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Viewing C-file At Varo

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Rockhound

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A thought had accord to me. What if you asked to review your C-File at the VARO and while you were doing so, you could not find a particular piece of evidence that the VARO used to deny your original claim. i.e:

1. Certification by Va examiner, that found the oringinal diagnosis on which SC was predicated upon, was erronious.

If they cannot provide this certification, what would you recourse be?

How would you know what evidence you would need, to rebutt their emplied evidence?

Is a difference of opinion, sufficient to change a diagnosis in a VA Claim? If the certification that the original diagnosis was in error, is missing, then that would be all that they had, if that.

:lol: ;) :unsure:

Edited by Rockhound

Are you a paranoid schizophrenic

if the ones you think are out to

get you, really are?

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  • HadIt.com Elder

Rockhound good question, are you looking into your Cfile for this diagnostic statement? Or is it on your list of 'things to do' when you next go to the VA?

I have my original claim SOC and cant find this type of 'certification' statement. I just reviewed my cfile and it shows after discharge, I submitted a claim, with a list of items for SC. It also shows my ignorance, I only mentioned 'generically',the physical and mental health conditions I felt were current after my years of service. So the VA took my claim list (more like a service medical problem history) and applied issues they thought best fit. My claim showed I applied for SC and denied for 'acquired psych disorder' and 'syncopal' episodes. Their response was C&P diagnosis, PD (grr!) and being my original claim, I appealed and somehow was given 10% for syncopal. no comment on PD at all, nor did I address it specifically then. Update to 2006, claim for depression submitted, then I appealed, by then I was clearly&currently Medically Diagnosed, SC in 2007. so far so ok' maybe cue.or not.

Rockhound, if you still working through a VSO, maybe they can advise on this or any other CFILE diagnosis statement, depending on the year of your claim. Best to ya, cg

A thought had accord to me. What if you asked to review your C-File at the VARO and while you were doing so, you could not find a particular piece of evidence that the VARO used to deny your original claim. i.e:

1. Certification by Va examiner, that found the oringinal diagnosis on which SC was predicated upon, was erronious.

If they cannot provide this certification, what would you recourse be?

How would you know what evidence you would need, to rebutt their emplied evidence?

Is a difference of opinion, sufficient to change a diagnosis in a VA Claim? If the certification that the original diagnosis was in error, is missing, then that would be all that they had, if that.

:lol: ;) :unsure:

Edited by cowgirl

For my children, my God sent husband and my Hadit family of veterans, I carry on.

God Bless A m e r i c a, Her Veterans and their Families!

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cowgirl: Since another copy of my C-File would be a bit much for my pocket book. I am thinking of having a look at it at the VARO. I wouldn't mind if I could go over my file with my VSO present so they can be witness to this certification not being their.

The only certification showing in my statement of the case is the VA Adjudicators statement that their had been a diagnosis change. No certification from the VA examiner that states that the original diagnosis was erronious.

Certification must come from a DR., in this case, a Dr. of Psychiatry and not from speculation by the VA Adjudicator that an alternate diagnosis had been made.

Speaking to the choir am I. LoL

Rockhound :lol:

Are you a paranoid schizophrenic

if the ones you think are out to

get you, really are?

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I am going to tell you all this. I requested a COMPLETE copy of my C-File. I happen to have had a conversation with the person who copied my C file. They copied Everything. I have copies of the notes people wrote on stickies, what they were going to decide before they even gave me a 60 turn around notice, emails between military and the VA about my claims. There are somethings that did not go by the book, and things said that I was absolutely shocked to see that they had the gonads to write down or say....I do not know if they had the belief that I would get a copy of it eventually. I would request a copy per the FOIA request right. They will send it to your house priority mail usually in less than 30 days....Well worth going through page by page....

-Spike-

Vet Advocate

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Spike, I agree that every Veteran should get a copy of his or her's C-File. But they only give you one copy free.

It is always a good idea to compare what you have a copy of and what is actually in your file, expecially if you have filed a claim since you received your first copy.

If I am correct, then any item added to your C-File since you got your first copy, should also be free, since it is your first copy of those items also.

This would actually be my third copy. My first copy was lost during a move, my second was partially distroyed when my storage shed roof was damaged last winter. I have additional copies, but I am unsure as to their completeness as the damaged file.

Plus I want to make certain that the letter of certification and the letter that was supposed to be sent to me that showed they proposed denying my claim on the evidence of a changed diagnosis is or is not in the file.

:lol:

Edited by Rockhound

Are you a paranoid schizophrenic

if the ones you think are out to

get you, really are?

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Correct if you cite the FOIA request you receive one free copy. Once that is done, you can cite the FOIA for anything you have not received and receive for free. However, many do not know this but you can also on your other copies request a fee waiver due to hardship or something along those lines...I have the link somewhere....if needed.

-Spike-

Vet Advocate

--------------

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