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FOIA Request for C-File

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green

Question

I asked for a copy of my C-File in November of 2014 and never received it.  I applied for a rating on secondary conditions in July of 2015 (after getting tired of waiting for it).  I received my rating in April of last year and went from 60% to 100%.  After noting the effective dates of some of my disabilities I once again contacted the VA in May and asked for the status of my C-File.  At that time they had no record of my request so I submitted a FOIA request and have received nothing to date.  This may seem like a small deal to some of you but as my 1-year date from notification of my new ratings is quickly approaching I decided to send an email to the new Secretary of Veterans Affairs on February 16th.

  • I received an email noting receipt of my email on February 17th.
  • Received an email from the person in charge of getting the data on the 21st.
  • Received an email today that the CD copy was made and that it was being sent to me directly.

All together a 5 day turnaround!

I was looking for a specific C&P where I was denied for diabetic peripheral neuropathy in 1987.  They found the doctor notes so it looks as though I'll be suggesting the VA CUE themselves on this matter as the criteria for rating is:

Degree of Incomplete Paralysis

Description

Mild

subjective symptoms or diminished sensation

 

Moderate

absence of sensation confirmed by objective findings

Severe

more than sensory findings are demonstrated, such as atrophy, weakness, and diminished reflexes.

I don't know how they could not have rated me as mild back in 1987, I also asked for an evaluation of peripheral neuropathy in 1993 which they denied.  If they backdate the condition it will mean considerable backpay as they didn't actually date my neuropathy until 2005 and in the early years I was rated at 20% and didn't receive any benefit for my wife and two kids.

Edited by green
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David.Shulkin@va.gov

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