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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    • C&P Exam Completed [Bad Vibe]
      Yes, she used a Ganiometer.    Weird, I reviewed my last C&P exam which stated my ROM was less than 45 deg last time. But I was still provided the minimum rating of 10%.
    • VA Stupidity Has No Limits!
      I don't know whether it was BUD/S or SAR School, but I'm pretty sure the logs weren't easy on my back or shoulders and neither were the mile long swims with heavy fins. The dirty waters I swam in didn't help with the GERD, and the PTSD was the first thing the VA diagnosed me with and it took them almost 3 years to convince me I had it. Yet, no service connection can be found for any of these things, and these pics are just of the training!! Do they simply "DONT GIVE A xxxx?" or are they just plain "STUPID?" 
    • Ebenefits Claim Status????
      EBenefits is not that reliable.  You have a congressperson involved, no?  That would be a response to your request for help to a congress representative I would think.     Try to call Peggy (the 800 827-1000 number) and ask them what the status is.  Its more likely that they can give more complete info to you.
    • ratings
      In EBenefits, under Disabilities, it will show exactly what your current ratings are.  This should show if you have 2 10's or 1 10, same with the back rating.   I would think that they are just updated verifications of SC. One spine rating cover sacroiliac, the lumbar and thoracic sections all in just 1 rating, so you can not have 2 separate ratings on DDD for L5/S1.
    • ratings
      sorry I do have others,  attached is all that i have been awarded.   I will have to look for those decision letters also degenerative disc disease, L5-S1 20% Service Connected   11/13/2002 depressive disorder 50% Service Connected   10/24/2014 peripheral neuropathy, bilateral lower extremities   Not Service Connected     esophageal reflux (formerly DC 7205) 10% Service Connected   01/29/2009 abdominal surgical scar 10% Service Connected   07/23/2003 hiatal hernia secondary to esophageal reflux surgery 0% Service Connected   07/23/2003 right ankle condition   Not Service Connected     allergic rhinitis (claimed as sinus condition) 30% Service Connected   10/24/2014 sleep apnea   Not Service Connected     hyperparathyroidism 0% Service Connected   09/21/1993 hypertension 10% Service Connected   01/29/2009 residual scar, status post adenoma resection (formerly DC 7800) 20% Service Connected   03/06/2014 degenerative disc disease, L5-S1 20% Service Connected   09/26/2003
    • C&P Exam Completed [Bad Vibe]
      Did the examiner use any type of measuring tools for your ROM?   Shoulder and Arm Limitation of Motion Code 5201: If the arm cannot be raised to the side more than 25°, it is rated 40% for the dominant arm and 30% for the non-dominant arm. If it cannot be raised more than 45° from the side, it is rated 30% for the dominant arm and 20% for the non-dominant arm. If the arm can be raised to shoulder level (90°), then it is rated 20% for either arm.    
    • My husband died in motorcycle accident
      Found this today; Competent lay evidence means any evidence not requiring that the proponent have specialized education, training, or experience. Lay evidence is competent if it is provided by a person who has knowledge of facts or circumstances and conveys matters that can be observed and described by a lay person. 38 C.F.R. § 3.159. Lay evidence may be competent and sufficient to establish a diagnosis of a condition when: (1) a layperson is competent to identify the medical condition (i.e., when the layperson will be competent to identify the condition where the condition is simple, for example a broken leg, and sometimes not, for example, a form of cancer); (2) the layperson is reporting a contemporaneous medical diagnosis, or; (3) lay testimony describing symptoms at the time supports a later diagnosis by a medical professional. Jandreau v. Nicholson, 492 F. 3d 1372 (Fed. Cir. 2007); see also Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009) (where widow seeking service connection for cause of death of her husband, the Veteran, the Court holding that medical opinion not required to prove nexus between service connected mental disorder and drowning which caused Veteran's death). In essence, lay testimony is competent when it regards the readily observable features or symptoms of injury or illness and "may provide sufficient support for a claim of service connection." Layno v. Brown, 6 Vet. App. 465 (1994). In ascertaining the competency of lay evidence, the Courts have generally held that a layperson is not capable of opining on matters requiring medical knowledge. Ruten v. Brown, 10 Vet. App. 183 (1997). In certain instances, however, lay evidence has been found to be competent with regard to a disease with "unique and readily identifiable features" that is "capable of lay observation." See, e.g., Barr v. Nicholson, 21 Vet. App. 303 (2007) (concerning varicose veins); see also Jandreau v. Nicholson, 492 F. 3d 1372 (Fed. Cir. 2007) (a dislocated shoulder); Charles v. Principi, 16 Vet. App. 370 (2002) (tinnitus); Falzone v. Brown, 8 Vet. App. 398 (1995) (flatfeet). Laypersons have been found to not be competent to provide evidence in more complex medical situations. See Woehlaert v. Nicholson, 21 Vet. App. 456 (2007) (concerning rheumatic fever).         The whole effect of PTSD can be observed by a wife, who is a lay person.  Her statement is a powerful tool, as shown in the BVA rulings, when it is not a complex medical issue.  Behavior can be readily observed in this case, carelessness, thrill seeking, dangerous behavior is something that you can assert as a lay person.  Writing the statement, I would describe his behavior before and after, deliberately drawing out the changes in behavior and how you note them, and why/how you believe it contributed to the accident.  As long as you dont try to inject medical expertise, they can not ignore your statement.  If you son is capable of doing this same thing, and of sufficient age to understand what it means, his statement would be admissible as well.  Friends, family, employers, also can provide lay statements to the effect of behavior that was risky and dangerous.  That sense of excitement, or thrills, can be directly attributed to PTSD by a medical professional.
    • Ebenefits Claim Status????
      I have a claim I that was put in 3/20/16 its red flashed for homeless and FDC however it has been closed I looked  on E Benefits and saw that is status was no longer open saw no letters being mailed out just close. When  I looked further on my page on the left in the my profile   section under disability portion of my claim on E benefits where they have my disabilities listed at the very Bottom as Pending Disabilities then it Table of pending disabilities it say  a Congressional Inquiry 5/18/2016 New and Folliculitus  dated back to 3/20/2014 what does that mean the 2014 case is an appeal is this about to be rated is that why its in Pending Disabliites??? Help Pending Disabilities Table of Pending Disabilities Disability Submitted Type Actions Congressional Inquiry 05/18/2016 NEW   Folliculitis Face/beard 03/20/2014 NEW
    • VSO
      I believe that I have and yes this is a remand that back to the regional to appeal board then to my VSO. Everytime I check my file location it shows it as being with  my VSO at the board. All the document I sent to the AMC shows as being unsoliciated. But  since I haven't  received  anything from VA or DAV since then I'm lost about my claim.

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Question

From time to time I see that buddy letters are used to help develop the continuity and nexus of a claim. I also see recommendations for letters from a spouse, children or other family members. Does the VA really consider this strong probationer lay evidence?

I hadn't thought about having my wife write a letter, but if it will put another nail in the claim, maybe I should. Any thoughts or past experiences?

Happy Labor Day!

Mark

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3 answers to this question

I know I submitted a letter for my husband/ and him for me when we originally sent in our claim. On the VCAA paperwork we received it states "You may also send us your own statement, or statements from people who have witnessed how your claimed disabilities affect you. All statements submitted on your behalf should conclude with the following certification "I hereby certify that the information I have given is true to the best of my knowledge and belief".

After finding hadit.com - I saw this written by a former rater and questioned whether we should have sent it in or not: This is nearly a no brainer but be honest. Don’t embellish your stories with fanciful tales. Just the facts please. Be able to document everything you tell the examiner. You may run into someone like me who checked stories out. If possible have letters from people you served with, unit diary copies of incidents that occurred during your time and space, and letters from family members. Family member letters usually don’t add a lot of weight to your case because families are there to support you and examiners understand that. Which can be found here: http://www.hadit.com/thingstodoatcandp.html

I have also been reading several decisions of the CAVC and have seen letters from family members mentioned in several of the cases. It seems that family letters are used by the VA for or against the vet. Several of the decisions I was reading made statements such as "this symptom or this condition was not even mention by the spouse/family member in their letter". So if one is going to write one - make sure that every contention/symptom is covered.

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I got letters from my wife and brother. They were both used as evidence in my decision to get TDIU. A buddy letter is different since it puts you at a time and place in a combat zone perhaps.

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You know, I feel dumb for not submitting one from my wife. I hadn't even thought about it until I was reading Asknod's book over the weekend. It was enlightening, and helped fill in some of the blanks that I had on how the process worked, including the spouse letter.

Mark

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