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

Requested Copy Of My C-File Back In March

Rate this question


hedgey

Question

Requested a copy of my C-file back in March, using a 4138 (this was per my VSO's instructions).

Today I got a very thin brown envelope with a cover letter stating that it contained all the records in the VA's possession regarding a FOIA request dated October 1, 2010.

The records are copies of my latest decision letter (not the explanation that I received with that), and a two page list of my disabilities and the associated dates.

The bad news is that I don't know what to make of this. I didn't file any FOIA request that I know of, and if I did it sure wasn't a few weeks ago.

The good news is that all of my disabilities are identified as Static. That's good, right?

Let us be kind, one to another, for we are each of us together in our pain.

Link to comment
Share on other sites

  • Answers 12
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • Moderator

Why did you have to drive? They printed mine and just sent it to me. It wasn't 'huge' but it was about 6 inches thick at that point. This was about 6 years ago, though....

I have requested my own, 5 or 6 times...finally got what I do believe is most?all? of them after setting up an appointment with the VARO and driving down there 157 miles one way(oh how I hate big city traffic-whew)only to have them say the copy machine was broken...so after speaking with the manager, he assured me all would be sent within a week.

Anyway, anyhow, the best thing to write is you are requesting all of these records for disabling conditions received while on active duty. Or regarding injury's received while in the military.

Recently a vet was awarded a decent retro when his claim was finally granted, and funny how they couldn't find all his completed date stamped va forms, but utalized the va date stamped request he wrote on letter head, requesting his military records, complete c-file, all records, promotions, evaluations, innoculations, duty stations all and everything for disabling conditions and injuries he received while in service.

This helped him get more years back pay. (even though he had certified/registered receipts signed for too regarding VA forms requests)

So I recommend requesting these all ways you can think of.

BTW he had received copies of all the requests, and all were date stamped by the VARO too. The personal letter was the oldest, and that is what his retro went back to.

Edited by brokensoldier244th

The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.

B.S. Doane College, Mgt Info Systems/Systems Analysis 2008

M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021

M.S. Purdue University Information Technology/InfoSec, Dec 2022

100% P/T

MDD

Spine

Radiculopathy

Sleep Apnea

Some other stuff

-------------------------------------------
B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021

 

(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

Link to comment
Share on other sites

  • Moderator

Are the files ever in 'sections'? Could it be that claiming different things 'fragments' the file?

you are assuming that the BVA judge had a file that was just your Cfile. There are other things he could have had in there, too.

*Plink plink*

I had requested my C-File and got it. This is what I used to file my CUE. When me and my lawyer got to the BVA the judge had a file about three times as big as the one I had. This leads me to question due process since both sides are supposed to have access to the same evidence. I lost anyway at that stage, but my lawyer's eyes bugged out at the difference in my copy and the VA's copy of my file. I don't think you ever get your complete file for the VA.

The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.

B.S. Doane College, Mgt Info Systems/Systems Analysis 2008

M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021

M.S. Purdue University Information Technology/InfoSec, Dec 2022

100% P/T

MDD

Spine

Radiculopathy

Sleep Apnea

Some other stuff

-------------------------------------------
B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021

 

(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

Link to comment
Share on other sites

  • HadIt.com Elder

My copy of my C-File and the BVA judge's copy were a complete mess. There was no order in time or subject. God knows what he had, but my lawyer requested a copy of the judge's file. You just can't have due process when one side has information the other side does not have. I lost my claim at that stage anyway due to the "reasonable minds" doctrine the VA interprets to their own interest. If you are going to deal with the VA long term assume the worst from them.

Link to comment
Share on other sites

Why did you have to drive? They printed mine and just sent it to me. It wasn't 'huge' but it was about 6 inches thick at that point. This was about 6 years ago, though....

Because I knew I never received all of the copies of papers. I had requested them so many times and copies of the same pages were included each time and many pages which just had copy on it but no info! Could it be the person copying forgot to turn the pages ove?? Who knows, but... I believed they were holding them back, so I called and asked what the best way they had to get me the copies and the person said just make an appointment and then come on down and get them all....LIAR- I still don't know if the manager had them send me all copies or not?? But I do have a couple of feet of files now anyway. Never trust them!! NEVER!!

Link to comment
Share on other sites

Well, I understand that a C-File request is viewed as a FOIA request (thanks for explaining that!), but that still leaves me perplexed and vexed.

I have a copy of my request, which has the Magic Stamp of Receipt dated March 25th. The paperwork I received says they received the request on October 1st.

My request states "I request a complete copy of my Claim File to include all VA correspondence and my Service Medical Records" (my VSO wrote this for me).

I received a copy of my latest Decision Letter. BTW, they only copied pages 1, 3, 5, etc. They didn't copy the reverse of the pages. Is this what I asked for? The cover letter says that they have provided copies of ALL documents they have in their possession pertaining to my request. What, they don't have my SMR's? But the copy they sent refers to my Service Records as evidence....

Was my request unclear?

Let us be kind, one to another, for we are each of us together in our pain.

Link to comment
Share on other sites

  • Moderator

I don't know about unclear-it seemed pretty clear to me, but if the person copying it had 100 others to do that day......

Its not an excuse, but that's probably what happened.

Well, I understand that a C-File request is viewed as a FOIA request (thanks for explaining that!), but that still leaves me perplexed and vexed.

I have a copy of my request, which has the Magic Stamp of Receipt dated March 25th. The paperwork I received says they received the request on October 1st.

My request states "I request a complete copy of my Claim File to include all VA correspondence and my Service Medical Records" (my VSO wrote this for me).

I received a copy of my latest Decision Letter. BTW, they only copied pages 1, 3, 5, etc. They didn't copy the reverse of the pages. Is this what I asked for? The cover letter says that they have provided copies of ALL documents they have in their possession pertaining to my request. What, they don't have my SMR's? But the copy they sent refers to my Service Records as evidence....

Was my request unclear?

The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.

B.S. Doane College, Mgt Info Systems/Systems Analysis 2008

M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021

M.S. Purdue University Information Technology/InfoSec, Dec 2022

100% P/T

MDD

Spine

Radiculopathy

Sleep Apnea

Some other stuff

-------------------------------------------
B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021

 

(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

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