually a strong IMO will work if the evidence warrants SC.

If an IMO doctor does not provide a Curriculum Vitae with their IMO, one can always pay healthgrades a few bucks to see if their medical background and education is listed there.

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I think that if your IMO was strong enough to begin with they would not have asked for a nexus opinion at the c&p. They would have just asked for ROM and secondary issues.

It should be criminal to develop to deny (oh yeah, that's right it is). The RO hides behind the "duty to assist". They say "we sent him for an exam but unfortunately the doctor was not able to relate his current condition to any injury/event (C&P docs do this 95% of the time or they wouldn't last long) in service and his IMO doctor didn't dot all his i(s) or cross all his t(s) therefore we have no choice but to deny".

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Well the c and p examiner said himself that the rater really only wanted to know if i was in another accident in 2003, i told him , i wasn't in an 2003 accident. This examiner was the same examiner that I saw in 2008, and with hisopinion its the same as before but before when i tried to get a rating, i didn't have A IMO, now I have two from my va doctor. I dont know, its just silly to say ohh yes your lower back is messed up from a horrific accident, but ur neck and upperback isn't. I mean shoulnd't the va just use common sense?? thats just the way i keep looking at, i know its all about proper documentation but at some point there should be some logic used in this. Thanks so much for yall's help

I think that if your IMO was strong enough to begin with they would not have asked for a nexus opinion at the c&p. They would have just asked for ROM and secondary issues.

It should be criminal to develop to deny (oh yeah, that's right it is). The RO hides behind the "duty to assist". They say "we sent him for an exam but unfortunately the doctor was not able to relate his current condition to any injury/event (C&P docs do this 95% of the time or they wouldn't last long) in service and his IMO doctor didn't dot all his i(s) or cross all his t(s) therefore we have no choice but to deny".

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Ryguy,

I've often thought the same thing...where is the logic in some of this stuff? I answered my own question: there is none!

Well the c and p examiner said himself that the rater really only wanted to know if i was in another accident in 2003, i told him , i wasn't in an 2003 accident. This examiner was the same examiner that I saw in 2008, and with hisopinion its the same as before but before when i tried to get a rating, i didn't have A IMO, now I have two from my va doctor. I dont know, its just silly to say ohh yes your lower back is messed up from a horrific accident, but ur neck and upperback isn't. I mean shoulnd't the va just use common sense?? thats just the way i keep looking at, i know its all about proper documentation but at some point there should be some logic used in this. Thanks so much for yall's help

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The same doctor should not have done both C&P exams. He is biased by past experience with you. I think you could use that for an appeal. The damage from the accident likely could have caused the neck problems and I think you should get benefit of doubt, but my opinion in that arena does not count. The VA has their finger on the scale. Keep appealing. Your best hope is the IMO route.

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Ok, so should i make an big stink issue out of this before a decision is made by the review officer about having the same doctor do the examination? Or would it just be best to sit and wait where they come back and say, i'm just trying to catch all these errors before a decision is made as i've waited since 2007 on this claim, And where can I find out more information on benefit of doubt?? Thanks so much for your assistance

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when daytona va was still doing c&p exams, i had several ortho done by my former ortho doctor. one time the va told me it wasn't a conflict of interest. but after the last exam he gave me, my dav rep told me i had grounds to appeal. problem is that i didn't have enough evidence to warrant an increase even on appeal!

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The easiest way to do this is to get an IMO and get it in before your decision to rebutt anything negative the c&p said and to press you claim for maximum benefits. You don't want to file an appeal unless you have to do it. You don't want to fool around with another half-ass c&p exam that could be worse than the one you got already. I filed an appeal because I got a terrible C&P exam. I got another exam and it was worse than the first one. The doctors knew each other and thought they would put the screws to me.

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Ok thanks so much John, I definitely had my IMO letter in on time, and I also had my VCAA response letter back into the VA before the exam results were sent to teh review officer So this gives me somewhat of a relief, becuz this has me stressed out. Also at what point would you obtain an attorney if denied, i've been waiting on this claim since 2006, it was denied once, and this is my appeal i'm going through now. Would your next step be an attorney???

The easiest way to do this is to get an IMO and get it in before your decision to rebutt anything negative the c&p said and to press you claim for maximum benefits. You don't want to file an appeal unless you have to do it. You don't want to fool around with another half-ass c&p exam that could be worse than the one you got already. I filed an appeal because I got a terrible C&P exam. I got another exam and it was worse than the first one. The doctors knew each other and thought they would put the screws to me.

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