Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

How Long For C-file?

Rate this question


ddj6969

Question

Here is a copy of a email I recieved for IRIS. I had asked the status of my claim and got this---

This is in response to your update of your inquiry. We regret that there is no new inforamtion regarding your appeals. Your file has been pulled from the Appeals Team to the Freedom of Information Act / Privacy Act Officer in response to a Freedom of Information Act / Privacy Act request. Once the information requested is copied, the file will be returned to the Appeals Team.

Could this be my C-File request? I made the request for my C-File in Nov. 08. Could it take that long? I responded asking who made the request but have not recieved an answer yet.

Thanks

Link to comment
Share on other sites

  • Answers 12
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • Content Curator/HadIt.com Elder

It sounds promising. Because a FOIA request is being fulfilled, it probably means that it is being copied or is in a long stack of other records waiting to be copied.

I submitted my C-file request a couple of weeks ago. My RO (Montgomery, AL) said there were about 700 people in front of me and estimated about three months to get it. I heard it is a lot worse for other RO's.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

Link to comment
Share on other sites

If it is my request I guess that is good as I will have everything the VA has but when I go back to the appeals team do I go back to the same place or am I at the bottom of the pile again?

I asked for a DRO appeal almost 2 years ago.

Thanks

Link to comment
Share on other sites

  • HadIt.com Elder

Yes, they pulled your C-File to make a copy, so that is helping to hold up your DRO. Did the VA send you a letter to confirm you are getting a DRO Review/Hearing? Be sure that is what they are doing. I asked for a DRO when they first started doing them and the VA had mistakely certified my claim to the BVA. I got there in time to stop them from sending my file to D.C. Two years is a very long time to be waiting on a DRO.

Link to comment
Share on other sites

I don't remember if I got a letter about a DRO but here is a copy of a message from IRIS---

This is in response to your update of your inquiry. We regret that there is no new inforamtion regarding your appeals. Your file is in line to be reviewed by the Decision Review Officer (DRO). The DRO reviews appeals in the order in which the Notice of Disagreement was received.

I was a little off on the dates, it just feels like forever, another IRIS message---

We have researched your appeal for pain in groin with urinary frequency and determined your Notice of Disagreement was received on September 2. 2008. The appeal for athletes foot and tinnitus Notice of Disagreement was received on October 26, 2007. We have also received your election to have your appeals reviewed by a Decision Review Officer (DRO).

Thanks for all the help!

Link to comment
Share on other sites

  • Content Curator/HadIt.com Elder

Somehow, I envision several large shopping carts full of file folders parked in the corner in the records room...

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      First Post
    • kidva earned a badge
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use