Copy Of C-file Request - Any Way To Speed Things Up?

[tssnave]

I want to get a copy of my C-file for my doc to review prior to writing his IMO.

What is the best and QUICKEST way to get a copy of my C-file?

Any particular wording I need to use that may speed it up?

Thanks,

ts

[carlie]

ts,

Filing a FOIA request will probably slow things down instead of speed them up and it is not necessary to fill out a FOIA request to get a copy of your c-file.

If you do request a copy of your c-file now, they are going to pull your file from where it is, to make the copies and the chances of it going directly back to where it was prior to your request --- are slim, it will probably go further back in the line from where your claim is now.

Hope this helps a vet.

jmho,

carlie

[tssnave]

Carlie,

My claim was decided Feb 23 so it's not pending.

I am getting an IMO to request an increase based on new and material evidence. I want to make sure that the IMO doc has the entire C-file to review so the VA won't have any reason to disregard his IMO.

What is the quickest way to get a copy of the C-file if making a FOIA request is not? Do I just make a written request and send it through my POA? Any special wording I need to use? I don't want to go to the RO.

Thanks,

ts

[carlie]

ts,

If you don't want to go to the RO then you would probably go thru your POA or see if it's possible to request it in an iris inquiry.

Something else ringing a bell in my head is.... if your going for an increase based on new and material evidence, of something already service connected then what's needed now for your IMO doc to review, is your treatment records from the time of the last rating up until now. Those can be had much quicker than a copy of your c-file. But I feel all vets do need a complete copy of their c-file and would always get a copy even if they don't have any claim with VA.

Hope this helps a vet.

jmho,

carlie

[LarryJ]

Something interesting that I just found out when I was talking with a young lady at the Waco RO.

I had been concerned when my C-file went from Waco to the BVA, because I wanted to file another claim and was afraid to send it in to the Waco RO, knowing that my C-file was in Washington at the BVA/AMC.

Well, just found out that your local RO keeps a "temporary C-file" when your real/original C-file is somewhere other than your local RO. They can work new claims, hearings, DRO work, etc., just as if they had your real, honest-to-gosh C-file. Then, when your real, honest-to-gosh C-file returns to the nest, they just add the work that they have been doing with the "temporary C-file" into the real, honest-to-gosh C-file.

Just something I found out......maybe y'all knew this....but it was "News To Me".

[carlie]

St. Pete, Fl. has my dummy file, it's less than 25 pages.

BVA has my c-file, it's 2 volumes.

carlie

[Hoppy]

TS,

Your C-file has information about every claim you have ever filed. My C-file is three volumes and when stacked on top of each other is about a foot high. I think it would be best to have the IMO read only the documents that were reviewed by the RO as they are listed on the original decision when the low ball award was made. Have the IMO provide a list of documents read that matches the RO's listing of the documents they reviewed on the low ball decision. Any document not listed on the decision could wind up being new and material in any event if in fact it is material.

I Can not remember specifically what disability you were SC'd for. The questions I have are whether or not you really need to get the c-file and does the IMO really want to read it. You might get the IMO report quicker from the doctor if he based his report on his own current observations. Getting the report into the VA could be to your advantage. Don't they use the date the new and material evidence is recieved by the RO as the effective date of the upgrade? Seeking an upgrade on new and material is different than appealing a low ball rating based on a rating error.

[carlie]

ts,

If the rating decision is dated Feb 23 2007, I think it would have or will be best to NOD

the percentage evaluation for a higher rating.

SURE WISH VIKE WOULD STEP IN HERE or HEY sixthscents --- where are you on this one ? ? ?

carlie

[Stretch]

My C-File is six volumes. It has been described as massive. I don't want a copy of it.

I got a copy it in 2004 when it was only 2 inches think. My medical records were there, from my prior claims in 1975 and 1985. It is amazing, to me, that so much information was within this 2 inch pile.

It took me at least 10 months to get this file when I requested it for the Los Angeles VARO. The DAV rep., who was fired, got it for me. I had some correspondence with him on several occasions just about obtaining this C-File. This was the only thing that DAV ever did for me. Now the C-File is so big it would take a Mac Truck to deliver it.

Some of it is redundant, but the VA kept asking for more information; I didn't know by adding more minute information constantly, that my claims would be continually delayed. No closure.

If you are in between, this would be a good time to order it. I noticed that the VA slipped up and left information that would help me in my claims now that laws have changed.

At my BVA video-conference hearing the judge was using my C-File for a huge armrest.

[free_spirit_etc]

Aha! On the date thing - I have been doing some research. The date can go back to the date of an INFORMAL claim - as long as you follow up with the actual claim or the new and material evidence.

If medical evidence is provided to the VA on something you have already been rated for or granted SC (even noncompensible) for - that evidence can be considered an INFORMAL Claim -- and the new rating can be retor to that date.

But if it is for something that you have already been denied SC for, or have never claimed --then the medical evidence does not constitue an informal clain. The informal claim needs to be made in writing by the vet (or someone on their behalf) specifically indicating they wish to seek benefits and the benefits sought.

So if it is a condition with SC (even 0%) they can go back to the date they receive your written claim (even informal) or the date they received medical evidence (even if you didn't realize it was submitted..if you FIND evidence WAS submitted that might increase the rating --that can be considered an informal claim --and if they didn't follow up on it -- the claim remains unadjudicated and open back to the earliest date). But the condition has to be SC in the first place for that.

If the condition is something that is NOT SC --the best bet seems to be to write a letter and let them know you want to submit evidence to reopen the claim...to protect the earliest filing date - and then follow up with the evidence as soon as you can (so you can start waiting...lol)

Free

TS,

Your C-file has information about every claim you have ever filed. My C-file is three volumes and when stacked on top of each other is about a foot high. I think it would be best to have the IMO read only the documents that were reviewed by the RO as they are listed on the original decision when the low ball award was made. Have the IMO provide a list of documents read that matches the RO's listing of the documents they reviewed on the low ball decision. Any document not listed on the decision could wind up being new and material in any event if in fact it is material.

I Can not remember specifically what disability you were SC'd for. The questions I have are whether or not you really need to get the c-file and does the IMO really want to read it. You might get the IMO report quicker from the doctor if he based his report on his own current observations. Getting the report into the VA could be to your advantage. Don't they use the date the new and material evidence is recieved by the RO as the effective date of the upgrade? Seeking an upgrade on new and material is different than appealing a low ball rating based on a rating error.

[tssnave]

Thanks, everyone, for the feedback and good ideas.

Hoppy, your suggestion is easy since all the evidence cited in the decision letter other than the C&P exam is the stuff I sent to the VA. I'll call my DAV rep and see if he can quickly get me a copy of my C&P exam.

Thanks,

ts