Does The Va Keep An Electronic Record Of Decision?

[broncovet]

I received a copy of my C file from the RO recently. I thought it was odd the box was only 3 inches thick, when my box, which is incomplete, contains a stack of at least 12 inches of records. The RO has shredded (or they are missing) more than 1000 pages, about 70% of my files. Since there are multiple RO decisions missing from my files, multiple VCAA letters, multiple NOD's etc, does the RO keep an electronic record of the RO decisions, or do they even know about them? I know they keep an e-record of the percentages, but do they keep an e record of the "reasons and basis" for denials?

For about 3 years, I noticed that whenever I filed a NOD, they dont respond to it, ever, instead, they just issued a new decision pretty much just giving "lip service" to my NOD.

Yes, I have filed a Special Handling Request due to shredded documents. I saw an "internal" memo that they put in my c-file, saying they did not think my case was a valid "shred" case, because some of the documents I listed in the SHR were in my file, while others were missing but outside of the dates in the fast letter. That is, they pretty much admitted shredding, but said it was ok, because it was way before the "october incident" and year 2002 shredded documents did not qualify for special handling under the fast letter.

Earlier, I probably would have been mad about this, but it just does not suprise me anymore.

If the VA looses their own decisions, how can they possibly respond to my NOD's, when they dont even know why they denied me?

[carlie]

Once a file get's too thick (binded out) the old stuff gets refiled and stored. This is so the old stuff doesn't mix in with the newer claims. I was told this by a rater.

Jerr

The file is supposed to stay together -

no matter how many volumes there are.

jmho,

carlie

[broncovet]

Delta....

I seem to recall reading what you are referring to, but I cant remember when/where. Altho I think Carlie is right, they are 'supposed' to keep the file together, I also know that no 2 RO's do everything the same...everything is 'willynilly'. People are always saying 'the VA does this' or 'the VA does that, instead', but the statistics reveal that there is a wide variety of differences between Regional Offices, including, but not limited to the average compensation paid per Veteran. That means to me that the RO managers can pretty much do whatever they want to do, and we Veterans have no choice but to abide by whatever they say, whether it is fair or not. Sure, we can appeal, but that takes 4 years according to Veterans for Common Sense.

I am convinced, however, that the BVA/CAVC/Federal Courts are much more consistent about applying the applicable regulations and, frankly, Veterans get a fairer shake by appealing than the do at their RO.

[john999]

When you request your C-File they are supposed to send it all. I have been to the VA and seen my file. It is large. If there is something in your file that you want you can get them to copy it on the spot of you. This way you know exactly what you are getting. I mean if you had a question on a rating you can get everything the VA has on the decision.

[Testvet]

When you request your C-File they are supposed to send it all. I have been to the VA and seen my file. It is large. If there is something in your file that you want you can get them to copy it on the spot of you. This way you know exactly what you are getting. I mean if you had a question on a rating you can get everything the VA has on the decision.

John you sound as bad as me the last time I saw my file it was at the BVA hearing it was on 2 gurneys and has 5 of those long boxes....I have no idea on how many reams of paper are in there but a few small trees for sure.....

[jerrbilly]

It's supposed to but since there's not a regulation for this some RO's deviate from the normal protocol.

Man, I sure wish there was a regulation for this though.

Jerr

The file is supposed to stay together -

no matter how many volumes there are.

jmho,

carlie

[hurryupnwait]

If you get your C-File and find an old decision in which there is no record that you ever received your appeal rights I wonder what kind of error that might be. In most legal proceedings that is a fatal error not to inform a claimant that they have appeal rights. Really old decisions from the VA that are in your c-file are so incomplete that I think they all deserve a second look. Your C-File is not stored electronically. It is paper. Paper gets lost over 40 years. If the record is lost how can they reconstruct it? As far as I know if all particulars of a decision are not in your C-File they do not exist, especially for old decisions.

I agree with John, if you do not have a decision letter in the c file then it is an open claim no matter how old the claim is.