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

[JayBrown1]

How long does it take to get your C-File after requesting it? Should you wait until after all your claims and appeals been completed before requesting your C-File?

[Josephine]

Betty, there is alot of good information here. Some that can help me with a few things too! I have found a few LOD line of duty determinations in my medical records. Some in very odd places, one for tetnaus shot reaction, other in xray and ER visit notes. Handwritten back in the day, most often the medics used the abbreviation 'lod' at the beginning or end of the treatment pages.

Here are some straws for thought.

This may be a wild card, but I wonder if you used a VSO when you first filed for compensation at the VA? If so, it could be possible that they have a copy of the needed records. If I recall, many records were microfiched.

Or on a second thought, its possible that particular year that you applied for SSA or unemployability? stating on the form you had filed for veterans benefits?

Or is it possible that you collaborated your claim with another professional person, counselor, doctor or chaplain?

When did the DRO call you regards 'reopening' of your benefits and mention the 1978 claim? If it was a while ago, could they have mention 1978 in the correspondence you recieved on the 're-opening' ?

Or, the Regional office called you recently, then an IRIS inquiry may help them help you. Recant the conversation and ask them for advice on helping you find that claim they referred to. At least you'd have asked for records help from them. cya.

All the best to ya,

Cowgirl

C.G.

When I filed I went in person and the counselor handed me a sheet of paper to fill out in his presence.

He told me to secure my medical records.

I picked all of my post military records and took them to my local Regional Office.

It is that sheet of paper that I filled out in his presence that I am looking for.

I have a denial dated 1992, but I never could have filed at this Regional Office in 1992, for

I would have been shipped out of there pretty fast.

I didn't have any C&P until 2004. This is when I re-opened my previous claim.

I have the name and telephone number of the party who called me on the telephone about

the 1978 filing date and it is listed in my First C&P. She filed for service connection in 1978 and

was denied. She filled again in 2001 and was denied ,but was granted a non service

connected pension in 2003 finding this veteran to be unemployable since 1983.

When I came back from the BVA to the R.O they gave me 10% for 1992.

I also could not find in the box the calculations for the non- service connected pension.

Chronic anxiety was listed first.

Thanks,

Betty

Edited September 28, 2009 by Josephine

[Josephine]

How long does it take to get your C-File after requesting it? Should you wait until after all your claims and appeals been completed before requesting your C-File?

Jay,

For me I waited until everything was settled and decided in my claim before I ask for a copy of my C-file.

I should have ask for it before I filled, but since I didn't. I did not want to rock the boat by asking

for them until my claim was completed.

Now my head is somewhat clearer and I may attack the VA again, since I let me one year run

out with new and material evidence.

Hope this helps you,

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

Betty, You mentioned 16 years of retro pay. There is a court case you must read on V.A.'s secret rules for cases where the award's effective date is more than 8 years ago or the award is more than $250,000. The case is U.S. Court of Appeals for the Federal Circuit 2008-7076 MILITARY ORDER OF THE PURPLE HEART USA, AND NATIONAL VETERANS LEGAL SERVICES PROGRAM v. SECRETARY OF VETERANS AFFAIRS. Basically this case is about a secret internal policy that V.A. adopted on these cases in which the C & P (Compensation and Pension) Director reviews the award secretly and decides whether the award should be reduced without the knowledge of the veteran and the veteran's representative. I read the case the other night and was furious at V.A. I suspect there is a reason that you let one year pass without an appeal and that is that your file was unavailable to your representative for review. I personally suggest you discuss your case with the attorneys named in this suit or with another attorney. My husband may have also got sacked by this internal policy because V.A.'s final decision on his case assigned an effective date that was then more than 8 years ago. A V.A. representative then mentioned one of my husband's SC conditions and said it was rated 70%. I said, "What are you talking about?" He later told me, "Let me check on that." I heard the sound of computer keys clicking and he later said, "I must have been mistaken about that." I discovered after his appeal to the Court was over with that a 1971 letter had the wrong zip code on it and that his 1992 Notice of Disagreement had been stripped from the file and another Notice of Disagreement in response to other correspondence from the V.A. had been put in its place in the record. Naturally, that other letter had been removed from the record so it looked like the first NOD was on the number of dependents on his award not the percentage of rating or the effective date. THERE IS A LESSON HERE FOLKS. V.A. SOMETIMES LEAVES DEPENDENTS OFF THE AWARD SO A HASTY NOTICE OF DISAGREEMENT WILL BE FILED BY THE VETERAN ON THIS ISSUE ALONE. REMEMBER YOU GET ONLY ONE NOTICE OF DISAGREEMENT WITH EACH DECISION AND THAT NOTICE OF DISAGREEMENT MUST INCLUDE ALL ISSUES INCLUDING PERCENTAGE OF RATING, EFFECTIVE DATE, ETC. I think it's possible that V.A. may have internally paid him at 70% for that earlier error because that first NOD was on the issues in another V.A. decision. Because of this internal policy my husband's representative wasn't permitted to review the file after the decision and find that 1971 V.A. letter with the wrong zip code on it. BVA slipped out of the whole situation by stating in their 2000 decision that none of the decisions after 1994 were on appeal. Of course those decisions weren't on appeal because V.A. had secret internal standards on TDIU in 1994 when a decision was made and V.A. later had secret rules on awards which were effective more than 8 years ago. THOSE CROOKED CREEPS!