Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Appeals on CD-ROM Digitized C-File >Ms berta

Rate this question


Buck52

Question

  • HadIt.com Elder

Ms berta & other hadit members

I Notice on the New CD-ROM Digitized C-FILE..At the introduction of the first part of the CD it says if you disagree or want to Appeal the information in this  C-File CD  you have 60 days to Appeal from the date it's received.

sure don't give you much time do they.

Edited by Buck52
Link to comment
Share on other sites

6 answers to this question

Recommended Posts

  • 0
  • Moderator

I never cease to be amazed by the VA's "non adversarial claimant friendly system" that has deadline after deadline for Veterans, but the RO can take decades to do what ever they want.  No time limit for VA....time limits for Veterans.  

Shinseki wanted to reduce the time limit to 6 months from a year to appeal.  I can not see how that helps Vets.  

 

Link to comment
Share on other sites

  • 0
  • Content Curator/HadIt.com Elder
1 hour ago, Buck52 said:

Ms berta & other hadit members

I Notice on the New CD-ROM Digitized C-FILE..At the introduction of the first part of the CD it says if you disagree or want to Appeal the information in this  C-File CD  you have 60 days to Appeal from the date it's received.

sure don't give you much time do they.

That is like giving someone 60 days to read an entire encyclopedia and let them know if anything is missing

Link to comment
Share on other sites

  • 0

I don't recall ever seeing a post here on Hadit or for that matter, anywhere else, regarding the NODing or appeal of info in a Vet's C-File. Now I have to look back at my C-File Copies (Paper) received 01/14, check out the cover letter for the "60 Day Appeal" notification.

Buck, of more interest to me, how current was your C-File content? If your still within the "60Days," how about filing a C-File NOD, just to see what happens. You can always cancel it or let it Die but we would then know exactly how the RO's handle it. Do we get the option of a DRO Review/Hearing or what? Would be interesting to see the VARO response to your NOD Filing.

When I received my Paper File 01/14, last copied pages in the 9 in stack, ended with the Date of my FOIA  Request, about 08/12. I don't recall seeing any Rater's notes, notations on any pages or discussions and I had (2) DRO Hearings pending.

I'd have to say, based on my experience reviewing my VAMC Med Record on CD vs  paper copies covering the last 4 yrs, reviewing your C-File for inaccuracies on a CD while not enjoyable, definitely much easier than thumbing through a 1++ Ft stack of paper. Definitely a doable task of a relatively short duration.

Semper Fi

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Gastone

I'm not sure what their meaning is?

Do they mean you can appeal something that is not in the C-FILE & you have old records to show as evidence? or do they mean you can appeal something you catch that was not caught before on an old claim? like EED or a condition that should have been rated.

or do they mean they committed some type of error converting the paper to visual digitized format?

I have an EED issue that I am concerned with & possible errors committed in a old closed claim.

I am missing some records but they're not so much important to help substantiate a claim.

I have those records that are missing...so do they mean something like this....about appeals with your digitized C-File?

Currently I am working on getting all this EED Issue's worked out , I have conflicting dates about EED and rather or not I was paid the correct retro back in 2003  for a 50% Increase back in 2000...2000 was the decision date on the 50% increase  but they have records dating back to 1998 I was getting 50%...to my recollection I was not...so my question to the VA is Which one of those official records are correct? did they make a typo error ?  Actually I have more records with the 1998 date than the 2000 date...win or lose I want to get this corrected...it's a challenge to me.

it has a substantial amount of retro involved  if I can prove it...I figured 18 months of 50%  still owed.&possibly more?

 that 50%  back then was close to 609 month and I shown not having my spouse as a dependent  which I always have added her  so the adjustment for that.  and a year of 10% for tinnitus that was not paid..they have the tinnitus a year earlier than from what I was never paid for...its complicated mess  I just need to try to figure all this sh*** out.

I am working on this at present.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

My retro back in 2003 when I went from 50% to 10% to 30% combined rating at 90%  and was awared IU Using the ''Extra Schedular (b) is not in question

This EED is about when I was awarded 50%  I went from a denial in 1997 to a 0% service connection in 1998   98 is when I got S.C. and 0% rating, 2000 is when I went from a 0% rating to the 50%   that's how I figured it with what records I have...However I have decision records that show the 50% dated 4 -22 -1998...the only thing that is confusing is the 2000 decision date for the 50%

If the VA says it's the 2000 date and made error on the 1998 date  then my goose is cooked to a crisp.

I only have one official decision rating record on the 2000 50%rating date  and I have 6 official copies of the 1998 dates that have the 50% ...?  I read some where in the CFR's that when in doubt the doubt always goes to the Veteran  it's my only chance.

I am just afraid they will come back and say typo error..so who's fault would that be? and this type of error is not what they mean  with a CUE...???

I am checking my Bank records to see if I was paid retro for the 50% back in 1998...as for as I know when I was rated for the 50% It  was in 2000 and grant was stated that next month on the first of the month and I was sent the 50% check in the mail each month  because at that time I never had direct deposit set up..I did that when I got IU IN 2003.

So this makes it even harder to prove with my bank records  eh!

Edited by Buck52
Link to comment
Share on other sites

  • 0

Dang, Buck, sounds like you're looking for a needle in a needle stack!  Good luck, and good hunting there, bro!

I'd let you borrow my magnet, that can lift 50lbs, but it may cause more trouble than it's worth.  I mean, imagine a 50lb bundle of needles hanging off your hand!  :lol:

Semper Fi...Andy

Edited by Andyman73
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use