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Reviewing A C-file

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Bonzai

Question

Tomorrow I have an appointment with my lawyer to review my c-file, which was sent to him by the VA. I have been searching for a thread that details what I should be looking for.

  • I have never seen it, so I don't know if anything is missing.
  • I know I should look at the comments for my prior S/C decisions.

I have filed a NOD on an increase because I am qualified for a larger increase than the one awarded, according to their guidelines. As a part of the letter of increase sent to me, they claim that I never sent back paperwork requested; which I have to agree with, since I never received the paperwork to send back. Is this just me, or does that happen often?

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  • HadIt.com Elder

You will not find everything looking at it. You should review it then request a copy. When you receive it you can break it down. It is a bit overwhealming.

Hang in there and good luck

J

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Thanks JB,

I guess I should clarify the review. My lawyer had me sign a request to get a copy of my c-file sent to his office. He said that I am allowed one free copy from the VA. He received it a week and a half ago, and his secretary is supposed to have scanned it. Tomorrow, we are going to review it, and then I get the hardcopy and a CR-ROM of the documents scanned.

So I will have some time to review in-depth on my own, but I was wondering if there were areas to concentrate on right off the bat. I realize we all have different claims, but I am looking for general guidance. An example is a post I read, where someone pointed out that the transcripts of hearings are typed up in a manner making the veteran seem uneducated.

Louis

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  • HadIt.com Elder

You are reviewing what is in your file to see if it is complete, accurate and how the VA is proceeding with your claim. Trust me you will find errors and those should be corrected

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  • HadIt.com Elder

Bonzai,<br /><br />make sure &quot;ALL&quot; your service records are there.<br />That was the main reason I wanted to view my entire c-file.<br />Unfortunately, I was only shown about 30 pages of what the RO called, &quot;the working file&quot; instead.<br />I'm missing nearly 3 years of &quot;service medical records&quot;(SMR's)<br /><br />Make sure all the issues you are claiming are listed in your C-file &amp; make sure your current medical records supporting your current claimed conditions are there. Favorable C&amp;P's, IMO's etc. also need to be in the &amp; any &quot;medical treatise&quot; you've researched &amp; submitted.<br /><br />Make sure all buddy statements are there also.<br /><br />Good luck. Glad to see you have an attorney assisting you.

Edited by allan
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SMRs and Medical records-

Read every single thing and then read it all again and again.

If the SMRs are not clear-blow them up on a scanner and transcribe separately what they state.

Med Recs-

Read them carefully, look for anything crossed out but still visible.

Look at your blood chem ,any MRI Narratives, and any results of other tests they did.

Look up in a medical text any symbols etc that you dont understand.

Read the past SOCS carefully and compare them to the actual C & P reports.

It is highly likely that VA parsed the C & P wording in the SOC and might have left put critical information.

"As a part of the letter of increase sent to me, they claim that I never sent back paperwork requested; which I have to agree with, since I never received the paperwork to send back. Is this just me, or does that happen often? "

If you mean the VCAA response form- join the crowd.

I have asked Congressman Filner to propose amendment to the VCAA.

Unfortunately ,many vets never receive the response letter and I havent gotten one in 6 years.

I am fighting diligently to have the H VAC correct this practice which I told Congressman Filner, by phone- is the biggest VA scam yet-

and that conversation we had was prior to Shreddergate news!

So it is number 2 scam-

Do you have a vet rep? if so and if this is the VCAA response form you never got (it will NOT appear as listed as enclosure on the VCAA letter because it isnt there)

get on this rep to have the VA rectify what they failed to send to you.

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PS- if this was in fact a VCAA response form they failed to send- get your lawyer to write to them to correct this VCAA violation immediately-

Lawyers should be looking for -as a PRIME condition -if you hire them for your claim-

VCAA violations -

Right away.

Numero Uno.

It is the FIRST scenario that the BVA and then the CAVC looks for-when they read a claim-

I cannot determine if this is actually a VCAA violation but sure sounds like it to me.

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