C-file

[smilen66]

After denial of my claim for back, hip and shoulder in August 2009, I requested a copy of my c-file and filed for reconsideration for my back and hip based on new evidence. I added two additional (documented in smr) conditions (knees & feet). I finally received my c-file this week. I have 2 concerns about the contents of it.

1. I submitted an IMO and xray results for my thoracic back as new evidence for the reconsideration of my claim. They were mailed and receipted by U.S. Postal service on the same day same envelope. The xray results were included in my c-file however, the IMO was not. I contacted my VSO and he stated he will forward another copy and I will of course, send another one to the RO also. The point, I'm trying very hard to make, is the importance of checking your c-file. I worry about if sending it again because I'm not sure if the IMO will it be considered or even make it into my c-file.

2. My second concern is about a note found in my c-file.I am confused about the note contents and I'm not sure if it was suppose to be in my file. I will type pertinent parts of it.

Name:

Date:

Station:

User: Man's name is on note

Note Type: Develop Note

Associate to claim: Reopened Compensation (date)

Note suspense Date: (blank)

Satisfies periodic notification requirement: False?????

STR Review

1. bilateral knees: Tabbed

2. Flat Feet: Tabbed

3. Degenerative joint disease thoracolumbar spine: Reconsider within one year

4. Degenerative changes left hip: Reconsider within one year

5. Degenerative changes right hip: Reconsider within one year

According to VSCM-21-05-07 (couldn't locate to lookup), I only VCAA'd for new conditions and not the reconsideration conditions.

________________________________________________End of note_________________________

What does all this mean? Thank you in advance for all comments that will help me understand what's happening.

[halos2]

This could take a long time as you will find out many of us have been fighting and waiting for years and years. You never know what you will find in your c-files. I found notes from a rater to two different DRO's...fortunately these were written about my claim, unfortunately they could't decide what to grant and what to deny...guess which won out?? You bet...DENY.

The rater changed all the evidence around and said vet says...and thereby went in VA's favor, when it was clearly written the dr says...anyway she changed it all around which is why they wanted to sever, but once clearly shown by me in my personal hearing what she did, I was granted an increase on the one claim.

In fact the soc said the VA cued itself...and granted me the higher % as a mistake occurred with original lower grant.

The only reason I think I got these "other" papers is the VA had not sent me my complete c-file as requested 4-5 times. Only would get partial copies and blank "copy" sheets. I requested an appointment to get them and went there and they sent them to me per VARO manager as they told me copy machine was broken the day I showed up.

Don't ever trust them. They have a very bad habit of assumming or diagnosing something else when they have no medical degrees or medical licensure either.

I send them info(certified/registered) fax to my VSO and mail to my VSO to forward...Rather have at least 3 copies of valuable documentation then 1 which they may dispose of.

The worksheets of a rater or DRO I don't believe are usually placed in the c-file...the majority of the time they are kept in their own files because they don't want you to see what/how they utalized the data, and how they came to their conclusion. Also they try to protect their anonymity. They actually fear someone will seek retaliation against them is what I have been told.

Just keep everything you get from them, and everything you send to them. Hope you have patience, as it might be a long haul here with your VA travels. :(

What era did you serve?

[Commander Bob]

Advice needed.

According to VSCM-21-05-07 (couldn't locate to lookup), I only VCAA'd for new conditions and not the reconsideration conditions.

How long have you had your current disabilities rated?

[smilen66]

"The worksheets of a rater or DRO I don't believe are usually placed in the c-file...the majority of the time they are kept in their own files because they don't want you to see what/how they utalized the data, and how they came to their conclusion. Also they try to protect their anonymity. They actually fear someone will seek retaliation against them is what I have been told."

Halo2,

Anonymity, was what I was thinking also. It was really shocking to find the man's full name on note/worksheet.

What do you think VCAA'd (see note) means?

Thanks for sharing your experiences and knowledge!

I served from 1980-1984. I was a 54E (Chemical Operations Specialist). My basic was at Ft. Jackson, AIT Ft. McClellan and duty station Ft. Benning Ga. (Kelly Hill)

[smilen66]

How long have you had your current disabilities rated?

My claim was denied...I haven't been rated yet. What you copied was on a note I found in my c-file.

[Commander Bob]

My claim was denied...I haven't been rated yet. What you copied was on a note I found in my c-file.

Thanks 'smilen66'. I better understand now. Have you filed a "Notice of Disagreement" yet?

Edited December 12, 2009 by Commander Bob

[Commander Bob]

My claim was denied...I haven't been rated yet.

How long ago was your claim denied?