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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    • PTSD-MST Treatment(s)
      Hi - I would like to add to this discussion without telling my 'torrid" story again - see above - Hope this is ok:  I got a call from the DRO examiner Houston TX -5/25/16  filed an NOD 4/2014 for an increase from 50%-70% since i did not add a Victim Impact Statement to my original claim in 2010 - I had to go through the PTSD program before I was able to write it.  This Victim Impact Statement got the inmate a 5 year denial as stated above, so he will not have another hearing until 2018 - that is the parole I am attempting to block - Permanently ( looking good should be completed by December 2016) I am stating all this to let you know the DRO called me and said"I have been thinking of you all day long, ever since I read your horrific claims file and your assault."  I was astonished as she related some of the detail I personally wanted notice and she acknowledged them- Validation in a sense.  I did get the increase to 70% PTSD ( Dr Vallett's IMO) and the Pending Depression at 30 % Panic D/O 30% =VA  90% and to my surprize she added the IU , since I had not worked in 3 years- The Depression and Panic were secondary to PTSD - I had filed a month or so later, so this along with the IU are still pending but since the DRO initiated this I am more positive it will go faster. ( DRO took 370 days -)     I retired from the Navy Reserves- 22 years and from Occupational Therapy after 20 due to an injury.  SSDI X 3 years -  This is not in any way a bravado type story, but I am grateful that my validation for my rape and attempted murder and ongoing harassment has finally been recognized. - Cathartic in a sense   as .... Buck52/ Broncovet / Berta/T-Bird say - Never  give up!   
      I'm in the process myself for claiming PTSD (MST) - You need to file a 21-0781a form with all the details you can recall, even if it hurts or is infuriating, there's all sorts of calming techniques that may help you concentrate to put all this down on paper. If you are seeing a Social Worker for PTSD, then you should be able to include that info, as well as any other evidence you can muster.
    • New guy here!
      Alright, so now, it is Memorial Day, I've got to break this habit of daily e-bennies check, strangely enough, today was the day that the status had changed to "Requested Documents are Past Due." I am just assuming that this is the C&P from QTC a little over two weeks ago...I should follow up with and give them a call (QTC) right? 482 Days since I submitted an ITF, and 326 days since my claims have been received. I know that I'm probably/possibly not done with C&P exams at this point either, especially since the evidence on hand for the issues I'm claiming for SC aren't descriptive like the Encyclopedia Britannica Of which, are only buddy statements. *tap* *tap* *tap* least it's being taken care of now instead of 20+ years down the road (for this initial process anyways) Oh, and to anyone who didn't know, this is not my first filing. I went through the IPEB/IDES/MEB while on AD. Naive as I had been, it was still wrong for those people who were assigned to help and guide a young buck through a portal to hell like they did, and probably still do to this day. I'm curious now though, to any information regarding persons who have also been through CL's MEB and found themselves backtracking claims to collect errors or input overlooked claims/injuries.
    • Miss Figured EED?
      Note: some of these dates maybe off..I need my C-file to compare the EED. And how they gave the EED. From what date did they start it is my main question. if they said they started it from 1998  that is CUE  because I know they didn't.....the first time this disability arose is when I had emergency surgery from the VAMC for Appendix surgery.I was sent to..the Audiology & Doc did a hearing test on me  and that was back in the 80's He stated my hearing was bad enough to receive Compensation and hearing aids...but I was working and never consider filing a claim until it got worse  in 1997..1998 is when I first filed for  the noise indused hearing loss...and tinnitus.....the tinnitus shows to be awarded a year before the hearing loss...which is all untrue  they awarded the tinnitus when I won the DRO Hearing.2002/and awarded the IU IN 2003..if they have all these records  the records will show I am right..if they don't have these records in my C-file  something is up with that...its not that much retro for them to be shredding these records if that's the case? I remember Flip mention they cheated me out of years of retro  on the 50% as well as the IU BEING PAID AT THE 100% Rate. But these dates I put up here is just my recollection from my memory and they could be off   so I need my C-file to do anything  if the VA is correct on the dates and I have no evidence to raise a fuss..Then yeah I will not file a Claim or reopen to fix this  EED I am Contesting since I seen that 1998 start date for the 50% on my 70% PTSD Award letter this year. I do have an ITF open started  back in Jan of this year. If i get my C-file and these records can prove my evidence is right and VA Cue...I will submit the hope I GET MY c-file in time.?? So hopefully by the time I get my C-file  I hope Asknod is crediting with his Aurthrozition/Certified to help Veterans.   ..............Buck
    • Miss Figured EED?
      forgot to can ask them for an Audit. Then again they make a lot of audit errors. I got an audit after Regional Counsel Cued them on a claim I had that they refused to apply the proper regs to. In the audit however, it revealed that although they had to pay me 28 thousand, they forgot somehow an  additional 11 thousand too.  I sent them my handwritten calculations and they fixed that error very fast. They didn't want the Regional Counsel calling another CUE on them. Audits are deceiving because they look like the were done right. I have personally experienced however that VA does not know how to add,subtract, multiply ,or divide, in addition to being unable to read.
    • Miss Figured EED?
      Ms Berta the Veteran is me  and this was for my Military as Noise Ind used Hearing loss  and it has got so profound  it keeps me from doing my job I was trained to do after 25 years or so. I believe you and Flip help me with this claim back then here on Hadit...Flip and I corresponded by email back then and he talk with my spouse on the phone. Flip was the one that mention they messed up big time on the EED...ABOUT 18.000.00 Worth...but I was so happy I won the claim I forgot to submit the Flip was upset pretty good that I choose a DAV SO to go with me to my DRO Hearing...if I had known now what I didn't know back then  things would be a lot different. Flip is enjoying his life now and got off Hadit...I hate to ask him for his help...I have my C-file on order...This has nothing to do with my recent PTSD Claim. altho they did give me SMC S1  H,B. and  rating at 100% I can't do anything until I get my C-FILE  and even then some of my records of this  may  may not not be  be there...since they took off that 1998 50% rating on myhealthvet.   .............Buck
    • Miss Figured EED?
      Buck if the whole search page comes up, the hadit links here  should answer your questions: I think I used my husband's example there...If not...he had a claim in process for higher rating of his 30% PTSD.1994.And a Section 1151 claim. He applied for SSDI. Early 1993. They awarded first for the 1151 stroke but I prepared reconsideration because they (SSDI) didn't consider his PTSD. I found a regulation in their SSA manual that said they were supposed to consider all disabilities.He died with 2 claims pending. When VA finally got his PTSD SSDI award ,because it was dated during the same year he had filed for higher SC rating, they (VA) gave him, a very favorable EED of 1991, the same date of the SSDI PTSD award.The award came in 1997. 100% P & T for SC PTSD. He had been dead by then for 3 years. He never even knew the 1151 claim he filed had not only been won but that I filed FTCA as well. The "Date Entitlement Arose " is what Broncovet means. The posts I made in the search link are more detailed.      
    • Miss Figured EED?
      The EED was giving back to 1999 the year I stopped working because the DRO Quoted  We gave you an EED The date you fist filed for increase &the year you show to stop working However SS Records  shows I stopped working in 1997 & I stopped working in 1997 because I could no longer work for reasons of my SC Disability  and then I  Filed a claim ...and the EED was only for the 50%  ok they Adjusted that  and it was around 10.000 at the time  but should that went back to the date Service Connection was established? on my healthvet they showed I was 50%in 1998...I never got paid for that  and they only went back to 1999  as for as I can til. Now they took that off my healthvet...I was going to print it off but waited to late and now that is not showing up in my healthvet. I did take a screen shot and sent to Asknod to look at.  but we all know the VA makes errors and could have been a typo on there part.
    • Miss Figured EED?
      "Shouldn't they have went back to 1998  the date the vet was Service Connected?" No The established medical evidence at that time, per the VA, warranted the "0" However they might have committed a CUE in 1998 and had enough medical evidence to warrant at least 10% or more.  Still not enough info here to even guess. We don't know if the "0" was for the same thing they finally awarded the SC for. " I recommend this Veteran be reduced  at 0%compensation and with draw his Service connection Completely......Sign Dr  xxxxxxx  30 years experienced Medical Dr. " If that is verbatim ,that is an incredible statement even for a VA doctor to make. Can the veteran join us here and let us see his last decision?  
    • New VA Malpractice stats from reporter
      Broncovet Its good to hear your VAMC has a good Audology Dept I will never use mine Local VMC Until a Certain ENT Dr leaves. if I happen to see him no telling what I might do to him. For some lying and bad problems he caused me during my claim process...I can't stand to look at him. I go about 300 miles to my old West Tx Big Spring VAMC for my hearing problems and to get new Aids.

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Reopen Claim That Has Nod Since 2011

3 posts in this topic

Hello, I am confused as to why the VARO reopened a right knee claim that has been in appeal since 05/2011. In March 2013 I faxed the RO and pointed out that my SMR has treatment records of my right knee in service. They had previously stated that I was denied because there was no proof that the injuries ocurred in service.

Also, the 05/2011 NOD includes back and left knee, which are being reviewed for an increase (don't know why the date is changed to 03/2013).

05/04/2011 Notice of Disagreement (NOD) RO 05/11/2011 Appeal Pending BVA

Claim Received: 03/19/2013
Claim Type: Compensation
Estimated Claim Completion Date: 12/01/2013 to 06/04/2014

Contentions: back condition (Increase), left knee condition (Increase), right knee condition (Reopen)
Claims Status Process

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It sounds to me as though they might call a CUE on themselves and reverse the decision you filed the NOD on.

Orr they are now considering the claim based on 'newly discovered Service records."

(38 CFR 3.156 et al)

"In March 2013 I faxed the RO and pointed out that my SMR has treatment records of my right knee in service. They had previously stated that I was denied because there was no proof that the injuries ocurred in service." That has changed everything on the right knee claim.

Do you yourself have copies of those SMRs?

This really gets me...why didnt the VA pick up on the inservice treatment when you originally filed the claim.

Sometimes I wonder if they even read SMRs and this is why it is always a good idea to highlight on a copy of pertinent SMRs with a bright mgjic marker and refer to the entries along with the rest of the evidence being sent in for the claim.( to include an evidence list and sent in with a Proof of mailing.)

Good for you! You didn't let them get away with that erroneous denial.

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Thank you for your response. I do have a copy of my SMR's. It is hard for me to digest, understand and remember things, but at least I finally caught the error. It scares me that the CnP doctor and the RO did not see this themselves. I know that we are our best advocate to win our claims, so I do try to read and re-read my documents, to make sure I did not miss something. I had my SMR records since 2010, but it took this long to understand that the RO said the injuries did not occur in service, while in fact my SMR records say otherwise.

Thank you again for the assistance you provide. It is very much appreciated.

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