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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    • 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*....at 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 sinse I seen that 1998 start date for the 50%. 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 INT...so 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 suggest...you 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 NOD...as 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: http://community.hadit.com/search/?type=all&q=Date+eNTITLEMENT+aROSE+ssdi 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.
    • PTSD Denied NSC - Schizophrenia NSC
      You are most welcome. :o) Does he refuse psych treatment? Schizophrenia is a serious illness, but patients can often enjoy substantial improvement with treatment. With the NSC 50% rating for schizophrenia, he can receive free treatment at a VAMC or VA outpatient clinic.  When was he discharged? @THOMAS89031's point about continuity of symptoms is an important one. I've done several C&P exams with vets who were not diagnosed with schizophrenia in service but who began to manifest symptoms shortly after service. Schizophrenia usually starts with prodromal symptoms before progressing to the full-blown disorder, so if those symptoms can be identified as beginning during military service, and then continuity of symptoms can be demonstrated, then the veteran should be service-connected. (Of course, the ultimate decision is up to VBA or the BVA, as you know.) He might very well also suffer from PTSD, but it will help to see what the C&P examiner said about that. Yes, being wounded by an explosive booby trap is certainly a traumatic stressor. It sounds like they are not disputing that fact, but are instead saying that he is not displaying PTSD symptoms (or not many) currently.  You really need a psychiatrist or psychologist with experience conducting C&P exams, otherwise they won't know what kind of information VBA needs to determine service connection. Also, keep in mind that when a doctor completes a DBQ, he or she is declaring him or herself to be an expert witness, offering an expert witness opinion in a federal legal proceeding. Consequently, psychologists and psychiatrists who know what they are doing will devote sufficient time to conduct a thorough, evidence-based evaluation, and write a cogent report to support their diagnosis and opinion(s). So, you're talking at least 5, and as many as 10 hours for a good evaluation and report. At anywhere from $150 to $300 per hour (psychiatrists usually charge more), you're looking at $750 to $3000 for a well-written, persuasive report.  A potentially effective, but less expensive option is a "report critique", in which the psychologist or psychiatrist reviews all the relevant records, and then critiques the C&P exam report, pointing out deficiencies particularly with regard to following established VA guidance for C&P exams, and professional standards for such evaluations. Such a critique can support a request for reconsideration and a new C&P exam. If granted, the critique puts the new C&P examiner on notice that they better conduct a thorough, evidence-based evaluation consistent with VA guidance and relevant professional standards ... because you (and your experts) are watching.  Keep us posted!  All the Best, Mark  
    • Curious
      Hi Everyone! Would Like To Say Happy Memorial Day To My Fellow Comrades And All The Fallen Veterans For Paying The Ultimate Price Of Life! I Went On Ebennie Friday, May 27, 2016 And Seen Where My Claim Went To PDA. I Originally Filed For Three (3) Contentions: hysterectomy, bilateral foot condition and cervical radiculopathy. I received both C&P examinations on May 13, 2016 for hysterectomy and bilateral foot condition, but have not received one for the cervical radiculopathy. Have there ever been a situation where the rater may possibly rate the cervical radiculopathy along with the other two, if I have sufficient evidence in my records?

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pipeman043

Sc Ptsd With Tdiu

12 posts in this topic

Hi there,

I haven't been able to locate an answer to my question so

I'll ask it here....

I am currently recieving a Non SC pension from the VA.

I initially applied for SC but like everyone else have been denied.

The SOC stated among other things that the C&P examiner determined

that the Board certified VA staff Psychiatrist who had been treating me

for PTSD didn't know much and in one visit the C&P examiner decided that

despite all the other evidence to the contrary that I didn't meet the criterion

according to the DSM-IV. I did the NOD and was denied again. my appeal has

been sent to the BVA and I have asked for a travel board hearing so I expect

that the file will be remanded to the RO. I had applied for SSDI and SSI as well.

the RO didn't bother to get the records from SSA or even include the treatment

records from the Vet Center that has been dealing with my PTSD for the last

nine months.

Having provided that background material the question is...

Will the VA have to give TDIU for SC PTSD considering they already decided

that I am total and permanent for my other health issues, which I claim are secondary

due to the PTSD...( Cardiac, Past MI, COPD, GERD, ect.) thats why I get the NSC pension.

This is such a messed up affair, the RO has determined that all my stressors are

verified, and they have the documentation to prove everything I have told them.

The SSA decided that I am medically eligible for SSI but get too much money from

the VA. Since I have been unable to work for several years I no longer qualify for

SSDI due to lack of recent work quarters. I honestly believe what many others

have said in the past, that the VA tries to run you down till you lose the will to

fight or end up dead before you can win. I count my blessings that I am fortunate

to be getting something from the VA, although the price paid to be eligible is a bit

extreme.

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What was the reason for PTSD?

Was the Gerd hard to get and what kind of C & P did you have? Curious because I`m diagnosed SC for ptsd and I have Gerd/Barretts Esophagus.

Cavman

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Cavman,

Been to two C&P's one for the PTSD and the other for COPD

both were denied for SC. As to the other items, I have been

going to the VAMC since my Heart Attack so they already

had all my medical records in their own files. Plus they

got copies of the medical files from my outside cardiologist

that I made sure they mailed directly to the RO and to the

VAMC. The VA diagonosed the GERD themselves so it was

hard for the RO to deny it. I have had three stents put into

my heart arteries, each one due to restenosis and the VAMC

has those records as well. I have found that the best bet is

to be proactive and keep them supplied with a papertrail

Good Luck in your endeavor!

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Pipeman,

If there is any evidence that you sent the VA and it was not listed on any rating decision or Statement of the Case (SOC), then the VA must address those evidence in a Supplemental Statement of the Case (SSOC). The only way to have the BVA address those evidence instead of your RO is to waive the regionl offices jurisdiction in the matter. If yoiu don't waive the jurisdiction, then your claim will more than likely be remanded back to your RO so they can consider the evidence and grant the benefits sought or issue the SSOC.

You might want to get another evaluation from another shrink who confirms your first diagnoses of PTSD. I suspect with this evaluation and the evidence the VA did not address for what ever reason, it will sway the benefit of the doubt in your favor and the regional office will award service-connection for your PTSD and all secondary condition related to it.

Will the VA have to give TDIU for SC PTSD considering they already decided

that I am total and permanent for my other health issues, which I claim are secondary

due to the PTSD...( Cardiac, Past MI, COPD, GERD, ect.) thats why I get the NSC pension.

VA will award IU if the evidence show you are unable to work soley due to service-connected disabilities. Generally, the VA will not consider IU unless you submit VA form 21-8940. It also depends on what individual rating percentage is warranted for each disability. For example, if your PTSD alone warrants 100%, then IU becomes a moot point; however, you may then be eligible for SMC due to your other secondary condition. It just depends what the individual rating are.

I honestly believe what many others have said in the past, that the VA tries to run you down till you lose the will to fight or end up dead before you can win. I count my blessings that I am fortunate to be getting something from the VA, although the price paid to be eligible is a bit extreme.

If the VA was out to scew you in this situation, then they wouldn't have awarded you NSC pension, would they?

I suspect that once you obtain the second evaluation and resubmit the evidence that you said was never mentioned in thier rating decisions and SOC, you'll prevail in your claim. Maybe the evidence that wasn't discussed or taken into account never made it to where it should have been. This does happen and is unfortunate when it does, but it will all get worked out.

Vike 17

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Hi there,

I haven't been able to locate an answer to my question so

I'll ask it here....

I am currently recieving a Non SC pension from the VA.

I initially applied for SC but like everyone else have been denied.

The SOC stated among other things that the C&P examiner determined

that the Board certified VA staff Psychiatrist who had been treating me

for PTSD didn't know much and in one visit the C&P examiner decided that

despite all the other evidence to the contrary that I didn't meet the criterion

according to the DSM-IV. I did the NOD and was denied again. my appeal has

been sent to the BVA and I have asked for a travel board hearing so I expect

that the file will be remanded to the RO. I had applied for SSDI and SSI as well.

the RO didn't bother to get the records from SSA or even include the treatment

records from the Vet Center that has been dealing with my PTSD for the last

nine months.

Having provided that background material the question is...

Will the VA have to give TDIU for SC PTSD considering they already decided

that I am total and permanent for my other health issues, which I claim are secondary

due to the PTSD...( Cardiac, Past MI, COPD, GERD, ect.) thats why I get the NSC pension.

This is such a messed up affair, the RO has determined that all my stressors are

verified, and they have the documentation to prove everything I have told them.

The SSA decided that I am medically eligible for SSI but get too much money from

the VA. Since I have been unable to work for several years I no longer qualify for

SSDI due to lack of recent work quarters. I honestly believe what many others

have said in the past, that the VA tries to run you down till you lose the will to

fight or end up dead before you can win. I count my blessings that I am fortunate

to be getting something from the VA, although the price paid to be eligible is a bit

extreme.

My thoughts will only be on the SSDI issue - you need to appeal the denial. You want to get to the ALJ level. You may want an SSDI attorney to assist you. If you were not represented by an attorney and have been diagnosed w/PTSD you can appeal any tolling issue. You need to establish an earlier disability onset date that should be the day after the last day you worked and earned more then $8k-$9k. A friend just won his - he filed an SSDI claim around 2002 and the ALJ found him really screwed up and established his disability onset date of 12/1/97. The ALJ then thanked him for his service.

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Pipeman-

reading over all your posts I have two questions-

Have you been given a clear cut PTSD diagnosis?Or diagnosis of anxiety disorder?

Do you have proof of the stressor(s) inservice that caused the PTSD (or anxiety)?

If a vet has PH, CAR, CIB or anything denoting combat on their DD214 the VA concedes exposure to stressful events of warfare.

Others need proof of the nexus or link of their PTSD to a specific stressor event during their service.

Edited by Berta

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To clear up these two questions and one from the other thread...

first shrink I went to @ the VA said no doubt PTSD and wrote right

in the narrative that I was advised to apply for SC compensation.

Kept seeing him for several months. Suddenly he was gone and I

was assigned to a new staff shrink. He said he was unsure if it was

just PTSD or a depressive disorder NOS with anxiety components.

So they send me to see someone for a PTSD eval. That guy was

downright hostile to me and acted like I was taking up his valuable

time so I just shut up and left. They then schedule me for a C&P

but cancel it two weeks later and then call me on the phone with

a new appointment the following day but not at the VAMC but

rather at a vet center 60 miles away. I arrive 15 mins prior to

appointment set for 10:00 and wait. at 10:25 this gal rushes in

says she will be with me in a min or two, that she needs to grab her

coffee and messages. I am called in 8-10 mins later and she starts

peppering me with questions. We didn't hit it off right from the get go

and things went downhill fast. She said this isn't working and that the

interview was over. I was back on the road by 10:50. She wrote a

wicked nasty eval saying that I had a personality disorder, nothing

more. So I had applied for SSDI and SSA and they sent me for

testing. that guy says yes I have PTSD and that the MEDs they

have perscribed are masking some of the symptoms. Meanwhile

things in my life are not going so hot... Had an bad anxiety attack

and was refered to vet center(different one) so I send them a letter

telling them my situation. They have me come down and it's now

been over 9 months every other week I go plus still see the VA

shrink. Vet center sent report to the RO and to BVA about how

badly I was affected by the PTSD. RO ignored the report and certified

my appeal to BVA. After two months of no word, I email to ombudsman

and find out that my appeal was sent to the DAV even though my POA is with

the AL. So I raise a stink. that was in July. TODAY they said that

my appeal just returned from the AL and that it had a october 05 docket date

and that they were currently working on November 04 dockets but they had my

letter requesting a travel board hearing and didn't know how long it would

take for the remand but to be patient...

As to the stressor letter and all the various items that needed to be developed,

yes they all checked out and they have ample documentation, plus photos and

court hearing transcripts. they have no wiggle room in that regard, so in

the SOC it says that while all my stressors have been verified, there are

conflicting diagnoses and the question of equipoise does not enter the picture.

They didn't even look at the vet center reports or the SSA paperwork.

So as I see it I will simply have to wait it out till the board sees the evidence,

in maybe a year from now

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Did you get a VCAA letter with a highlighted or underlined statement as to what the VA says they want?

Did you make an election on the Form that says VCAA Notice and check off one of the boxes?

The VA is failing to send out these letters-it is in the new VBM- they cannot deny a potentially valid claim without the proper VCAA Notice and the statement that is specific to each claim-as this is a procedural error that can be prejudicial to the veteran.

I think my RO has two piles-those who get the proper notices and those who dont because it seems to me they are only working on claims with returned election notices-

If you put Remand into the BVA browser you will see how many remands are due to this violation-a basic DTA reg.

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For the life of me I do not understand why the VA makes it so rough for Veterans to get legitimate benefits.

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Hello Everyone:

Phillip I was reading your response about your friend. I am also SC with PTSD and I also have SC Chronic Peripheral Polyneuropathy (Nerve Damage in all extremities). I have a claim pending for T&P due to IU and in June 2006 applied for my Social Security Disability which is now at the Disability Adjudicator's office. I stopped working in Oct/05. I started receiving VA's disability compensation in 1999 but I was diagnosed right after I got out of the Military, in 1996 with Chronic Polyneuropathy and PTSD but like I said I didn't file a claim until 1999, I didn't know at that time to file a claim and thought it was to late. I am currently at a Combined Rating of 70% (VA's Math) but 60% for the Chronic Polyneuropathy and 30% for PTSD.

For the Social Security Disability though I knew I couldn't file back then cause I was still managing to work. I have a Disability Firm assisting me with my SSD because I just couldn't deal with them and VA at the same time. My Question is SSD won't go back any further I thought then the date of my claim?

Michelle

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Hello Everyone:

Phillip I was reading your response about your friend. I am also SC with PTSD and I also have SC Chronic Peripheral Polyneuropathy (Nerve Damage in all extremities). I have a claim pending for T&P due to IU and in June 2006 applied for my Social Security Disability which is now at the Disability Adjudicator's office. I stopped working in Oct/05. I started receiving VA's disability compensation in 1999 but I was diagnosed right after I got out of the Military, in 1996 with Chronic Polyneuropathy and PTSD but like I said I didn't file a claim until 1999, I didn't know at that time to file a claim and thought it was to late. I am currently at a Combined Rating of 70% (VA's Math) but 60% for the Chronic Polyneuropathy and 30% for PTSD.

For the Social Security Disability though I knew I couldn't file back then cause I was still managing to work. I have a Disability Firm assisting me with my SSD because I just couldn't deal with them and VA at the same time. My Question is SSD won't go back any further I thought then the date of my claim?

Michelle

Here's a link to what you are probably looking for: http://www.ssa.gov/OP_Home/rulings/di/01/SSR83-20-di-01.html

Here's the link to "social security acquiescence rulings" rulings: http://www.ssa.gov/OP_Home/rulings/rulings.html

Edited by Philip Rogers

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Hello Everyone:

Phillip I was reading your response about your friend. I am also SC with PTSD and I also have SC Chronic Peripheral Polyneuropathy (Nerve Damage in all extremities). I have a claim pending for T&P due to IU and in June 2006 applied for my Social Security Disability which is now at the Disability Adjudicator's office. I stopped working in Oct/05. I started receiving VA's disability compensation in 1999 but I was diagnosed right after I got out of the Military, in 1996 with Chronic Polyneuropathy and PTSD but like I said I didn't file a claim until 1999, I didn't know at that time to file a claim and thought it was to late. I am currently at a Combined Rating of 70% (VA's Math) but 60% for the Chronic Polyneuropathy and 30% for PTSD.

For the Social Security Disability though I knew I couldn't file back then cause I was still managing to work. I have a Disability Firm assisting me with my SSD because I just couldn't deal with them and VA at the same time. My Question is SSD won't go back any further I thought then the date of my claim?

Michelle

Michelle - SSDI can go back, without going thru an ALJ, 17 months prior to the date of you filing a claim. Five of those months are withheld but you can get a year of retro benefits paid to you. The date they find you disabled is very important. For many, they don't realize they can file until years later and SS response is often denial because of the 5yr cutoff. They lie just like the VA does when quoting 4.16a and not 4.16b.

Edited by Philip Rogers

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