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
      MOstly, you will have to read your decisions to see if they are seperate ratings.  What do they say?  The VA combines, not adds, ratings, using the combined rating table.  There is also a bilateral factor, if applicable.   If you are at 90%, there is something else going on, as those neither combine nor add to 90 percent.  Something is wrong somewhere.  
    • ratings
      Hi Folks, I am new here I currently have a 90% rating I am trying to figure how some things are rated and add up. DDD L5-S1 20% on 11/13/02 DDD l5-S1 20% on 09/26/03 so does that mean I have a 40% rating or are they 2 different ratings? also I have a rating for some scars from a surgery that I received from the VA after service, abdominal surgical 10% on 07/29/09 residual scar status post adenoma resection 10% on 03/06/14 same question is this a = 20% or are they 2 separate ratings?  (the first says secondary on abdominal) I currently have an increase on both pending.  I was trying to use the calculator but not sure if these count as separate items or to add them together. thanks.
    • Back Pay?
      Ricky you are not paranoid...just wise.  No, the VA does not call you and ask for your bank account number on the phone.  This smells like an identity theft scam.  How do you know the people who called are really with VA and not some scam artitist in Nigeria???   You need to go to your bank, and tell them its possible your bank account number was compromised.  I recommend closing that bank account, and opening up a new one with a new number, and then enter that information through the secure VA website.  
        At an absolute minimum, call the VA in SC and ask them about it, to verify.  You see, when you call them, you know who you are talking to.  When they call you, you dont, except for caller ID which can be spoofed.  
    • Veterans First Act
      It frustrates me that veterans who served from 1975 through September 11th, 2001 are  about to get stiffed once again. To make matters worse, "The Veterans First Act" has gained endorsement from nearly all of the major service organizations. Under Subtitle D, page 110 of that bill it clearly demonstrates that only veterans that served "on or before May 7, 1975; or on or after September 11, 2001" Will be eligible for the Family caregiver program. Yet this bill is being sold with the notion that one of the  bill's provisions are  (note the word "all"):
      "Expands VA’s Program of Comprehensive Assistance for Family Caregivers to all generations of veterans and expands the services for caregivers to include financial planning and legal services."
      This is in stark contrast to the most current version of the bill that affirms "active military, naval, or air service—
      3 ‘‘(I) on or before May 7, 1975; or
      4 ‘‘(II) on or after September 11, 2001"
      You will find this in black and white as a copy of the bill is available at https://www.govtrack.us/congress/bills/114/s2921/text/rs#compare=is (page 110 of Subtitle D).
      If the bill is not read carefully, it sounds like the best thing since sliced bread. In essence, Vietnam and post 9/11  disabled veterans that require aid and attendance, are eligible to receive a stipend for their spouse/family member caregiver that is caring for the veteran. In short, a 26 year gap is being quietly proposed to exclude eligibility for this enormous group of veterans. -Please read the bill before chiming in.-
    • Awaiting BVA Remand for R-2
      <<<  I don't understand why they never granted me the loss of bowel control b/c my Doctor has ordered the padded briefs and given me medication, >>>>>   Well, gee D25, go figure. You don't suppose they have a tendency to low ball and/or no ball you? Or is it just that they're in backlog mode on SMC claims? Or maybe they haven't a clue what they're doing? I just had a guy I'm working with, who's already at S apply for A&A. He won and then they never gave him the bump. They looked at both legs and gave him a SMC K for each one instead of going to SMC O and R1. VA avoids the Rs if they can and prays you don't figure it out. You will note I am not calling it a conspiracy-just a very, very odd coincidence this happens over and over.
    • C&P Exam Completed [Bad Vibe]
      Thanks I'll try and head over their on Monday.   Buck, where are the measurements here on Hadit? Couldn't find it, do you have a link perhaps?
    • Retro pay/retro pay adding dependents
      Thank you for the heads up. I know there is a slight difference in the amounts going back, but its going to be pretty close. I just want to see if the process was correct or if they don't retro adding dependents.
    • Retro pay/retro pay adding dependents
      make sure to use the correct dollar amounts for each year. here's a link to historical va compensation rates
    • C&P Exam Completed [Bad Vibe]
      3 working days from my experience here in boston 
    • Retro pay/retro pay adding dependents
      I am currently rated at 10% for tinnitus. I filed for SC for an ankle injury, bad knees and hearing loss in April, 2010. I was SC for hearing loss and pain in knees in 2012 at 0%. I filed my NOD within two weeks of the decision and have been waiting on appeal since. I just had had my C&P for ankles, knees, and hearing on April 14th. I was told by the C&P doc to expect a letter from them by June 14th (60 days). I am not holding my breath. I have a torn meniscus, effusion in the knee, and pain. I have been issued a hinged knee brace for each knee as well as hearing aids. So I feel strongly that I should end up with at least 30% combined, hopefully 40%. My understanding of the retro pay is I should see retro for the difference in what ever combined rating percentage I end up with minus the 10% I already received, going back to the original filing date (4/2010). As I was married in 2009, but can not add my dependents until I am rated 30% or more, will I get retro for the higher amount of spouse and dependents in a second retro payment going back to the original filing date? I get that it will be the final dollar amount with dependents, minus the single amount at the new percentage - the 10% already paid. If my research is correct I should see a first payment of at least $18,671.44,  granted I get at least 30%. I got this from: $407.75 (30%) - $133.17(10%) = $274.58 x 68 (months) = $18,671.44 Once my dependents are added there should be second payment of $12,240.00 I got this from: $587.75 (with spouse and 5 kids) - $407.75 = $180 x 68 (months) = $12,240.00 Any information that I am missing would be greatly appreciated.

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evandc

21 Days In Hospital Rule

9 posts in this topic

Have vet friend that was in VA hospital in March-April 2011 for PTSD. She is S/C for Anxiety. Applied for the 21 days in hospital & she was turned down because she was admitted for PTSD and not anxiety. I was going to copy 38CFR CH.1 4.29 and pass it along to her. I have 7-1-11 Edition & I'm having a problem. Before it read something like "be admitted for what you are S/C for or TREATED FOR WHAT YOU ARE S/C FOR". Now reading different "total disability rating (100 percent) assigned...it is established that s/c disability has required hospital treatment..in excess of 21 days." Question has this rule changed to drop the part about "treated for what you are s/c"? If it changed was she in hospital before it changed? Just passing along to help this vet..and never know why she didn't get connected for PTSD..but that's another thing.

Thanks,

Don

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The VA only rates the highest (or worse) mental condition to prevent pyramiding. In my case I am rated for Bi-Polar, but was also diagnosed with PTSD. This last time I saw my Social Worker, she asked me if I was also diagnosed with PTSD and I told her I was, but it was a long time ago in a different RO. She told me that she wondered, because she couldn't find it in my notes. I guess I will have to look through my c-file to find it, because they have asked me to attend PTSD treatment in the past.

Makes one wonder if they are deleting PTSD diagnoses, with the new PTSD regulations...

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".and never know why she didn't get connected for PTSD..but that's another thing."

Was she admitted specifically for the 21 day inhouse PTSD program?

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What is her current percentage of SC ?

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Was in program for PTSD more than two months. She has 90% S/C think 70% of it Anxiety. Pending TDIU..already has Ssd.

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Let me see if I understand this correctly

veteran is rated for anxiety.

veteran is admitted to hospital for 21 days for non-service connected PTSD

Veteran is seeking temporaty 100% for the 21 day hospital stay

No the veteran would not be entitled to the temporary 100% because the conditon for which treatment was required was not service connected. The one exception is listed below:

Even when hospital admission is for a nonservice-connected (NSC) disability, hospitalization benefits are payable if, during the hospitalization, treatment for an SC disability is initiated and continues in excess of 21 days.

Now If the claim for service connected is pending and later awarded then it is possible the veteran could receive the temporaty 100% rating based on the hospitalization.

The following is a September 5, 2008 change......

a. When to Assign a Hospitalization Rating

Provided a total, 100-percent rating cannot be assigned under other provisions of the rating schedule, assign a temporary 100 percent evaluation under 38 CFR 4.29 for

  • periods of hospitalization in excess of 21 days for medical treatment of an SC disability, or
  • a disability for which compensation is payable under either 38 U.S.C. 1151 or 38 U.S.C. 1160.

b. Granting Hospitalization Benefits When Admission is for an NSC Disability

Even when hospital admission is for a nonservice-connected (NSC) disability, hospitalization benefits are payable if, during the hospitalization, treatment for an SC disability is initiated and continues in excess of 21 days.

Reference: For more information on hospitalization ratings when admission is for treatment of a NSC disability, see 38 CFR 4.29(b).

Edited by Teac

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Teac-that's my question. She would be your exception treated for what she was S/ C for during her stay. But when I read 2011 version it seems to leave out that exception.. Also if it changed 7-1-11 & she was there March April 2011 wouldn't she still be awarded temp 100%?

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A vet I personally know very well was admitted to a PTSD treatment inpatient program March 8th of last year and completed program 23rd April last year. He has a Diagnosis of PTSD. (50%) He put in for the 100% when admitted to the program. In Oct last year he received a SOC which stated "Vet eligible for 100% related to inpatient treatment program beginning March 8 th and will end the last day of the completion of the inpatient program April 30th. In Oct of last year he received a check for March only yet he is to receive it for the 2 months as if continue 21 days in each month vet is eligible. Appealed this and is waiting. It is really stupid they write the dates he is eligible to receive this, and then pay him for just the first month.

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Teac-that's my question. She would be your exception treated for what she was S/ C for during her stay. But when I read 2011 version it seems to leave out that exception.. Also if it changed 7-1-11 & she was there March April 2011 wouldn't she still be awarded temp 100%?

I don't know... since the newest verison I found was 2008.....

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