C-file Discrepancy

[jsdwd]

In connection with an appeal of a rating I requested a copy of my C-File (BTW this is virtually a necessity). After making that request, I retained an attorney to perfect my appeal. He also requested a copy of my C-File. His copy was mailed to him and I was notified (by a very helpful woman at the Oakland VRO) that I could go to the RO and pick up my copy personally, which I did. The attorney scanned the documents he received and sent me a copy of .pdf file of each page.

I compared the C-File he received to the C-File I received and they are not the same or even nearly so. There some major differences. I noted the differences and sent the attorney an annotated listing of different pages and their contents.

But the lesson for the readers of hadit.com is don't assume that the c-file that the attorney is sent is the same as one you can obtain for yourself. My c-file had over 20 pages that the c-file sent to the attorney did not and several of them were important to my claim.

,

[Vync]

Did you request a copy of your c-file while you had a claim pending?

How long did it take to fulfill your request?

I'm curious because I requested mine about five months ago and still have not received it, but I do have pending claims.

Thanks for the tip about the copies being incomplete. I just hope all of mine is there and nobody else's papers are jammed into my file.

[john999]

When I went for my BVA Hearing the C-File my attorney had and the C-File the judge had were very different. Our copy was about as thick as the white and yellow pages of a big city. The judge's file was three times that thick. We don't even have the same information the VA has when we go for a hearing. How the hell are we vets supposed to get a fair hearing if we don't have access to the same evidence? In almost all other legal procedings both sides have access to the same information. It is enough to have a case thrown out if one side does not share information. I guess the VA runs their own casino. Even most administrative law forums adhere to this rule of sharing all evidence and information. Not the VA.

[jsdwd]

Hi,

I waited until my claim was rated to request the file. I was told that requesting while there was a claim pending might disrupt processing of the claim.

From the time I requested using Freedom of Information Act until I got the file was a bit over four months. My claim was rated in July 2009. I sent the original request in August of 2009. The VA Regional Office (VRO) sent me a letter requesting 'clarification' and I replied immediately via certified mail that no clarification was necessary and my original request was very clear. The practice of sending 'clarification' letters is called "clocking" and restarts the time limit associated with all FOIA requests. I don't know that was what the VARO was doing, but I took no chances.

My certified letter regarding clarification was received by the VRO in Sept. '09. I picked up the file at the very end of December. I had the good fortune to have a very helpful woman at the VRO assist me.

This was at the Oakland VRO. I'm sure the amount of time varies by region.

[jsdwd]

My attorney has sent a letter to the VA citing the discrepancy between the two files and requesting a 'true, complete' file.

When I went for my BVA Hearing the C-File my attorney had and the C-File the judge had were very different. Our copy was about as thick as the white and yellow pages of a big city. The judge's file was three times that thick. We don't even have the same information the VA has when we go for a hearing. How the hell are we vets supposed to get a fair hearing if we don't have access to the same evidence? In almost all other legal procedings both sides have access to the same information. It is enough to have a case thrown out if one side does not share information. I guess the VA runs their own casino. Even most administrative law forums adhere to this rule of sharing all evidence and information. Not the VA.

[carlie]

When I went for my BVA Hearing the C-File my attorney had and the C-File the judge had were very different.

John,

I think we should have the same papers too but I think

a reason we don't is some of it is their internal paperwork

like a C&P request.

But heck we do need to see those also, heck your claim issue could be

hearing loss and (during pre-determination)the decision maker

could order a Neurology C&P for frequency of seizures, by mistake.

jmho,

carlie

[Vync]

There's also a lot of internal accounting details and notes that we should have access to. If they tag something incorrectly, it shows how wrong they are. I guess it could be another method of covering their tracks.