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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    • Fully Developed Cue
      Winning the effective date is often the most difficult and most legal and biggest legal challenge of all.  The general rule on effective dates is that that its the later of the "facts found" or the date you applied.  But there are many important exceptions to the general rule.   Many of those exceptions are covered here: http://www.purpleheart.org/ServiceProgram/Training2011/W-2 Common VA Effective Date ErrorsL.pdf If you are a Nehmer Vet, then there are anothe set of exceptions: http://www.purpleheart.org/ServiceProgram/Training2013/15-M-Nehmer Phase II - March 2013.pdf My VBM, which is at least a year old, has more than 40 pages on Effective dates, with references to thousands of pages of case law.   I recommend you take everything to a NOVA lawyer, and ask him/her if he can get you an EED and on what bases.   If he says "yes", then you can decide if you want to do it yourself or hire him or others.  
    • Fully Developed Cue
      Yeah.... and then they awarded for PTSD with bipolar....not bi polar with PTSD....PTSD is the primary condition "GAFs between 20-40, with 7 inpatient 5150s."   But they treated you for bi polar and not PTSD.....? Yet you sure didn't get PTSD at some C & P exam..... I think the date your entitlement arose was long ago , when they started to misdiagnose you....shades of 1151.... (that might be one more avenue of approach here) But best to wait for whatever the SOC says......
    • How does one continue ?
      I do understand for Vietnam Veterans their files are older and may take some time converting them to the new digital format and  copy to CD. but once they get the request  they should start the process.
    • How does one continue ?
      How does one continue to file claim without C-File? (Requested twice) not a word from VA INT is ruining out and his C-file has been order over a year now So how would a veteran submit evidence while waiting on the C-file? just send in what he has? but a certain record he needs  that is crucial  in his C-FILE that would put a whole new look on his claim s supporting evidence. Should he file the claim and wait for a denial and be ready to NOD? I'ts not the Veterans fault the VA Won't send his C-File to prepare for his claim.
    • HadIt.com T-Shirts Get Yours Now
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    • Fully Developed Cue
      Berta- I just read this reply, I know it's been a while since you wrote it, sorry. VA awarded 70% NSC rating back in 2004 for bipolar.  I was simultaneously awarded SSDI.  That base is covered.  For now winning the EED is the focus, from there, continuity is a cinch..   
    • BVA Appeal from DRO
      "Question?:  Do I give up...and, say the VA has won? "  Not if your evidence meets the 1151 criteria. "Is this what the VA wants me to do?"  Maybe. VA hates 1151s. Do you have a strong IMO?IME that follows the IMO criteria here at hadit? If not, do you have documented evidence that satisfies the 2 key issues of 1151 claims? If so, you still will need...in most cases...a very strong IMO. "  Also, what's the difference between "1151"and filing a complaint with the OIG?  FYI, currently residing outside of the country, permanently" The OIG does not get into claims issues.They would respond to a serious Patient Safety issue. There is a wealth of info here on 1151 claims in our FTCA and Section 1151 forums.. The two key issues for 1151s are: Documented medical evidence of VA negligence/malpractice ( as found in your VA medical records)and Documented medical evidence that their negligence/malpractice caused you to have a documented additional disability ratable at least at 10%. (also as found in your VA medical records, often listed as NSC on rating sheets) The additional disability must have no other etiology but for the proven malpractice (except in a few cases it can have additional etiology such as some of my 1151 claims did but I know of no other cases like that)    
    • Guidance request on C&P exam - PTSD, hearing loss, and tinnitus
      I list the following resources on my website (PTSDexams.com). The first two links are articles (posts) I wrote, published on my site: Advice for Veterans – VA PTSD Compensation and Pension Exam – Advice for veterans who have filed a VA disability benefits claim for posttraumatic stress disorder (PTSD), and have been scheduled for a Compensation and Pension examination (C&P exam). Advice for Veterans – PTSD Military Sexual Trauma (MST) C&P Exams – Suggestions for MST survivors to file a successful claim for VA disability compensation benefits, although much of the information applies to veterans disability benefits claims in general. What to Expect at Your C&P Exam – Well-written article for veterans that explains what you can expect at your C&P exam and how to prepare.  What to Expect at Your C&P Exam (Video) – A 5-minute video produced by the Department of Veterans Affairs that describes what veterans can expect at their C&P exam. Exam Tips from a Veterans Law Attorney – Check out lawyer Chris Attig’s 10 Tips to Help You Keep the C&P Exam in Perspective. He offers excellent advice from a legal perspective, which is entirely consistent with the suggestions I provide from a psychologist’s perspective.
    • Fully Developed Cue
      "Constructive Possession" is in Bell vs Derwinski.  I like to call it "Constructive Receipt".  I learned this term back in the 1980's.   Its an IRS term.  Example: YOu earn 35,000 in wages in 2014.  Your boss sends you a bonus check for 100,000 on Dec. 25, 2014, but you do not cash the check until Jan. 4, 2015.  How much did you earn in 2014?  You earned $135,000 because you "constructively received" the $100,000 bonus.  It matters not that you did not cash in until 2015, because you had that check in your hand.  You COULD have cashed it earlier, in theory, even if you got it after all banks were closed.   Besides, you got the money...that it was not in cash, but was in a check is irrelevant according to IRS.  You see, you accept your bosses paychecks "as if " they are cash, each week, because you are assuming his checks to be good.  So, you accepted the 100k bonus and it was constructively recieved.  This helps me understand Bell.   Bell says that VA has "constructive receipt" of those records, even if they were found years later to be sitting in a basement being gnawed on by rats and showed evidence of a flood damage in 1984.    Its not the Vets responsibility to say, "Gee, VA, you really had my records.  Some clerk erroneously archived them and moved them to a basement in 1983 where they were "lost" until the Inspector General found records there in a 2014 inspection"     How would the Veteran possibly know those records were erroneously stored in a basement by a lazy VA employee in 1983?    No.  VA had "constructive receipt" of those records, even if they had no clue where they were.    Its the VA's job of record management in their possession..not the Veterans.   The Veteran has no control over VA employees, but VA does..so they have to manage them.   Blaming the Veteran for records stored in a damp basement does not fly under Bell.  
    • Trentalange and Kelley P.A
      I couldn't determine from your web site if you handle FTCA. There were some large settlements listed at the site but they were stated as 'confidential' and not specified if they were settlements from VA due to successful FTCA cases filed by veterans or by their survivors.  

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stebarbar

Denied For Ptsd

Question

C7p was 9/2012 and denied ptsd 1/2013 stating no combat action ribbon and no dx by va pshchartrist but did have dx for ptsd 5/2012 . I now have a dx's by psychiatrist and psychologist numerous times and now have a combat action ribbon which I had to apply for since I got out in 1966 and CAR wasn't issued until 1969. under medication for anxiety and depression. Can anyone tell me if I have a good chance of receiving compensation. Thanks

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14 answers to this question

Nod that decision and include the evidence. ask for reconsideration.

send it certified return recipt

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Have you tried claiming for anxiety and depression to included PTSD?

Edited by free_spirit_etc

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What he said!

Nod that decision and include the evidence. ask for reconsideration.

send it certified return recipt

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VA will only service connect and compensate for 1 mental health condition. There are many symptoms that a veteran must be diagnosed with before the actual rating of PTSD. If you have a diagnosis of PTSD and can show chronicity of the treatment, (by medical records) then I would submit a VA FM 21-0958 (NOD). You do have to be diagnosed with PTSD by a VA Doc.

You do not have to be in combat to have PTSD. Which would be a basis for a NOD if that's why they denied you.

I explain to veterans that have been rated for a mental health condition other than PTSD when they believed they should of been diagnosed with PTSD. Does it really mater what the diagnosis is, if you are receiving the treatment necessary for your condition. The VA docs will adapt a program for you based upon your needs, I would believe that would be most important.

The compensation is going to be the same regardless of the diagnosis..

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C7p was 9/2012 and denied ptsd 1/2013 stating no combat action ribbon and no dx by va pshchartrist but did have dx for ptsd 5/2012 . I now have a dx's by psychiatrist and psychologist numerous times and now have a combat action ribbon which I had to apply for since I got out in 1966 and CAR wasn't issued until 1969. under medication for anxiety and depression. Can anyone tell me if I have a good chance of receiving compensation. Thanks

“no dx by va pshchartrist but did have dx for ptsd 5/2012 . I now have a dx's by psychiatrist and psychologist numerous times and now have a combat action ribbon which I had to apply for since I got out in 1966 and CAR wasn....”

You sure are right about the CAB ,Marine.

My husband was Vietnam vet, USMC 1964-1968 and his DD 214 was all screwed up until he applied for a DD 215 with a DD 149.

http://www.jag.navy.mil/legal_services/documents/DD149.pdf

Just put 'Not applicable' to the injustice part and tell them you want the CAR and any other potential decorations, awards missing from your DD 214 to be corrected on a DD 215.

and mail it to where the form directs you to.

I cant tell if you have the CAR formally on a DD 215 and the 215 is what the VA needs to see.(copy and sent with proof of mailing.)

Did you ever claim PTSD in a past VA claim that was denied?

That CAR certainly is good evidence for a stressor (which VA should concede)

Has your NOD been prepared yet?

“no dx by va pshchartrist but did have dx for ptsd 5/2012 . “

The 2012 Dx, …....was that from a VA psychiatrist?

How did the VA list that as evidence in the denial? (or didnt they list it and mention it in the denial

narrative at all ?

“I now have a dx's by psychiatrist and psychologist numerous times” VA shrinks????

Do you have a copy of the last PTSD C & P exam results?

You need to carefully read over the new 2010 PTSD criteria here

Is there any other BS reason in the denial except for the 'stating no combat action ribbon' ?

That has never been a PTSD criteria.for Vietnam Vets ..but it helps prove a stressor.

Re you able to scan and attach here this entire denial as to the Evidencxe list and Reasons and Bases? It sure sounds hokey to me how they handled your claim.

Cover your name, address and C file number if you can attach it here.

BTW my husband said they (Marines being mustered out in 1968 )were all herded into a big room in Quantico to fill out forms that ended up being the info on their DD214s. Most of them had no idea what decorations and medals they had gotten so they couldn't fill out the forms properly..... and they all wanted to get the heck out of there....

Almost 30 years later he applied for a DD 149 and was stunned by what decorations they added....

to include the PUC. (your unit might have gotten that too.....)

They sent him the American Medals but told him he had to purchase the Medals from the Vietnamese Gov at a BX or PX, as our gov does not make them.

I have been derelict in not applying for his CAR. Need to do that. They will award it posthumpously.

http://en.wikipedia.org/wiki/Presidential_Unit_Citation_%28United_States%29#Vietnam_War

This is what they awarded to 3rdMARDIV (who Zumwalt turned into 1st MARDIV)

“Presidential Unit Citation”

(It is about 2/3s down the list:)_

3rd Marine Division

U.S. Marine Corps

8 March 65-15 September 67

Vietnam War

Here is the whole thing....maybe some jarhead like my husband out there never got this on their DD 214 and should have received it:

:

“For extraordinary heroism and outstanding performance of duty in action against the North Vietnamese Army and Viet Cong forces in the Republic of Vietnam from 8 March 1965 to 15 September 1967. Throughout this period, the Third Marine Division (Reinforced), operating in the five northermost provinces of the Republic of Vietnam, successfully executed its three-fold mission of occupying and defending key terrain, seeking out and destroying the enemy, and conducting an intensive pacification program. Operating in an area bordered by over 200 miles of South China Sea coastline, the mountainous Laotian border and the Demilitarized Zone, the Third Marine Division (Reinforced) successfully executed eighty major combat operations, carrying the battle to the enemy, destroying many of his forces, and capturing thousands of tons of weapons and material. In addition to these major operations, more than 125,000 offensive counterguerrilla actions, ranging from squad patrols and ambushes to company-sizes search and destroy operations, were conducted in both the coastal rice lands and the mountainous jungle inland. These bitterly contested actions routed the enemy from his well-entrenched positions, denied him access to his source of food, restricted his freedom of movement, and removed his influence from the heavily populated areas. In numerous operations, the Third marine Division (Reinforced) demonstrated the great efficacy of combined operations with units of the Army of the Republic of Vietnam. In July 1966, the Third marine Division (Reinforced) moved to the north to counter major elements of the North Vietnamese Army moving across the Demilitarized Zone into the Province of Quang Tri; its units fought a series of savage battles against the enemy, repeatedly distinguishing themselves and, time and again, forcing the enemy to retreat across the Demilitarized Zone. Imbued with an unrelenting combat spirit and initiative and undeterred by heavy hostile artillery and mortar fire, extremely difficult terrain, incessant heat and monsoon rains, the Third marine Division (Reinforced), employing courageous ground, heliborne and amphibious assaults, complemented by intense and accurate air, artillery and naval gunfire support, inflicted great losses on the enemy and denied him the political and militart victory he sought to achieve at any cost. The outstanding courage, resourcefulness and aggressive fighting spirit of the officers and men of the Third marine Division (Reinforced) in battle after battle againsta well-equipped and well-trained enemy, often numerically superior in strength, and the great humanitarianism constantly shown to the people of the Republic of Vietnam, reflected great credit upon the Marine Corps and were in keeping with the highest traditions of the United States Naval Service.[31

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PS Jbasser gve you good info ...to file for reconsideration, if you havent filed the NOD yet BUT you would still have to file a NOD by the Jan 2014 deadline if VA doesnt act on the request.

I personally think you have bases to file for a request that VA CUE itself,if they were aware of the CAR by the time this decision was made.

The fact that they used this statement "denied ptsd 1/2013 stating no combat action ribbon" is an absolute clear and unmistakable error (CUE) whether they knew of the CAR by time of this decision, or not.

Still we need to see the actual denial decision or a direct quote in VA's own words.

Did the C & P examiner know of the CAR?

I wonder if any of these people have any clue at all on Vietnam..........

The fact that you did get the CAR indicates to me, that you probably had a list of stressors like my husband did.

Something stinks here.........on VA's part.

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I don't know how to scan and send. I read denial and stated no service connection of anxiety disorder as ptsd disorder . I also state no dx for ptsd, no combat medal,no service treatment records and no evidence of treatment for ptsd form service to present..My VA psychiatrist did dx me for ptsd 5/2102 4 months before C&P but didn't read the VA medical records. I received my dd215 this month showing the CAR and PUC for the 1st Marine Div. On 10/12/2012 Vfw VSO sent dd215, va medical report from 5/2012 of dx for ptsd by psychiatrist. I hope this helps and I really appreciate you imput. Thanks

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"I received my dd215 this month showing the CAR and PUC for the 1st Marine Div. On 10/12/2012 "

GREAT!!!!!

"Vfw VSO sent dd215, va medical report from 5/2012 of dx for ptsd by psychiatrist. I hope this helps and I really appreciate you imput. Thanks "

That is double Great!!!! A VA dx of PTSD!!!!

I think your VSO saw that they had definitely committed a legal error.

Did the VSO ask them to reconsider? Or point out their legal errors with what he sent?

In any event I am glad to see this fast update from you here.

And I knew you probably had the PUC as well.......Thank you for your exemplary service for the US of A!!!!!!

When my husband learned from the DD215 that his unit had the PUC he was at first kind of proud of that.,and started telling me some more about his experience in Vietnam regarding the "shoot them up -Patch them up stuff"....then within a few hours all hell broke loose

because he started to talk about a lot of other stressors he had ......he died 3 months after he got the DD 215 and I bought his Vietnamese medals when when my daughter graduated from Lackland BT at their BX in Texas some years after that.

He was 100% P & T SC for PTSD, 30% AO IHD, 1151 100% As if SC CVA, and SMC, death due to AO DMII award.2009)and Nehmer AO IHD award (2013) and dead due to piss poor VA health care (FTCA settlement and 1151 award for wrongful death.(1997-1998)

What do you get the 30% for now and do you think that is enough?

.

Edited by Berta

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many thanks for your input . The vfw vso sent a 21-4138 and it looks like an appeal and he also sent a letter I received 2 mos after I got out how our best friend was shot and was in critical conditioned and another team was ambushed and don't if any casualties yet. I still feel the guilt since I left after my tour in Vietnam. I was the only x grunt in the outfit who was trained all phases of guerrilla warfare. I was previous a 0341 and got transferred to shore party 1381 and the letter was to show shore party was out with the rifle companies and took casualties .

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I am surprised the VSO didnt request a reconsideration with the new evidence or call a CUE on them.

"I received my dd215 this month showing the CAR and PUC for the 1st Marine Div. On 10/12/2012 "

That is extraordinary new evidence! Make sure the VA has a copy of the DD 215.DId the VSO send in a copy of it with the 21-4138?

My husbands DD 215 was sent to VA over 20 years ago .I think their only mention of it (I had numerous claims since he died) was in my AO IHD award letter in 2012. He had been SCed for PTSD in 1983 so it was not an issue for his claim but will be in your case.

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Also I read somewhere that if you were in combat, they have to give more weight to what you tell them happened to cause your ptsd.

example I was shot at and knocked off of a tank by a sniper, but my ceramic plate saved me. they should not question that this actually occured .

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“they should not question that this actually occured . “ As long as there is a PTSD diagnosis from a VA MH professional.

you are correct in this respect :

“in the absence of clear and convincing evidence to 
the contrary, and provided the claimed stressor is consistent with the 
places, types, and circumstances of the veteran's service, the 
veteran's lay testimony alone may establish the occurrence of the 
claimed in-service stressor.”
from:http://www.hadit.com/forums/topic/51579-new-post-july-13-2010-new-regs-ptsd/

But they might.

The new PTSD regs and info in the above hadit link have helped OIF/OEF vets more than they helped Vietnam veterans,unless their claims for PTSD were filed within the specific dates...that should be in one of those links.

Also more info here.

Many vet lawyers, reps, veterans themselves and advocates like me fought these regs when they were published in the Federal Register for comments.

We were specifically alarmed at the required PTSD diagnosis that must come from a VA MH professional. An independent medical opinion diagnosing PTSD would not conform to the new regs.

The VA is probably the best in the world, in diagnosing and treating PTSD.

However, an arbitrary C & P, failing to diagnosis PTSD,when in fact the vet does HAVE PTSD from service, can save the VA big bucks.

Also Vietnam vets and other war vets still seem to need absolute proof of their stressor,unless they have the CAR,CIB,of PH on their DD 214.

Fortunately the internet has made it easier than it used to be for vets to not only get their inservice records but also find a buddy through their unit web sites,or even just by goggling the buddy's name.

A buddy who can give an eye witness account, placing them and the claimant at the same place and time of a stressor, can turn the tide on some PTSD claims whereby VA questioned the inservice stressor.

Also if the VA says they checked with JSRRC and JSRRC found no record of the stressor event, I say best that the vet write to JSRRC themselves (maybe VA just said they checked but didnt) or they can check the unit's history on line.

Obviously your situation might have occurred during a skirmish or battle,or even a brief incoming incident and it should be documented in the unit's morning reports.

But the circumstances alone,if they conform to the new PTSD regs, might get VA to concede this stressor.

I assume you were not seen by a medic or corpsman when this happened as,fortunately you sustained no injuries, and I have no doubt that this was a major stressful incident for you.

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I just got my psychiatrist notes and he dx'd for the 5 th time and 15 dx'x by psychologist. he said on 12/18/2013 ptsd symptoms anxious,easily startled,hpervigilant,having nightmares,having intrusive thoughts,mood status abnormal, agitated and irritabl but insightful. sleep fair. phq-2 screen score was 2 which ngative screen for depression.He little interest several days and feeling down or hopeless several days. this was wrong and should of been most days. I probably didn't communicate probably. he prescribed addl medicine buspar for anxiety and current medicine for depression and sleep disorder. Will this make a difference with the NOD and will dsm 5. THanks again.

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Was going to comment on the CAR (combat action ribbon) but Berta covered all the bases! At the time I retired, 2004, this award must mention the awardee BY NAME. I have an awards ALMAR (message the Marine Corps uses) that lists me and about 20 other Marines when we were awarded the CAR for action in Iraq. The regs were obviously non-existent or very different for Vietnam vets but as long as you have the papers you do, you should be in great shape moving forward.

Good luck and so sorry you have hit a bump in the road...Keep fighting, you will prevail!

LC

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