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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    • Mental Health C&P
      When possible, posting redacted copies of your Award/Denial letter and discussion of evidence reviewed, would still be of great assistance. Semper Fi
    • New guy here!
      I guess at least on the bright side, I'm pending an MRI via the Choice Program, should find out what's going to happen Tuesday. Beyond that, the first person I'll be calling will be my VSO :-) thanks. Patience is a virtue, Complacency kills. Never settle, never surrender.
    • Mental Health C&P
      I am so glad that you are seeing progress.  YAY!  It's great when a Veteran finally gets a little bit of what they deserve.  This whole process is so convoluted and frustrating.
    • Mental Health C&P
      Gastone, I just ordered a copy of my C file.  My exams were all done at QTC facilities so I can't get them online. It was a MH exam that was requested by the original C&P examiner on 4/26.  He even read me the referral request when I first walked into the room on Wednesday.  He also stated that it wasn't therapy but a fact-finding mission for the VA.  I asked if I could get a copy and he said it wasn't his to give.  It belonged to the VA to use for my claim.  I saw my file during my first C&P and it had a big red EXPEDITE stamp on it so maybe that is why the turn around was so quick?
    • New guy here!
      E Benefits dates are a joke.  You cannot assume that they have much meaning, honestly.  They whip around every so often without explanation, so dont take it seriously. Your best contact for updated info is the VSO, if you can get his cooperation.  He has access to more than any of the RO info that we dont.  If he doesn't, call peggy (800-827-1000).  Sometimes it is just best to forget it for a while and let it go.  Patience can be a killer. If you take a hit on your income, are facing foreclosure, you can also put in for hardship.  I know that losing your job is a lot of stress.
    • Knee Condition
      No yet, I've been on the waiting list. 
    • Assistance With Sleep Apnea Claim
      You will have a fight on your hands no doubt, but with your medical opinions and wife/buddy statements, personally I would pursue the claim.  JMO I am stubborn, however, I fight for what I can prove by medical evidence and medical rationale.  If I didn't I'd still be stuck at 30%.  Just facts, if you file for something, pursue it until the end, otherwise why put a claim in to begin with.   Principle is why I keep going.
    • My husband died in motorcycle accident
      The witness reports state that he ran the red light at a very high speed and as I said he knew that street so well and his behavior right before the accident was very out of his character. He lived .3 miles from that street for 10 years. The witnesses also stated that his helmet was not locked so it flew off during the crash.  He woke up that day cleaned out the house, cleaned the patio (I had asked him to do that for weeks), he cleaned his closed, took our son to the playground and left.  The day before I tried to convince him to move to FL and he said "no I want to die in Maryland." I think his behavior was very strange.  He was a very great dad. He was mister mom in our relationship and he would have never put his life in danger like that in a normal state of mind. I had never seen my husband cry during our relationship until he was recalled and he got so scared. He didn't want to go back to Iraq and one day he called me from SC and he started crying like a baby saying he doesn't want to leave our son for one year. I am convinced that he had an episode before the accident.     
    • My husband died in motorcycle accident
      The VA used it for this claim. The C & P might have been done in 2008 or 2009. The veteran was not prescribed any meds for his PTSD and the only treatment record seems to be what the BVA remanded for: "Obtain any records of treatment from the Perry Point VAMC since the Veteran's discharge in January 2008 until his death in April 2010." Page stated here recently:  "I also received the autopsy report and some medical records from the VA medical center my husband was seen once before he passed away" From Jan 2008 to April 2010 ......no meds and only one treatment record "once" as far as I know. That is not consistent with many other things mentioned in this thread. This is for a lawyer to handle. I cant offer anything else here. The lawyer will have the entire medical record..  

       
    • PTSD Denied NSC - Schizophrenia NSC
      VVS:  Sadly, you/your brother are dealing with someone in the VA who has no common sense OR CLUE as to what they are doing!! Its going to take a lot of research, but in the end, you/ your brother will prevail. In Wilson V Drewinski (1991) "The regulations requires CONTINUITY OF SYMPTOMATOLOGY; NOT CONTINUITY OF TREATMENT... Yes, the WIA does show an event..etc...   As for your brothers IHD,  suggest you/he fill out your info on  va form 21-0960A-1 , and take it to your brothers cardio dr. and have him complete it.  I would also complete a VA 526-EZ (ASKING TO REOPEN A PREVIOUSLY DENIED CLAIM) and send it to the VA along with the 21-0960-A. IMHO, you should FAX these forms to the VA INTAKE CENTER IN JANESVILLE,WI.  FAX# 844 822 5246  BERTA/THES REST OF THE GANG WILL GET DOWN IN THE TRENCHES WITH YA....HANG IN THERE!!!

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tdak

Rating Board Time Frame.

6 posts in this topic

Hello again,

What is the usual time frame for a file to be at the rating board? OK, I know the word usual should probably be removed, but on average. I just got off the phone with 1-800-827-1000 and I was told that they no longer give out approximate dates, because the file isn't always rated by the date they have told you and the fact that they have been getting so many claims recently. My file went to the rating board 8DEC06. The last update she had for me was that it was still at the rating board on 10JAN07.

Oh, and I talked to a woman, can't remember her name, but she was very nice and helpful.

Thanks,

Tamara :huh:

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Your file can be bounced from the rating board back to Pre Determination - then it could be sent for more evidence gathering -

you could be called for a 1st or 2nd C&P -- the rating board could request another medical opinion etc...

Being at the rating board does not mean much.

The vet gets an answer when ever ----- the vet gets an answer.

JMHO,

carlie

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Carlie,

I have already had a C&P, and the info on my first letter only the Chiari malformation claim was rated as of now, but there is a list of symptoms:(head injury, neck pain, back pain, migraines with nausea/vomiting, memory loss, tinnitus, dizziness, constant aches and pains, fevers) have been put in as residuals of the Chiari and not stand alone conditions (which some are). It then stated that it was deferred that the osteoarthritis in the right knee was deferred because they needed more information. It also said they requested a medical examination, hmm.ok no info on that yet, and this letter was dated 06OCT06. The C&P did have so far. The doctor checked me for everything (it was almost an hour long), but willing to go again and again. Now that's just the 2nd page of the decision letter. In the next pages (the one with that gives you the introduction/decision/reason for decision states under the reason section that the Chiari residuals(all listed above) are directly related to the military service. They go on to say they are giving me the minimum rating of 60% assigned to benign growths of the brain (yes it is a growth of the brain because the brain herniated). Higher evaluation of 100% is granted for malignant brain growths.

The next paragraph states: The disability is not specifically listed in the rating schedule; therefore, it is rated analogous to a disability in which not only the functions affected, but anatomical localization and symptoms, are closely related.

Here is a copy of part of the rating schedule:

" Brain, new growth of:

8002 Malignant 100

Note: The rating in code 8002 will be continued for 2 years following cessation of surgical, chemotherapeutic or other treatment modality. At this point, if the residuals have stabilized, the rating will be made on neurological residuals according to symptomatology.

Minimum rating 30

8003 Benign, minimum rating 60

Rate residuals, minimum 10

Note: It is required for the minimum ratings for residuals under diagnostic codes 8000-8025, that there are ascertainable residuals. Determinations as to the presence of residuals not capable of objective verification, i.e., headaches, dizziness, fatigability, must be approached on the basis of the diagnosis recorded; subjective residuals will be accepted when consistent with the disease and not more likely attributable to other disease or no disease. It is of exceptional importance that when ratings in excess of the prescribed minimum ratings are assigned, the diagnostic codes utilized as bases of evaluation be cited, in addition to the codes identifying the diagnoses."

I would like to see the list symptoms needed to fulfill this requirement. I wonder if each symptom is rated at 10% or the 10% is the minimum for the total rating of all residuals as it shows above

Ok, to move on to the knee. They state here that "The issue for osteoarthritis of the right knee is deferred for the following information: additional development.”

So when I called for a status report on my claim they keep telling me that they are working on the back and neck part of the claim as well as the knee. I have no clue sometimes, because I keep thinking that they bulked together all the symptoms from the Chiari, but at the same time it seems like they have taken out the neck and back pain/cervical strain (plus I have had the 1st 2 cervical vertebrae partially removed) and are going to rate them separate. WOW! That was a lot. Sorry I veered a little off course, but I figured I would fill you in on all of it so you could get the big picture.

The woman at the 800# also told me that they will not contact you e.g mail, while your claim is being rated. She said that was because it was at the final stages of being rated. Some days I have no idea who to believe at the 800#. I have been told some totally untrue information, and then again I have been given great and detailed info like today.

So now what do you think? Maybe this is the final stages, or maybe they want to send me to another C&P again? I just want some sort of answer, that’s the part that kills me, waiting to find out anything.

Thanks so much for listening!!

Tamara

PS. I guess "hurry up and wait" is still the unwritten motto of the military.

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I submitted my claim in March of 05. It went to the rating board in June of 06. I just received a partial rating decision dated 28 Dec 2006 with decision letter dated 9 Jan 2007. They deferred two of the conditions for further VA review examination on one and pending additional information on the other. At least they finally gave me something instead of continuing to hold the whole thing up until all the issues have been rated.

So it was almost 6 months at the rating board, before a decision.

22 months is how long it took before I received a partial decision with 21 months of retro for the claims that were approved.

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If you are fortunate to live out here in the middle of no where (Nebraska) it usually takes less than a month. My last claim was at the rating board less than 2 weeks.

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If you are fortunate to live out here in the middle of no where (Nebraska) it usually takes less than a month. My last claim was at the rating board less than 2 weeks.

I do live in the middle of no where, but the problem is that I am bulked in with Metro NY, because I live at the very edge of the county. I only live 2 miles from another county which would then go to a different place. Way back when the claim was first sent, they were processing it, but then because of the overload of claims, it was sent to another place to be processed, which made it even longer because of the in-transit time.

I am just thankful I am SC.

PS. I was stationed at Offutt AFB, Nebraska. It sure is beautiful there.

Edited by tdak

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