C-File Viewing Request Denied by WACO VARO

[firemoth]

Hello All, 

 Not entirely sure where to begin, but I'll try to summarize it as best I can.

MEB Discharged from USAF (Minot,ND ) Dec. 2007 for Degenerative Disc Disease - Rated 20% (They did not evaluate my hearing loss, or broken wrist and ankle as part of the MEB Discharge, or my broken/missing dentures).

Filed my VA Claim with the Fargo VA Rep during my TAMP Briefing on Nov. 19th 2007. (The big packet of paperwork).

Received call from Fargo VAMC for my C&PE in Jan 2008, I indicated that had returned to my HOR of Dallas, Tx, they informed me to check with the Dallas VAMC in 45 days to ensure my claim/information was transferred. Called 47 days later, no evidence that I had any claim in progress at Dallas OR Fargo. I then filed another claim with the Hood County VA Rep, and total of 6 more claims from 2008 to 2015. As of 6/30/2015, my FDC started in 2014 has finally been acknowledged, but has been waiting for information FROM The DVAMC since August, even though I've never received any treatment from the DVAMC.  (The drama for the other claims is for another story.)

My VSO is the Texas Veterans Commission. I spoke to them in December, and Today, about my claim and they said it was weird, and that they were sending an email to the DVAMC for clarification. (Also, in Nov 2015 I received a letter stating that my claim was kicked out of the FDC program for said missing information, but after speaking to my VSO, it's now back in FDC.) During my December phone calls to the 1-800 #, the WACO VARO and TVC office, I asked to make an appointment to see my paper c-file in person, these are their answers: 

1)The TVC VSO said she had never heard of a vet being able to look at their actual c-file in person, but she checked and confirmed that I DO have a paper file at the Waco VARO, and that it is 2-3 volumes thick) (My medical records are 736 pages alone.)

2)The WACO VARO Records Department Rep stated that they do not make appointments for vets to view their c-file, and that they do not allow viewings. They just indicated that I would have to file a FOIA request.

3)The 1-800 Rep stated I could view it by just going to the WACO VARO and going to the Records Dept, and wait in line. 

The only real reason I WANT to see my C-File is because of that initial 2007 claim. On Nov. 29, 2007 (10 days after my claim), my digital C-File states that a Service Treatment Request was submitted by the Fargo VAMC, as well as a "VA Memo" that was appended to the STR, but the contents of the Memo were not available.  I'm very concerned that if I DID a FOIA request, they would only send me the incomplete C-File everyone is looking at, as I find it hard to believe that my 3 Volume C-File does not contain any evidence of my previous claims. I'm also concerned that all my claims were also lost during the "Shreddergate" scandal of 2008-2009.

My question is then: Is it actually possible to view my original c-file, in person, at the VARO? And if so, HOW do I word it to someone so that they understand. I will gladly drive the 3 hours to Waco just to get confirmation, but I also don't want to waste my time and gas if it's a lost cause.  

Thank you for reading this far, I omitted a lot of details, but I hope it was enough information.

Sincerely,

Christopher

 

[pwrslm]

if you do  get in to review your CFlile, take a smart phone w/you

the camera on the smart phone needs to be hi res, but you have the ability to document what is in the file, and if you have the time, you can get a full copy of the file on the phone, video JPG files are pretty easy to open and read...do it right and you can put them into a .pdf file format, which is the standard that the VA uses now...with those on your side, nobody will want to shred anything after you leave...

[Gastone]

The only problem with filing the FOIA request for a complete copy of your C-File is, you'll be about 14+ months older, when it finally arrives, That is, based on my personal experience, receipt of my File 01/14 from a FOIA hand delivered filing 09/2012.

As to any VA employee or clinician at your RO or VMC telling you, you can or can't do or have some sort of VA service, including a personal viewing of your C-File. NEVER accept the VA employee's initial response to your requst as the last word. If dissatisfied with the response, immediately ask for  Copy of the VA Regulation and a face to face with their Supervisor.

I've personally spoken to (3) different VA employees within the last 2 weeks regarding the viewing of my C-File. All have stated it's done on a 1st come,1st serve basis M-F 8am-4PM, no appointment necessary.

I was planning on doing mine but just this past Sunday, E-Ben indicated the VA had  increased me to 100% Scheduler  with SMC (S-1) effective 08/15; from 90%IU T & P (06/14 Award). Now I really don't have a reason to spend the day at the RO. Will just file the FOIA Request for 09/12 period to date, of the C-File.

The LOUD Squeaky Wheel, gets the GREASE, right. Never accept the Bum's Rush.

Semper Fi

[Buck52]

I was thinking , when we view our C-File And some records are missing that you have sent them and you have copy's...or  there are records that is in your c-file that would be very very favorable to your claim and you were denied because they failed to read those records...could a veteran file a CUE Claim for this reason?

 

I sent off for my c-file a few months before I filed my claim  hoping to get a jump on them and get my c-file before they get their measly hands on it..but its been 5 months and not a word about my c-file.

I called the 1-800 # they said my c-file is waiting on the last signature  then I should be receiving it... that's been over a month ago  and still not a word.

 

.............Buck

Edited January 8, 2016 by Buck52

[HorizontalMike]

1 hour ago, Gastone said:

The only problem with filing the FOIA request for a complete copy of your C-File is, you'll be about 14+ months older, when it finally arrives, That is, based on my personal experience, receipt of my File 01/14 from a FOIA hand delivered filing 09/2012.

.............[snip........]

The LOUD Squeaky Wheel, gets the GREASE, right. Never accept the Bum's Rush.

Semper Fi

DITTO, my FOIA request for my C-File took 13-months.

Also, be aware that when you do get a copy of your C-File, it will be a re-print of the VA's digitized copy of your C-File.  While that may sound trivial, IT IS NOT.  The VA's printers are pretty poor and you end up with a much degraded copy of those documents.  In other words, the VA always has a "better" copy than you do.

Firsthand looks at specific documents may justify a personal visit to the VARO to see the originals, with your HD cell phone camera or course.  PLUS, start practicing with PhotoShop image enhancement in order to enhance those poor quality copies.  Believe me, it can work wonders adjusting contrast & levels, saturation, etc.

[rwskitch]

... and one is able to obtain an 'app' for their smartphone from Goggle Play as I've done and 'upgrade' from the free version w/limited copies and pay a little, about a buck-fifty, could be free now,for the pro version to get unlimited scanning of documents, it works great and it's called 'Handy Scanner Pro:PDF Creator' made by Halfmobile, Version 2.1, this saved my arse numerous times when I didn't have access to my ScanSnap scanner...!

[HorizontalMike]

1 hour ago, Gastone said:

2 minutes ago, Buck52 said:

I was thinking , when we view our C-File And some records are missing that you have sent them and you have copy's...or  there are records that is in your c-file that would be very very favorable to your claim and you were denied because they failed to read those records...could a veteran file a CUE Claim for this reason?

 

.............Buck

 

BINGO for Buck! 

Failing to read your c-file records completely is rampant with the VA.  They ONLY are looking to deny and not to approve for the most part.  Case in point... I found four, yes 4, time where the MOs in my STRs refused to give me a full psych evaluation.  And my initial C&P stated that there was nothing in my STRs to document MDD.  Much of it was handwritten and needed PhotoShop to bring it up visually in order for me to transcribe, but boy is it worth it!