RBrogen

When you file a FOIA claim, it showes up in E-Benefits just like any other claim and follows the same status path. Once it's closed, as with a regular claim, a notification of decision ( in this case your c-file record) should be sent to you instead of just a decision letter like you get on a regular claim. Yes

I've never requested mine before so it's a first.

I think the letter speaks to any physically tasking jobs that would require you to tax your breathing. The condition rating will be based on the particulars of what the examiner found and how it aligns with the rating requirements. If you have several conditions that add up to 100% you can still work but if you calim TDIU then it impacts whether you can still work and draw the benefit. Be sure which on you are going/qualifying for.

Thanks Patton! Did you request it via a FOIA or some other means if I may ask?

Out of curiosity I was wondering if anyone here had requested their C-File via FOIA request and if so how long did it take to get it. I submitted my request March 7, 2019 and have had 2 estimated completion dates go by with no results. Thanks in advance!

I hear you. I had a hell of a time trying to get going again. Spent literally 8 months trying to find someone who would fill out a DBQ for me and was told "not no, but HELL NO" by both private and VA docs. By chance, I saw a guy on LinkedIn who is a VA rep and after about a month of going back and forth, he put me in touch with one of the heads of the local VA hospitals. I explained all I wanted to do was get my DBQs completed for benefits. This guy promised me that he would help and he has been amazing. Within 24 hours I had people calling me, making appointments etc. I have learned a TREMENDOUS amount about the process, pitfalls and nuances but I like to gut check with others who may have gone through it already since a lot of the documentation is vague in describing ratings, levels and conditions. I've been spreading the word as much as possible and try to answer all questions or at least point people to someone who can answer them because no vet should have to go this alone.

Thanks again ... I will definitely keep up the fight. I disengaged with the va for over 20 years and had been at 20% all that time. Picked up the fight again last year and I'm at 90% now with a decent chance at 100%.

Definitely will be sending that in. Thanks for your input!

Yes I have additional scars (shoulder surgery, surgery on both knees). They are stable but painful.

So my thoughts were that the total length meets the requirement of 5" and the C&P exam noted the conditions in characteristic 3/4 so I have 2-3 characteristics met. In addition to that they are both painful. So in a perfect world I would get 30% for the disfigurement and 10% for pain .... right?

Hi Everyone, In my most recent C&P the examiner noted and measured 2 scars on my neck and jaw. I've read the rating info for scars of the Head/Face/Neck and filled in the chart they had because the first rating option didn't apply. Can someone confirm for me that according to the rating info below, it would qualify me for 30%. There's pain noted in the C&P with each scar in addition to the characteristics noted below. "If there are 6 or more Characteristics, it is rated 80%. If there are 4 or 5 Characteristics, it is rated 50%. If there are 2 or 3 Characteristics, it is rated 30%. If there is 1 Characteristic, it is rated 10%." In addition, during the same C&P the examiner documented and agreed (50% more than likely service related) that I had TMD secondary to broken jaw, painful motion of mandible, reduced ROM, surgical wire in right mandible Thanks in advance! Randy

I hope so ... hey would you know if the bilateral factor applies to the mandible jaw bone? I've seen some claims indicate that it is bilateral and was wondering if the VA applies the bilateral factor to that since there is a left/right joint.

Examiner noted it only by pasting in the results of the MRI in my C&P under abnormal results. In my supplemental, I highlighted and noted a copy of the page of the C&P it was on.

That's what I was wondering as well. reverse lordosis is a requirement for 20% rating. I filed a NOD and supplemental claim for it.

Numbness, tingling and pain down both arms and hands. I drop stuff that I think I have a grip on, neck pain, clicking in my neck, can't sleep are among the main issues.

I actually didn't know it. I landed hard on a jump and had pain and some tingling and numbness but didn't want to risk recycle if I went to sick call. A few months ago, during another exam they did MRI of neck and found numerous issues including that my spinal cord had some signs of damage and that it was 80+% compressed around C4/C5. The neurologist suspected that it had been broken. They went back into my records and actually found old MRIs that showed the issue but I was never told about them back then.

Thanks for the info everyone ... I've been waiting for 5 months for my c-file request to be fulfilled.

I'm actually trying to see if there has been anyone to service connect arthritis in wrists and/or hands with radiculopathy before. My c&p examiner mentioned that this is a path to potential claim so I wanted to see if anyone was aware.

This was actually a new claim ... I originally had claim for lumbosacral strain and then they found that I had broken my neck in service as well.

Hello Everyone, I wanted to gut check my rating for my neck which I just had double laminectomy (c4/c5) Rating was 10% cervical spine degenerative disc disease with spinal stenosis and intervertebral disc syndrome 20% radiculopathy left upper extremity 20% raiculopathy right upper extremity Here was my MRI: There is mild retrolisthesis of C3 on C4 and C4 and C5. Trace anterolisthesis of C5 on C6. Straightening of the cervical lordosis. Vertebral body height is preserved. There is no suspicious focal marrow replacing lesion. BROGEN, RANDY CONFIDENTIAL Page 4 of 6 There is intramedullary spinal cord signal abnormality seen at the C4 and C5 levels, consistent with myelomalacia, and progressed from the previous MRI. There is no evidence of syringohydromyelia. The visualized portions of the brain are unremarkable. The paraspinal soft tissues are unremarkable. Mild enlarged lateral level IIa lymph nodes are noted, nonspecific, and measuring up to 1.7 cm on the left. SIGNIFICANT FINDINGS BY LEVEL: C2-C3: No significant posterior disc abnormality. Mild, left greater than facet hypertrophy. Mild uncovertebral hypertrophy. Ligamentum flavum thickening. Minimal spinal canal stenosis. Mild left neural foraminal stenosis. C3-C4: Posterior disc osteophyte complex. Mild bilateral facet and uncovertebral hypertrophy. Mild to moderate spinal canal stenosis with mild flattening of spinal cord. Mild bilateral neural foraminal stenosis, slightly worse on the left. C4-C5: Posterior disc osteophyte complex. Mild to moderate bilateral facet and uncovertebral protrusion. Moderate to severe spinal canal stenosis with flattening of spinal cord. Moderate right and severe left neural foraminal stenosis. C5-C6: Posterior disc osteophyte complex. Mild facet and uncovertebral hypertrophy. Mild to moderate spinal canal stenosis with slight flattening of the spinal cord. Mild right neural foraminal stenosis. C6-C7: Posterior disc osteophyte complex. Moderate uncovertebral and mild facet hypertrophy. Mild spinal canal stenosis. Mild to moderate bilateral neural foraminal stenosis. C7-T1: No significant posterior disc abnormality. No significant spinal canal or neural foraminal stenosis. Conclusion: 1. Multilevel degenerative changes of the cervical spine as above, most pronounced at C4-5. 2. Intramedullary spinal cord signal abnormality seen at the C4 and C5 levels, consistent with myelomalacia and mildly progressed from the prior MRI. There is no evidence of syringohydromyelia. 3. Mildly enlarged bilateral level II cervical lymph nodes, nonspecific. Clinical correlation suggested

Hi Everyone, I wanted to see if anyone here had ever connected arthritis in their wrist/hands arthritis to another condition like Radiculopathy of Upper Right/Left or Cervical spine issues? Any thoughts would be greatly appreciated. Best, Randy

I originally filed this claim myself (had done one before with no issues at all). Since I have had so many issues, I reached out and just started working with a VSO ... supposedly best in the state ... I think that is what she mentioned before if this happened we'd do. I am going to be speaking with her again tomorrow since the decision is done now.

I have done the HLR with a previous claim and it was really a farse .... won't go into details but the gist is the guy that was doing the HLR called but when I answered the phone, instead of having he informal conference call he came up with some lame ass excuse that he was calling to schedule it for another person. Turns out it was him the whole time and he was just punching it through to meet quota and never talked to me before he closed it 28 days in. I'll probably try that same process as it's a roll of the dice and I might get lucky. The evidence that I have is absolute and overwhelmingly blatant which is why I thought that since I reported the issue 3 days after the C&P (C&P was on a Friday, report was in my Blue Dot med records the very next Monday). I then went into the local teleconference with the regional office and filled out a 21-4138 at the request of the VRO and faxed that along with all evidence so they could hand carry it to the review officer doing my claim. I followed up 2 days later on another teleconference all and was told that I would get another C&P exam. A few days went by and my claim status went into Preparation For Decision. I then contacted the same VRO via faxed and expressed my grave concerns that my claim was being decided on blatantly incorrect information. Did not hear back from them and then it was closed today with partial decision and then sent back to Review of Evidence status. Frig'n frustrating.

You got me vetquest ... the C&P included only 2 of the 7 conditions claimed (lumbosacral strain increase and GERD as secondary to lumbosacral strain). I've taken the NSAIDs for decades and have diagnosis of NSAID induced GERD and this examiner was really not doing her job. She actually said that I was taking NSAIDS for other major musculoskeletal issues like neck and knees that were not service connected so therefore she couldn't say 50% or more it was the cause. NEWS FLASH: BOTH my neck and knees are service connected and she didn't read my file. Yes very frustrating but you have to dance the dance I guess. I did go from 80% to 90% after today retro to 2/2019 and I have a long list of conditions they still have to decide on.

UPDATE: Apparently even though I proved beyond any reasonable doubt 3 days after the C&P that it was inadequate, sent information to RO who told me I would get a new C&P, they went ahead and processed my claim anyway with the bad C&P. As expected, it was a disaster! The GERED was denied as not service connected as was the shin splints which are BOTH documented clearly in my medical records and the C&P exam just before the last C&P. They didn't approve the increase for lower back even though I proved the doctor didn't do the exams she claimed she did nor did she ever use a goniometer. 5 of the other conditions were "Deferred" and ultimately they awarded me 10% sciatica bilateral lower body which should have been even higher than that. Now I have to go through the jacked up process of filing the notice of disagreement and going back at them. It also appears on E-Benefits that as they changed the status today from Awaiting Decision Approval to, Preparing for Notification ... all of the conditions updated, showing their current status ... THEN about 20 minutes later, the status got reset to Review of Evidence. I surmise that this is probably because the pushed the original claim through with the bad info to get it off their books faster and once it was deemed "Complete" it goes to their quota number and then they will go back and do the "Deferred" items. Leaving me to have to fight them to get the original crap corrected! UGH