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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    • Is it possible to back date disability pay to time of injury?
      I deployed in 2007 to Iraq. Came home and served the remainder of my contract, ets'd, and began claiming disabilities staring with PTSD. I was awarded 50% in 2012. I was given back pay for the 6 or so months that it took from the time i filed the claim until the time they awarded me 50%. Recently, a friend that i served with filed for a TBI that he received during a 2011 deployment. He was awarded 80%. Instead of giving him back pay from the time he filed, he received back pay all the way back to the time of injury. Needless to say the amount was tens of thousands of dollars. Now my question is, is there some way i can have my original rating of 50% back payed from my deployment in 2007 instead of just from the time i filed in 2012?
    • Feeling Hopeless - this can't be right.
      Dear Veterans, I just received another denial letter from the VA for my Left Knee and Sleep Apnea service connection. I'm currently working with a VA Claims Specialist in Long Island, New York to help me with the claims process. He has told me we will have to file a Notice of Disagreement / De Novo Review for the Left Knee and Sleep Apnea. He also advised me this process could take up to 1-2 years. This is unfortunate and I want to make sure the VA has everything they need to give me the proper decision.   I've attached pictures of my original claims from July 2013, and the decisions I've received for Sleep Apnea and my Left Knee condition in May 2016. I originally submitted my Left Knee claim right before I got out in July 2013 and I was denied. I dislocated my Left Knee cap in 2012 while in service. Since 2013 my knee has gotten worse, I've attended many months of physical therapy and I recently had surgery in March 2016. My knee is now worse after the surgery, I'm unable to run and I'm still in physical therapy. All of this is coming out of pocket because the wait times were too long for physical therapy at the VA Hospital, and I didn't trust the VA with surgery. I was unable to submit the surgery to the VA because I received surgery after I submitted. I've submitted two (2) lay statements, a physical therapy report, and VA examination which was requested by the VA. The VA examination explained that I couldn't stand up for more then 15 mins without pain and that my knee would lock up making it difficult to walk.  I was diagnosed with Sleep Apnea in October 2013, just 3 months after I got out in July 2013. I submitted the claim a few months after because I wasn't sure about the claims process. I've submitted two (2) lay statements from Marines I deployed, lived and served with. I also have the doctors report from the VA hospital sleep study. With all this evidence I was still denied the claim. When I spoke to the VA rep on the phone they told me they didn't have my lay statements, however, the VA Claims Specialist I'm working with said this wouldn't matter because I was diagnosed within a year of discharge. I'm currently 50% with Anxiety and Depression and I have a special purpose claim for Erectile Dysfunction. Furthermore, the Left Knee claim is coming up as (New) on eBenefits even though I originally submitted in July 2013. Once I receive a decision will they back date the claim to July 2013 or from when the new claim was submitted? I appreciate all the help and suggestions you can offer.  Semper Fi
    • My C&P Results and why i'm disturbed
      Cobra4v: Yes; I'm at 90% also and got low-balled and denied on several of my contentions. I was hoping to get this corrected via my NOD but although I ordered my C-File 11 Months ago, it will be at least another 6-8 months before I see it. A few Vets on this Forum Suggested that I go to VA Secretary McDonald but we should not have to do that. I was not able to get new exams but it's really unfair that folks with NODs and other actions should be given priority for their C-Files. Frankly, FOIA says that the government has only 20 days to answer FOIA requests within that time period and then they are in violation of the law. I'm not a fan of lawsuits but VA needs to either meet these legal suspense's for FOIAs and C-Field or pay a penalty to Vets that are unable to meet their own suspense's and the VBA required suspense's for NOD's and Appeals. That said, like most Vets we just need to keep chipping away like ASKNOD over years to get what most vets deserved in the first place. Good Luck and Godspeed on your endeavors -Rootbeer22     
    • IME and Physician conflict of interest
      Old Joe I would say Veterans are fine as long as the "benefit of doubt" does not go out the window. Most folks resort to an IME/IMO because the VA is scandalous, the VA breaks the law and goes against clear, crystal clear, regulations.  It is only with an IME/IMO that you can blow their hired docs BS out of the water. The system is a completely adversarial nightmare, even though the law states differently. That is the way it is.  I don't agree with it, and I don't put up with that crap, just like most of us, Veterans and dependents, who fight for benefits and win, not because the VA finally gave in, but because the VA can't keep dodging the law. As long as we, Veterans alike, keep fighting,we will be victorious, because the regulations and laws state when we are in the right.
    • IME and Physician conflict of interest
      You have about 3 choices: 1.  Wait for this doc. to respond.  2.  Go ahead and look for another doc. 3.  Do nothing.   I recommend you wait a reasonable period, but then go to number 2.  I dont recommend number 3.  
    • Osteoarthritis in right knee
      "Presumptive" condtions is only ONE of the methods to get service connection.  There are also, direct, secondary, and caused by VA such as an 1151 claim.  What you need is: 1.  A current diagnosis of Osteoarthritis. It sounds like you got that one.  2.  An inservice event or aggaravation.  You probably have this, too, but proving it may be difficult if its not documented.   3.  Nexus, or medical link between 1 and 2 above.  The doc needs to state something close to your osteo arthritis is "at least as likely as not" due to (xx event in service, such as much marching, heavy backpacks, long hikes jumping out of airplanes, etc).  
    • IME and Physician conflict of interest
      That said is there anything being done about IME/IMO this seems to be getting a bit ridiculous that in a "non-adversarial" system that a vet has to get a IME/IMO just to stand a chance of getting properly assessed (even low balled). And the more I seem and hear it sounds like IME/IMOs will soon start to be discounted because all the vets are doing them just a standard practice when filing a claim. Then where are we going to be?
    • IME and Physician conflict of interest
      In other news, got a nice surprise when the VA awarded me retroactive pay for tinnitus. Have filed NOD, through DAV.  Rep is a cantankerous old man, I think he is kind of neat, just hope he lasts long enough to see my claim through (unfortunately he is not what you could easily confuse with a spring chicken). But it does give me some warm fuzzies that even was even dumbfounded when he read my initial rating letter that it explicitly left out the key evaluation concerning my back.  That alone should have one the "benefit of the doubt" rule.  Unfortunately I know they they wrote it off by using their "expert" as not being probative vale. Got to love how they can twist a few things in order to deny a claim.  And then conveniently ignore last little part of Title 38 CFR §3.156(a) about raising a reasonable possibility of sustaining a claim.  Yes the evidence may be cumulative, but that said the evidence displayed continued symptomology.  Seen several claims before the BVA with very similar circumstances and not have an IME/IMO.  
    • IME and Physician conflict of interest
      Still waiting on this Dr to get back with me, hope he does it soon. I know with the holiday weekend I am willing to give the benefit of the doubt that it played a hand in getting back with me.
    • My C&P Results and why i'm disturbed
      Absolutely correct. 90 is very hard to be at. I'm at 90 even right now for my cumulative. I just completed an increase C&P exam for my Bil knees, right shoulder, and cervical spine. Hoping for 100% because my days OTJ are limited at best. But I definitely want to continue working. (My wife drives me crazy)

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mojo13

Erectile Dysfunction

3 posts in this topic

I put in a FDC on 1/2/13 for ED secondary to my PTSD and medication given me over four. My VA doctor in urology confirmed this on 7/10/12 and posted on my progress notes at Tampa VA. MY question is what date do they use to retro my pay, is it 1/2/13 or 7/10/12????? I was approved 0% and awarded SMC-K at 100.00. I was told this by my VSO. On my FDC the only dates I used for claim was 1/2/13 because I thought they would automatically go back to that date. I had a C&P on 3/13/13 and doctor did confirm cause of ED medication. VA put me on these medications on 1/5/99. Can any one let me know if they will automatically go back to 1/5/99 or 7/10/12. ?????

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They generally go back to the date you first filed the claim. On rare occasions they can go back further, like if there were notes in your medical records about ED problems earlier, but it almost never happens. jmo

pr

Edited by Philip Rogers

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Thanks guy I thought so.

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