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First Page C&p Is It A Legal Document

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Josephine

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  • HadIt.com Elder

Hi,

I may file a NoD, but wanted to know if the C&P is a legal document?

I have went on and on how I filed first in 1978 and not 1992.

I have also stated I was awarded a 100% Non Service Pension for

anxiety with depression.

I have never seen the filing date of 1992, until the BVA Judge

awarded this as my first filing date.

Where did the two Psychiatrist at the VAMC receive their information.

Notice the two filings dates and the Non- Service Connected Pension.

Does this prove anything or is a Worthless Sheet of Paper.

Thanks,

Betty

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  • HadIt.com Elder

Betty.......we need to take another "look" at your C-File. Something is missing that is of great importance. The very fact that the C&P states a 1978 claim must mean that, in the "reading" of your C-File in preparation for your C&P, the examiner found your 1978 claim

Get hold of the VARO that has your file......tell 'em that you are "missing" some "stuff" and request that they send it to you.....give 'em the dates that you are looking for.

There's a copy, somewhere.........

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  • HadIt.com Elder
Betty.......we need to take another "look" at your C-File. Something is missing that is of great importance. The very fact that the C&P states a 1978 claim must mean that, in the "reading" of your C-File in preparation for your C&P, the examiner found your 1978 claim

Get hold of the VARO that has your file......tell 'em that you are "missing" some "stuff" and request that they send it to you.....give 'em the dates that you are looking for.

There's a copy, somewhere.........

Larry,

How do I word it. What do I say. I have never had any luck getting a copy of the 1978 filing and the one that doesn't exist of 1992.

Can I sent it over the internet.

Thanks,

Betty

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  • HadIt.com Elder

Betty, you do need to go to your RO and view your c-file and find those documents. You should also request an updated copy of your c-file, specifically any & all of the documents added since your previous request. They are free. If you request a complete copy of your c-file they'll charge you for it.

pr

Phillip,

I was sent a copy in 2004, but those two papers were not included. I cannot get my hands on them.

Thanks,

Betty

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I sure agree with Philip here-

"you need a current copy or need to file a claim regarding destroyed evidence, because they've admitted they have it." jmo

as I recall they sure DID have this info-so it must be somewhere-

Josephine- would any of your reps possibly have these copies?

I wonder too -did the RO send everything to the AMC when your claim was there? and get everything back from the AMC?

It kind of bothered me to get a RO letter recently -the one many have gotten with info that seems to replace any other stuff we got as to status of SC etc-

My letter from the RO was wrong- yet the C file is still- as far as I know -at the AMC-

I had to hold off on a letter regarding some stuff I am using to support that my CUE evidence was destroyed or lost-

I need to wait for the AMC decision on the other claim- but VA Watchdog has info as to how to prepare these types of letters.

You have to show , by past SOCs, letters, etc- that the VA did have certain documents but it appears they are now missing and they would fall under the "October Incident" (shreddergate) Fast letter.

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  • HadIt.com Elder

Just an aside: If your lawyer requests a copy of your C-File isn't the VA required to provide it? I had to send my lawyer my copy of my C-File for him to represent me at my DRO. The VA had 6 months to provide my lawyer a copy but they didn't do it. The file was a mess, of course, and the lawyer roundly cursed the VA for presenting the file in such a state. The VA is circumventing my lawyer and sending me all decisions and statements of when and where hearings or appeals should happen. They have made a point of trying to go around him.

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