C-File Viewing Request Denied by WACO VARO

[firemoth]

Hello All, 

 Not entirely sure where to begin, but I'll try to summarize it as best I can.

MEB Discharged from USAF (Minot,ND ) Dec. 2007 for Degenerative Disc Disease - Rated 20% (They did not evaluate my hearing loss, or broken wrist and ankle as part of the MEB Discharge, or my broken/missing dentures).

Filed my VA Claim with the Fargo VA Rep during my TAMP Briefing on Nov. 19th 2007. (The big packet of paperwork).

Received call from Fargo VAMC for my C&PE in Jan 2008, I indicated that had returned to my HOR of Dallas, Tx, they informed me to check with the Dallas VAMC in 45 days to ensure my claim/information was transferred. Called 47 days later, no evidence that I had any claim in progress at Dallas OR Fargo. I then filed another claim with the Hood County VA Rep, and total of 6 more claims from 2008 to 2015. As of 6/30/2015, my FDC started in 2014 has finally been acknowledged, but has been waiting for information FROM The DVAMC since August, even though I've never received any treatment from the DVAMC.  (The drama for the other claims is for another story.)

My VSO is the Texas Veterans Commission. I spoke to them in December, and Today, about my claim and they said it was weird, and that they were sending an email to the DVAMC for clarification. (Also, in Nov 2015 I received a letter stating that my claim was kicked out of the FDC program for said missing information, but after speaking to my VSO, it's now back in FDC.) During my December phone calls to the 1-800 #, the WACO VARO and TVC office, I asked to make an appointment to see my paper c-file in person, these are their answers: 

1)The TVC VSO said she had never heard of a vet being able to look at their actual c-file in person, but she checked and confirmed that I DO have a paper file at the Waco VARO, and that it is 2-3 volumes thick) (My medical records are 736 pages alone.)

2)The WACO VARO Records Department Rep stated that they do not make appointments for vets to view their c-file, and that they do not allow viewings. They just indicated that I would have to file a FOIA request.

3)The 1-800 Rep stated I could view it by just going to the WACO VARO and going to the Records Dept, and wait in line. 

The only real reason I WANT to see my C-File is because of that initial 2007 claim. On Nov. 29, 2007 (10 days after my claim), my digital C-File states that a Service Treatment Request was submitted by the Fargo VAMC, as well as a "VA Memo" that was appended to the STR, but the contents of the Memo were not available.  I'm very concerned that if I DID a FOIA request, they would only send me the incomplete C-File everyone is looking at, as I find it hard to believe that my 3 Volume C-File does not contain any evidence of my previous claims. I'm also concerned that all my claims were also lost during the "Shreddergate" scandal of 2008-2009.

My question is then: Is it actually possible to view my original c-file, in person, at the VARO? And if so, HOW do I word it to someone so that they understand. I will gladly drive the 3 hours to Waco just to get confirmation, but I also don't want to waste my time and gas if it's a lost cause.  

Thank you for reading this far, I omitted a lot of details, but I hope it was enough information.

Sincerely,

Christopher

 

[bobbyq]

WACO is full of it.  I personally viewed my "C" file.  Have your VSO get a hold of it.  VSO's can pull the file into their office if they are stationed in the VARO. Yeah it is big but you are only concerned with the middle part.  That is were the meat of the file and claims are.  At the bottom of the middle part are your SMR's.  I just hate all this BS from the VA.  Problem is they have to get someone to pull, and to have someone babysit you while you look through it.  It takes them away from their lunch, and break period!!

[lotzaspotz]

Time to get your Congressional representatives involved.  Send a letter to the WACO RO via certified mail, and if possible, deliver copies to the local offices of your Congressional reps, asking for an appointment to review your files in person.  Get them involved, they can launch inquiries from their offices and put some heat on the RO.  You'll be waiting for your records a very, very long time if you depend solely on an FOIA request.

[waccamawwild]

I agree with lotzaspotz! I went through something similar with my Columbia, SC RO. Once I got Congressional representatives involved the VA played nice. They have to answer to Congressional representatives if nothing else to explain their actions. Be persistent and don't give up! You can do this!

[Berta]

Personally I would never recommend viewing a C file in person.I am sure vets have done that at their VAROs in the past but it means a VA employee has to be present and it could take hours.

Having a hard copy of a C file is far more valuable.

Mine contained the stuff they said they never got,( 12 submissions of my husband's autopsy) as well as a critical FTCA VA Peer review that they told me in 1995 and 1996, had never existed.I had to do my FTCA claim without it in 1996 but used the report for my 2010 AO IHD and 2003 AO DMII claims.

The Peer Review report totally agreed with my FTCA malpractice charges so no wonder they kept it from me and also from the General Counsel of the VA.

Copies of a C file as well as complete copies of VA medical records and STRs although it takes time to fully assess them, is in my opinion, the best claim's weapons we can have, next to using the internet.

The C file contains proof of what evidence they may have ignored or said they never got and the med recs might contain more than you think.

[broncovet]

I agree with Berta.  However, your question was can you see your C file.  For practical purposes, I recommend the "teenager" method:   

If one VA employee says, "no", then simply ask another employee by calling at a different time, maybe a different day and they will likely say , "yes", reminding you the right hand never knows what the left hand is doing at VA.   

    I call this the teenager method because I have seen teens who manipulate their parents in this way, and it often works, unless the parents have excellent communication.   It works at VA, because of what VA has admitted is "poor training"  AND poor communication as they teach employees to keep their mouths shut about other employees and to look the other way when they do wrong.  

 

     In my case I drove 4 hours to my VARO to see my file, as I also suspected shredding.  When they declined, I told them I drove 8 hours both ways, and I need to see my file. I was persistent and mostly "politely insistent" that I see my file.   Their excuse was that they did not have the resources (labor) to view my file, and that I could not see my file without an employee present, and they had no one to do that for me.     They then directed me to my VSO (DAV), and the DAV guy on duty at the VARO went through my file with me, after getting my file from across the hall.    That worked for me, but I wont promise it will work for you.  By the way, I found significant evidence of shredding or missing documents.  

 

Edited January 8, 2016 by broncovet

[firemoth]

Thank you everyone for your input. It confirms my suspicion that they were further giving me the run-around. Is there a specific ordinance or law I can cite to the WACO VARO staff that guarantees me access to my C-File? My VSO is on-site at the VARO, so I think it would be possible to sit with one of them and go through my record together. 

Berta: I normally wouldn't consider it, for the same reason you cite, but I'm at the point now where a few more hours is nothing compared to the 8+ years it has taken me to get to this point. And as it was previously mentioned, it could take months to actually receive my entire C-File, with no guarantee that it would contain everything. 

broncovet: That doesn't surprise me. Every time I call them I get a different answer too. I like the turn of phrase. I have 3 kids and they all do the same thing. Lol. I have letters from the VA denying me enrollment (10-10ez) for lack of paperwork, that I hand delivered to the VAMC. Like missing DD214 that was ripped from the packet leaving a little paper tab where it once was. That happened 3 times before they actuall enrolled me for care. After speaking to several P&C Reps, and VA Phone reps, and seeing what Berta reported, makes me feel like my only choice IS To have a sit-down with my VSO and my C-File in person. They've already changed my ITF date 3 times in the last year, not to mention said that paperwork that WAS submitted and available in December, is magically no-longer present in my digital C-File in January. 

lotzaspotz and wacamawwild: If I can't get my VSO at the VARO to sit with me and my C-File, I'm going to do this. My VSO keeps trying to push me to just get my current FDC through without focusing on trying to find my past applications. Insisting that if it's not in my Digital C-File then I must have surely never filed an actual claim, but instead just filed an ITF without following up. (Pretty insulting on the part of the VSO and VA Reps to deny my reality, insisting that *I* clearly made an error, or misunderstood what I submitted.) They insist that if I try to push for my first application, that it will delay my claim even further. But my rationale is that it could take YEARS longer to get my backpay if I proceed and accept the 06/2015 File Date. 

I even have Certified Receipts of some documents they claim don't exist, which pretty much makes it impossible to verify any/all claims on their part, because the only time I could use the Certified Receipts would be during my BVA. 

 

Never in my entire life have I encountered so much incompetence in one place.  I feel like I need a shrink to cope with the VA's Reality Distortion Field. Again, thank you all for your input. I wish I had discovered HadIt.com years ago. :*( I also apologize if my responses aren't entirely concise/clear, my mind is a jumble lying in bed recuperating from reconstruction surgery on on face Wednesday. This is the only thing I can do to stop the feeling of being helpless.