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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    • New Proposed VA Reg Vets Should Know About
      Vets: I appears that the VA is proposing legislation that would require a Vet to prove an incident occurred in service first before a C & P Exam can be granted? I guess this would save the VA a pile of money from limiting CP exams  but I can't help from thinking that trying to get the claims service connected would be much more difficult. I know that the MOAA and the other Veterans Advocacy Groups are proving position papers today and there is congressional testimony starting today at 2:15 PM EST Today. Rootbeer22
    • New Proposed VA Reg Vets Should Know About
      Vets: I appears that the VA is proposing legislation that would require a Vet to prove and incident occurred in service first before a C & P Exam can be granted? I guess this would save the VA a pile of money from limiting CP exams  but I can't help from thinking that trying to get the claims service connected would be much more difficult. I know that the MOAA and the other Veterans Advocacy Groups are proving position papers today and there is congressional testimony starting today at 2:15 PM EST Today. Rootbeer22
    • Finally got my 100% for Malignant melanoma
      Sorry for your health issues, but congrats on the great news. Wish you the best, and God Bless
    • TKR; Arthritis and in service fracture
      Back to Berta...    The 2005 decision which "pre supposed" NSC (and did not order a C and P exam), seems to be a legal violation.  In other words, its equally plausable that the in service fracture caused the arthritis, then the VA needs to order a C and P exam, and not just simply deny the claim and assume there is no nexus.  
    • Knee Condition
      I feel your pain on your knees. I am having new MRIs done in the next few weeks. I am SC for both knees at 10%, and what is crazy is the VA wants to replace my R Knee due to 2 MCL/ACL surgeries, yet I am only rated at 10%. Good luck and keep us posted. God Bless!!
    • My husband died in motorcycle accident
      That's what I thought too. I read somewhere that lawyers are permitted to charge between 20% - 33%. His name is Joseph R. Moore according to my research he has won many cases for widows but if someone here could confirm that for me that would be great. I did sign a privacy act waiver and sent it to Attig Steel Law. They said they will request the cfile first, but if I get the cfile before them I can send them a copy. Wondering if I should wait on them or not. 
    • TKR; Arthritis and in service fracture
      Buck     I looked in MY SMR's, and, there is evidence of the fracture in my SMR's.  As Berta pointed out, of course I need a nexus statement, but then isnt that what a C and P exam is for?   Isnt it true that if there is evidence of a in service event, but no nexus, isnt that mean that a  C and P exam is requested to determine a nexus?  
    • TKR; Arthritis and in service fracture
      Thank you for your responses. Berta posted: "I feel that, in fact, they did adjudicate the claim, and determined it was not SC, and that itself (NSC designation) is a denial." Yes, its a form of deemed denial, where they did not give a reasons and bases for denial, and did not mention a denial.  Its a Colvin violation for VA to fail to give a reasons and bases for denial.   Since it was not formallly adjucticated, as per 38 CFR 3.103, I would posit that the claim remains pending, that is, the one year appeal period is tolled as I never received notice of the decision: 3.103 Procedural due process and appellate rights. (a) Statement of policy. Every claimant has the right to written notice of the decision made on his or her claim, the right to a hearing, and the right of representation. Proceedings before VA are ex parte in nature, and it is the obligation of VA to assist a claimant in developing the facts pertinent to the claim and to render a decision which grants every benefit that can be supported in law while protecting the interests of the Government. The provisions of this section apply to all claims for benefits and relief, and decisions thereon, within the purview of this part 3. (b) The right to notice— (1) General. Claimants and their representatives are entitled to notice of any decision made by VA affecting the payment of benefits or the granting of relief. Such notice shall clearly set forth the decision made, any applicable effective date, the reason(s) for the decision, the right to a hearing on any issue involved in the claim, the right of representation and the right, as well as the necessary procedures and time limits, to initiate an appeal of the decision.
    • Knee Condition
      I get my 10% for right knee. In all the C&P exams they have never talked to me about my pain although I tell them every time. All they ever talk about is range of motion.
    • CLAIM COMPLETE--Frm 80% to 100% Comb Rtg
      Congrats!...Why to hang in there dude

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SAR II

10% Rating, Should I Appeal?

7 posts in this topic

I had a meniscus tear in my left knee when I was in the Military, never recovered full range of motion in the knee, and I now have hip pain due to an altered gait. The VA documented that the knee extension is limited to 5-9 degrees, altered gate due to knee extension problem, arthritis in the left knee, bursitus in the right hip, & torn labrum on right hip. My claim was submitted without seeking help from someone familar with the process, which I suspect was a bad choice.

I received my rating letter today:

*10% for Degenerative joint disease status-post meniscus tear

*0% for Limited extension, left knee

*Deferred decision on right hip pain to include altered gait because they need additional information.

Should I appeal or is this normal for these problems?

Edited by SAR II

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The VA is not finished with your claim but I would definitely look into an appeal. The VA has a history of low balling Veterans on initial decision.

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If you feel this is inadequate for your situation then defintely appeal.

Evaluate how it impacts your ability to work & enjoy life.

You can also research what others have received for these conditions on the appeals site.

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Try to get more medical evidence and appeal. I did this for a heart condition and went from 0% to 60%. I was pretty shocked at this.I got this from a DRO. I would always try to get new evidence for an appeal or it can go against you, but not that often. So far I have got all my serious awards via appeals.

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Thanks for the responses. I didn't know what "Deferred Decision" meant & therefore didn't know that the VA wasn't finished with my claim. I wish I had visited this forum before I haphazardly submitted my claim. I thought the VA would do a thorough exam and diagnose my problems. I was wrong. The VA x-rayed my knee and hip, a physician’s assistant gve me a brief exam, and I was sent packing with an acknowledgement of a previously injured knee, limited knee extension, and altered gait. This didn't give me a warm and fuzzy, so I scheduled an appointment with my personal physician and was then referred to an Orthopedic Surgeon. Subsequent X-rays & MRI's revealed the knee arthritis, hip bursitis, & torn hip labrum in addition to the knee limited extension and altered gait. These exams were submitted to the VA, but I didn't know I needed a nexus letter till I visited this forum. I thought it was obvious that my hip problems were due to my altered gait.

Edited by SAR II

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I wish I had visited this forum before I haphazardly submitted my claim.

Just so you don't "haphazardly" submit a NOD in beginning your appeals process,

be sure to read over and fully study the Reasons and Basis and Evidence sections real good,

probably 4 or 5 times,prior to submitting anything else.

Find the DC's you are evaluated under, study WHY the percentage was awarded and WHAT

EVIDENCE is needed for a higher evaluation.

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Thanks Carlie, I'll review that thoroughly before submitting anything else.

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