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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Cavman

70/iu & 100 Difference?

21 posts in this topic

Is it worth the effort filing an appeal from 70/IU asking for 100 P&t?

Also, my award says 70/IU p & t. I didn`t even know a 70 iu p&t existed.

Cavman

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Caveman,

This came up on my claim many years ago. It is my recollection that if you can get 100% schedular that this is the best way to go. However, if the 100 was to be based on an extra-schedular rating then it is the same process as 70% + IU. They just do the IU rating if you have not worked in a long time. I got the P&T also. When I was rated I had not worked in over ten years and told the DRO their was no way that I would return to work.

It is my understanding that if you are 100% schedular for a medical condition that you can have earnings from employment without risking a reduction in you rating. If you were 100% schedular for a psychiatric condition that was based on employment functioning, returning to work could reduce your rating. Hopefully, other folks have the M-21citings on this readily available.

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It really depends in the situation. But in most cases you will not get to 100% schedular. I guess the question I have for you is what is the addition disability that you have that makes you think you can get to 100% schedular.

Normally unless you have a life threating condition, or loss of use of limbs, it is almost impossible to get to 100%.

Remember too that 100% and tdiu pay the same thing.

I`ve read many BVA cases where vets have been moved from 70 to 100. They all do not have an IU rating though. I guess there really is no advantage to being 100 p & t to being 70 w/IU p & t. They both have the same benefits. My main concern was getting school help for my daughter which because of illness I would not be able to afford. Now I can, so I am a happy man. I have decided to leave well enough alone.

Cavman

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Caveman

It is worth filing an appeal to get the P&T. That is what I did and got P&T one year later. Now my wife has ChampVA. For shcool it would be good and if you appeal and win the P&T status goes back to your initial IU claim date. I was 70% IU and appealed for P&T. Now 5 years later I am up to 80% but never will get 100% because of the reasons Rick expressed. It is only for SMC housebound or A&A that 100% schedular might be useful. I think if you go at it from the back door by being approved for HB they might bump you up to 100% to justify giving you HB. A friend of mine did that.

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rickb54 and

fla_viking

When I got bumped up to 70% with TDIU, for PTSD, I got my P&T at the same time, so it does happen on occasion, then about a year later I put in a claim for panic attacks with Agoraphobia , I had a C&P exam, without the VA telling me I was getting a C&P, so was approved for that, then they bumped me up 100% scheduler for PTSD. I guess it all depend on how bad the VA feels your disability is, in getting the right percentage.

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Caveman

It is worth filing an appeal to get the P&T. That is what I did and got P&T one year later. Now my wife has ChampVA. For shcool it would be good and if you appeal and win the P&T status goes back to your initial IU claim date. I was 70% IU and appealed for P&T. Now 5 years later I am up to 80% but never will get 100% because of the reasons Rick expressed. It is only for SMC housebound or A&A that 100% schedular might be useful. I think if you go at it from the back door by being approved for HB they might bump you up to 100% to justify giving you HB. A friend of mine did that.

john999:

My 70/iu says p & t with chapter 35, champva etc. At least thats the way I read it.

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Caveman

Yes you got the whole thing. Now you can start sleeping at night. Congrats and take a break and wait for the back pay check. Don't spend it all in one place. 100% schedular is something to go for if you thing you can get A&A or are housebound. You have a year to file a NOD so take a break.

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This is what gets me-

The VA granted my husband 100% P & T SC PTSD posthumously for a three year period- sending me 2 years of accrued-the regs where for 2 years only at that time.

He was totally disabled by the Section 1151 disabilties he had- that VA had caused. (documented) 100% for the 1151 stroke and th heart disease and diabetes has not ever been rated-

Nevertheless- it is basic VA case law- 100% SC plus 60% or more SC (even under 1151)as long as this is an independent additional disability- equals SMC.

(OGC Pres Op and BVA statements as well as M21-1 support this legal fact)

My vet rep questioned this in an award letter a decade ago but did not advise filing a NOD-the VA stated they did not consider Rod eligible for SMC consideration.They stated ALL of their malpractice caused his death-but listed his 1151 stuff as 100% under NSC and did not formally acknowledge them further as Sec 1151 100% until they buggered my CHAMPVA but I got that squared away.I was pretty pissed at what they did then but then within a few hours I realised again they had out a foot in their mouths so I sent the CHAMPVA stuff and stuff from their VSM that helped fix it- as evidence for my CUE.

The VA had formally acknowledged (in attempt to stop my CHAMPVA benefits)

that the veteran was 100% or more under Section 1151.

(that is not why I get CHAMPVA-that is due to the 100% P & T SC of PTSD.

They are working on my CUE on this now-

QUESTION- is a vet with TDIU actually supposed to also be considered for SMC with additional 60% SC rating?

I think they are and I think some of you get SMC with TDIU- but now I am not sure-

If the VA says you are not eligible for consideration for SMC and this doesnt seem right-

based on your evidence you might want to challenge their decision and at least get a statement of why you are not eligible for consideration.

Edited by Berta

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caveman,

I TO GOT 70% AND IU P&T. IN MY OPION LEAVE IT WERE IT IS THERE IS NO MORE MONEY FOR 100%. AND THEN YOU DONT HAVE TO DEAL WITH THE VA AGIAN . BESIDES READ THE 100% SCHEDULARE FOR PTSD IT IS VERY HARD TO GET UNLESS YOU DO HAVE THOSE SYPTOMS. AND REMBER JUST BECUASE IT SAYS P&T MAKE SURE STILL GO TO YOUR DOCTOR VISITS AND STILL GET COPYS OF EVERTHING NEVER TRUST THE VA. THEY CAN STILL CALL YOU BACK FOR A C&P FOR THE PTSD.

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On my Chapter 35 my kids were allowed to chose effective date or date of notice. It worked out well for them.

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caveman,

I TO GOT 70% AND IU P&T. IN MY OPION LEAVE IT WERE IT IS THERE IS NO MORE MONEY FOR 100%. AND THEN YOU DONT HAVE TO DEAL WITH THE VA AGIAN . BESIDES READ THE 100% SCHEDULARE FOR PTSD IT IS VERY HARD TO GET UNLESS YOU DO HAVE THOSE SYPTOMS. AND REMBER JUST BECUASE IT SAYS P&T MAKE SURE STILL GO TO YOUR DOCTOR VISITS AND STILL GET COPYS OF EVERTHING NEVER TRUST THE VA. THEY CAN STILL CALL YOU BACK FOR A C&P FOR THE PTSD.

Is this application for uniformed services ID card form (DEERS ENROLLMENT) for getting into a PX? Where did you send yours or turn it in? You and I have the same award exactly.....what have you done that I need to do? We don`t apply for chapter 35 help until the year our children finish high school right?

Cavman

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On my Chapter 35 my kids were allowed to chose effective date or date of notice. It worked out well for them.

Did your kids use your chapter 35 right away or was it years before they applied? It basically pays tuition doesn`t it?

Cavman

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It pays something like 800 bucks a month and that is it.

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yes, chapter 35 only applies after they finish high school. unless it has changed, you need to take the px, commissary id application to an active base, they have a place there where they issue you the card with picture etc...it's been many moons since i got mine, but that's the way it was then and someone has to take the pic for the id card, so i suppose you would still have to apply in person. i can recommend the MyEHealth Vet also, I had been a member for quite awhile, but i signed up last week for the complete deal where you can see and refill all prescriptions online, and in the near future will be able to see and download your medical records from the vamc. it seems this is going to be a great program. you apply at your local va medical center...you will need to apply at the Release of Information Office and it's quicker if you watch this REQUIRED short video before you go in, that way you won't have to wait. you can go ahead and register here and get your password etc set, that way when you go to apply, it will cut down on time. register here: https://www.myhealth.va.gov/mhvPortal/anony...-anonymous.html view video here https://www.myhealth.va.gov/noncmscontent/m...mhv-ipa-vid.wmv

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Cavman, to get the DOD card I called the 800-827-1000 and requested a letter stating my 100% P&T status. It took about 3 weeks. You can use the decision it self but the letter is one page long and is short and sweet. Because of your 100% P&T your card will have an indefinate expiration date. My wife's expires every three years. Web search Deers, Michigan to see where you can get an ID. The Defense Center in Battle Creek does it every work day and the Marine reserve does it only on Fridays. Take care. Terry Sturgis

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Cavman, to get the DOD card I called the 800-827-1000 and requested a letter stating my 100% P&T status. It took about 3 weeks. You can use the decision it self but the letter is one page long and is short and sweet. Because of your 100% P&T your card will have an indefinate expiration date. My wife's expires every three years. Web search Deers, Michigan to see where you can get an ID. The Defense Center in Battle Creek does it every work day and the Marine reserve does it only on Fridays. Take care. Terry Sturgis

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Is this application for uniformed services ID card form (DEERS ENROLLMENT) for getting into a PX? Where did you send yours or turn it in? You and I have the same award exactly.....what have you done that I need to do? We don`t apply for chapter 35 help until the year our children finish high school right?

Cavman

caveman,

I really have not done much i have not applied for my px card yet the closes military base is 90 miles from me so i wont use it that much so iam in no hurry to get it. i did apply for champava for the kids and wife. the chapter 35 benifits i have done nothing my kids are to young to use them and the wife already went to school. I have been busy I just bought my first house and taking care of my kids i saw my va shrink last week i still go atleast 1 every 2 months make sure you still see your shrink caveman. and keep copys. also how far did they back pay your award.

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I live about 5 miles from MacDill AFB and I never go there for anything. I just never go to the trouble of waiting in line at the gate to shop at the over crowed BX. I went there a few years ago and everyone in uniform seemed so young it was amazing.

The military is being operated by high school kids it seemed to me.

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caveman,

I really have not done much i have not applied for my px card yet the closes military base is 90 miles from me so i wont use it that much so iam in no hurry to get it. i did apply for champava for the kids and wife. the chapter 35 benifits i have done nothing my kids are to young to use them and the wife already went to school. I have been busy I just bought my first house and taking care of my kids i saw my va shrink last week i still go atleast 1 every 2 months make sure you still see your shrink caveman. and keep copys. also how far did they back pay your award.

I will always see my doctor monthly. (15 mos. coming)

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I live about 5 miles from MacDill AFB and I never go there for anything. I just never go to the trouble of waiting in line at the gate to shop at the over crowed BX. I went there a few years ago and everyone in uniform seemed so young it was amazing.

The military is being operated by high school kids it seemed to me.

john999:

A few years ago I got onto Ft. Meade, where I was stationed last and went into the PX. I asked a few if my old Cav unit was still there and no one had ever heard of it. I also felt ancient and thought the unit patches looked like some kind of foreign units. I`m not even sure the PX prices are cheaper so I probably won`t even mess with it.

Cavman

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