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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    • Exams during flare up?
      So they would most likely assign the minimum rating for pain? And not assign a rating for range of motion effected by the flare up? 
    • Exams during flare up?
      It must be considered as part of the claim, as it could effect the rating percentage, but rarely is this done in the first examination. At least from 6 exams I have had. You usually have to fight for the secondary issues caused by a service connected injury.   JMO.
    • Exams during flare up?
      A friend of mine who is a fellow Vet were talking about the C&P process. Like me he has a lot of inflammation issues in his shoulders. I told him how the examiner asked me if I was having a flare up when she examined my knee. We both became curious if that has any effect on a rating.   So if a veteran is experiencing a flare up during a C&P exam. Does the assigned rater take that into consideration and rate it at less of a percentage based on the restriction of movement due to a flare up? Or do they rate it as scheduled no matter what?    
    • My husband died in motorcycle accident
      Page1006 I never intended to up set you in any way and I know all this has to be upsetting to you to say the least. I hope you have sent in statements like this one? for evidence of record   your lay statements will be considered. I agree with you I believe your hubby did have some type of episode just right before his Accident..Proving it will be hard.
    • VSO
      JoebobCVSO Thanks for your service to vets and your honesty about working claims when you can get to them. Frankly, no matter how good you are you needs the Vet's evidence and lots of it to convince the VA. Although many characterize them as the enemy in some cases, I see them as hero's that are working theirs tales off to help Vet's. Have I had some negative experiences with exams, claims and interactions with the VA-yes. But, although my rater did not give me all that I expected, it's on me to provide more solid and compelling evidence. I learned early on, that no one is going to care more about a Vet's claims than themselves. So, it's very important for vets to learn as much as they can about the disability process and help you to help them. Recently, I've agreed to help some relatives with their claims due to what I have learned so far and my claims success. But, many of them just want to hand a pile of medical records and be told when to wait by the mail box for a big check? Before I submitted my claim, I do a great deal of work to put the package together. The head of a VA CP Section looked at my submission packages and remarked that they were the most organized that he had seen in 25 years. I told him that I did not want to leave much to chance and that I had some one once tell me that you have to make it easy for the rater to rate in your favor. For me, my VSO was not very good but I know that their are great one out there doing their best and helping Vets. I for one want to thank you for your incite and help via this post. Can you talk about the 3  to 7 big trends or  no/no-s that are hurting vets as they submit their claims packages right now? Goodspeed Rootbeer22
    • Mental Health C&P
      When possible, posting redacted copies of your Award/Denial letter and discussion of evidence reviewed, would still be of great assistance. Semper Fi
    • New guy here!
      I guess at least on the bright side, I'm pending an MRI via the Choice Program, should find out what's going to happen Tuesday. Beyond that, the first person I'll be calling will be my VSO :-) thanks. Patience is a virtue, Complacency kills. Never settle, never surrender.
    • Mental Health C&P
      I am so glad that you are seeing progress.  YAY!  It's great when a Veteran finally gets a little bit of what they deserve.  This whole process is so convoluted and frustrating.
    • Mental Health C&P
      Gastone, I just ordered a copy of my C file.  My exams were all done at QTC facilities so I can't get them online. It was a MH exam that was requested by the original C&P examiner on 4/26.  He even read me the referral request when I first walked into the room on Wednesday.  He also stated that it wasn't therapy but a fact-finding mission for the VA.  I asked if I could get a copy and he said it wasn't his to give.  It belonged to the VA to use for my claim.  I saw my file during my first C&P and it had a big red EXPEDITE stamp on it so maybe that is why the turn around was so quick?
    • New guy here!
      E Benefits dates are a joke.  You cannot assume that they have much meaning, honestly.  They whip around every so often without explanation, so dont take it seriously. Your best contact for updated info is the VSO, if you can get his cooperation.  He has access to more than any of the RO info that we dont.  If he doesn't, call peggy (800-827-1000).  Sometimes it is just best to forget it for a while and let it go.  Patience can be a killer. If you take a hit on your income, are facing foreclosure, you can also put in for hardship.  I know that losing your job is a lot of stress.

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CShock

Rating Increase (Retro Process)

Question

Good afternoon,

I recently received retro pay for my initial claim and now I have received a rating increase from 60-80 percent as two contentions which were defered have now been rated. I'm a military retiree and I'm curious if the process of obtaining retro pay for a rating increase is the same as receiving retro pay for an initial claim? I.e. audit of records by DFAS, results of the audit sent.to the VA...

Thanks in advance.

Shock

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10 answers to this question

If you are unemployed ,did they make a statement as to why they did not consider TDIU? or is that a deferred issue?

The retro for a rating increase should be the difference from the past rating retro for the older percentage.

But it is difficult to know what they will actually pay here. The formal letter regarding the retro should tell you more.

It pays to check retros with the historic rate chart at the VA web site.

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Berta,

Thank you for your response. I am unemployed but I'm a full time student and I don't think I would qualify for TDIU, however I will review my paperwork to inquire if TDIU has been mentioned. I understand the retro pay will include the difference of the two ratings, I was curious if the process was the same. Once my intial claim was rated and I received my first payment, DFAS conducted an audit to determine what if any funds were owed, that info was sent back to the VA for processing, etc. I'm curious if this is the same process which will take place to determine the retro amout, if have an idea what to expect. However since I'm currently receiving payments an audit has already been conducted and payout received, with an increase it seems (in my mind) that calculating the difference and matching same to the effective date is the only requirement.

Shock

Again thank you for the info and I will review my pprwk regarding TDIU.

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CShock, read this:

http://www.disabledv...misconceptions/

And read all the links in the article.

Do not think for one minute you cannot get TDIU and go to college. I have been in college since May 2011 but my conditions have worsened since then. A VA Psych doctor just put me out of work in late April because of my service connection disabilities and I filed for TDIU. Again read the links in the articles mainly of the person who gets TDIU and works 30 hours per week as a mechanic. Don't let them fool you into thinking you can't go to college and be granted TDIU. College can and is therapy for some of us. If it wasn't for college I would be getting injections from the Psych ward in Bay Pines. College works area of the brain that Psych doctors cant even touch and no medication will help that part of the brain that is having issues. Again read the article and links you may be surprised.

Now, my FMLA ended last week at work and I guess they terminated me after the 3rd day of not showing back up from work. But the Pysch doctor wont release me to go back to work. So the VA is now responsible. Another thing I have going for me is the IMO that was completed and that letter also puts me out of work.

I asked my Voc Rehab counselor if I can still go to college if I get approval for TDIU and she said no but I am going to send her the documents and VA policies that says otherwise.

Actually this case should answer many questions for people:

http://www.va.gov/vetapp10/files3/1027075.txt

Again the person is working and getting TDIU....

Edited by rpowell01

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I find that decision to be astonishing.

Then again:

“Marginal employment shall not be considered substantially gainful

employment. Marginal employment generally shall be deemed to

exist when the earned annual income of the veteran does not

exceed the amount established by the United States Department of

Commerce, Bureau of the Census, as the poverty threshold for one

person, and consideration shall be given in all claims to the

nature of the employment and the reason for termination.

38 C.F.R. § 4.16(a). “

So I assume,although the decision didn't make it clear, that this vet's wages were below the poverty level and would remain at that point.

I don't see a P & T designation either.

I learned from my own BVA decision that much of my evidence and many factors often are never put into actual BVA decisions so I wonder if there was more to this decision than we know via the BVA award and I don't feel any vet should ever consider this decision as evidence that they can work and still receive TDIU.

This stands out to me:

“The Veteran's corrected visual

acuity was 20/20, bilaterally, and his anxiety disorder was not

shown to be significantly disabling.”

I do not see this veterans as having a severe mental health issue and perhaps that also factored into the decision.

I certainly commend any veteran with high levels of disability for trying to continue to work as it can certainly help them in many ways.

But sometimes it could cause the VA to review their claim and even change their TDIU rating.

Edited by Berta

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Good afternoon,

I recently received retro pay for my initial claim and now I have received a rating increase from 60-80 percent as two contentions which were defered have now been rated. I'm a military retiree and I'm curious if the process of obtaining retro pay for a rating increase is the same as receiving retro pay for an initial claim? I.e. audit of records by DFAS, results of the audit sent.to the VA...

Thanks in advance.

Shock

Greetings 'CShock'

Are you a career military retiree? If so Call CRDP 800-321-1080

Edited by Commander Bob

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What people do not know and this is something I have learned in the past 2 1/2 years is that a person can have a mental condition caused by either psychological or physiological or both. Psychological means there is something going on in the brain that isn't correct. A person could have an issue in the brain where it does produce something. This is mental. The Physiological is caused by something physical in the body and NOT the brain. The brain creates a fight or flight protection for people with anxiety who has disabilities affecting them physically. I have found for myself that none of the psyche meds help and even causes things to get worse. The Psyche Doctor even mentioned that to me and the only thing I take of my anxiety is a low dosage of Valium.

Now, people who do have Anxiety caused by Physiological issues can do things to keep their mind busy because if the mind isn't busy it panics. My dad who was injured in a car accident years ago basically has the same kind of issues we have. His is worse because he is older. But he gets out of the house almost everyday and does things around the house. I see him and I know why he is doing that. He would rather deal with the pain in his back than the anxiety in his mind. College is a resource of therapy for the brain. Doing college work is the same thing what my dad does in keeping the mind busy except I don't have to deal with the harsh pains in my neck and/back or the extremities.

In college you can learn wonderful things about your disabilities if you take the right classes....

I agree with you Berta and I luckily found that link in my research...

If I am granted TDIU or approved for my NOD by DRO on all my denied claims do you think for one minute I am just doing to sit in this house and do nothing? I will be helping my dad and getting outside. Will I still do college? I just don't know as of yet because I am having issues right now remembering short term so the work is getting harder and harder because of this.

To be honest I need a vacation. I need to go to Key West for a week to get away. I haven't been on any vacation since, well I cant even remember but I think it was in May 2003....That is a long time not to take a vacation...There is a huge difference in taking a vacation and staying home or going somewhere away from the house.

Edited by rpowell01

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CC Bob,

Thanks for the info and yes I am a career mil. retiree.

Shock

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Berta,

I reviewed my package and didn't find any mention of TDIU.

Shock

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Rpowell,

Thanks for the info, I will take some time and review.

CShock

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Rpowell,

You should also look at filing for SSDI. If you were in OEF/OIF, let SS know about this and you will go faster. Also let them know about your VA claim so SS can use this information to help adjudicate your claim. Should you be turned down, get an attorney. They will not take the case if they don't think they can win. It is better to get 80% of something than have 100% of nothing. Best of luck.

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