Received Copy Of C- File - Maybe Some Of It?

[Josephine]

Gee the mail man delivered me this huge box.

Boy the box weighed a ton and it was the requested copy of my C- File.

Maybe I should know the answer to my question,

but what is susposed to be included in it?

I would have thought I had never received a Non- Service Connection

Pension, for there is no mention or paper work for it.

No mention of the BVA and went there twice.

I have looked for a shred of how I was rated and nothing is there.

I did find what appears to be my first filing of 1992 for " Fear of Heights".

I was looking for the papers that I had filled

out myself and nothing was there.

My 1992 filing was July 1992 for " Fear of Heights" and the page states me

to be employable and competent.

Reason for denial no service connection.

In 1992, I did not have any C&P and did not even go to the rater, how

did anyone know if I was competent or employable?

I know that I am rambling, but what is susposed be in that huge box?

Thanks so much,

Betty

[john999]

I had to send my lawyer my copy of my C-File since the VA just refused to send him a copy.

[Josephine]

John,

Maybe that is for the best. Can't you see your lawyers face if he received what I did.

I am trying to look for the records where my file went to D.C over the retro.

I know it went there, just can't put my hands on the papers, probably never will.

The lady at the toll free number told me it was headed there and then I called one

of my contacts at the BVA and sure enough it was there. I know when it went there and

when it came back by word of mouth.

No reason for this lovely lady to not tell me the truth for she was on the up and up

through- out my long 7 year claim.

Thanks,

Betty

[deltaj]

To make a long story short. Yes the 1992 filing date was re-opened and the BVA Judge granted service connection and 16 years retro pay.

It was a long 7 year fight and I did have to go to an expert Psychiatrist in D.C. to rid myself of the personality disorder which had no basis.

Thanks so much, I got out that old box again and put it away until there is a huge snow storm and I have nothing else to do.

Betty

Josephine, You mentioned the records being lost in the archives for 40 years. Did you have an earlier claim for service connection in about 1969 which was denied? I know you don't work to look at those records, but nonetheless I recommend you review them for an LOD yes notation. LOD is an abbreviation for line of duty and under V.A. regulations line of duty determinations are binding on V.A. As you know under 38 CFR 3.160 a reopened claim is a claim reopened after a final disallowance. There is a case at the federal circuit entitled Garrett Hayre v. Togo West. The case was unfavorable for the veteran but read carefully there are some interesting points there. One of them is if the veteran wasn't notified of a decision then the appeal period doesn't begin to run. I suggest you take the box out of the closet and look at the earliest rating decision. Does it mention any service medical records? If so, then consider whether V.A. made an error in determining a line of duty determination in your records or whether V.A. made an error in denying service connection. Next look at your address shown on the then latest V.A. examination and other documents like the cover sheet for the examination. Finally, compare the address shown on these documents with the notification letter V.A. sent you notifying you of the denial. The reason I mention the issue of notification is because under 38 CFR 3.1 V.A. is supposed to notify you of the latest address of record. I'm trying to remember the regulation number but I think it's 38 CFR 3.103 on finality that requires notification. There are also some laws in 38 USC on finality that are pertinent. Next go through the file and look for any letter where you expressed disagreement with a V.A. rating decision. If you find one in connection with a claim before 1992 then V.A. erred in failing to prepare a Statement of Case on the issue and you should be entitled to an earlier effective date. Also make sure you look at 38 CFR 3.400 (o) (2) and 38 CFR 3.400 (q). Was there any point where you filed a claim for increased with V.A. within one year of the date you became permanently and totally disabled? [Think about your Social Security medical records on this concerning 38 CFR 3.400 (o) (2).] Is there any point in this C file where V.A. received new and material evidence during an appeal period that under 38 CFR 3.400 (q) that would have entitled you to an earlier effective date of your 100% rating? V.A. has a nasty habit of granting 100% from the date the veteran makes the claim for TDIU and forgetting about the earlier claims which were in continuous prosecution under 38 CFR 3.400 (q). You might also want to read V.A. OPG PREC 12-98, a 1998 precedent opinion on earlier effective dates. I realize that reviewing your psychiatric records for a line of duty determination is painful, but it may be more painful to simply let V.A. get away with their earlier denial(s).

[Josephine]

deltaj,

I have denial papers dated July 1992.

I would like a copy of the papers or form I used to file the claim of 1992.

Does the VA not give you these papers?

I have a " Certificate of Eligibily" for a home loan dated July 1978. Never used.

Thanks,

Betty

Edited September 26, 2009 by Josephine

[deltaj]

deltaj,

I have denial papers dated July 1992.

I would like a copy of the papers or form I used to file the claim of 1992.

Does the VA not give you these papers?

I have a " Certificate of Eligibily" for a home loan dated July 1978. Never used.

Thanks,

Betty

When you request a copy of your C file you are supposed to receive your initial application for compensation and pension, your service medical records which were received by V.A., copies of any V.A. rating decisions, and any evidence in the file at the time of each decision. It appears you did not receive a copy of your complete C file. Did you file a claim with V.A. prior to 1992 or have any correspondence with V.A. prior to the effective date V.A. assigned you?

[Josephine]

When you request a copy of your C file you are supposed to receive your initial application for compensation and pension, your service medical records which were received by V.A., copies of any V.A. rating decisions, and any evidence in the file at the time of each decision. It appears you did not receive a copy of your complete C file. Did you file a claim with V.A. prior to 1992 or have any correspondence with V.A. prior to the effective date V.A. assigned you?

deltaj,

No, I did not receive my application for compensation and pension in the box.

Did I have correspondence with the VA prior? Yes, I did , and I was sure that I had

filed an earlier claim in 1978, but all I have is date stamped medical records and bits

and pieces of my file and this " Certificate of Eligibility" for this home loan, as I said which

was never used dated July 1978.

When I re-opened my claim for benefits the Regional Office called and told me I had

filed in 1978, but now they want me to prove that I did.

I see no way to do this.

I have no ideal of how to get my hands on any application for benefits.

Thanks,

Betty