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

Should Your Vso Have A C-File Copy?

Rate this question


autumn

Question

if i've asked this prior, well, i can't remember.

i would like to know whether it is standard protocol for your VSO to have a copy of your c-file.

if it is standard protocol and the VSO doesn't have a copy what would be next step?

Link to comment
Share on other sites

  • Answers 17
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

In the VA world what does make sense. All I know I was shocked to learn that letters, IMO's and other paperwork was not kept by the VSO. In fact anything you give them they forward to the VARO

as an elder here, to still recommend VSO's? if all they do is forward stuff without really reviewing it and type a few request notes to VA, what's the difference than veterans just doing it themselves and roll the dice. i don't see any difference anymore.

Link to comment
Share on other sites

as an elder here, to still recommend VSO's? if all they do is forward stuff without really reviewing it and type a few request notes to VA, what's the difference than veterans just doing it themselves and roll the dice. i don't see any difference anymore.

As a VSO, and new to this only been working at it for a little over a year, I will say the way I run my office is that I will forward everything that the claimant gives me to the VA. I also make copies of everything so that the claimant retains a copy. I will make a summary of notes, and write down a plan of attack, with contingencies. I WILL NOT KEEP DIRECT DEPOSIT, MEDICAL RECORDS, OR PTSD STRESSOR REPORTS in my office, yes it is behind 3 locks, but I am still wary that if my office gets broken into, that there is not enough there for anyone to commit identity theft or hurt my veterans. jmo.

Right now, I am of the opinion that the veteran is their own best advocate, but with mail and correspondence going through me, I provide a fresh set of eyes. I may not know everything about the VA system, but I try.and have had some success with the veterans I work with. If you get a VSO that just forwards things without reviewing them, it is time to find a new VSO. Personally, I think that all VSO's should know their claimants claims, and be able to recite the most minute detail of them, but as a realist, I know I cannot do that and don't expect anyone else to be able to. I try to keep somewhat detailed notes about the individual claim in the files that I maintain. I would say that if the VSO is in a rush and tries to push you out the door, they are not the right person.

I see or talk to veterans at least 500 times a month, and some are repeats and some are just to let me know the latest paperwork that they have gotten from the VA. I do get copies of everything that is sent from VA when my organization is POA, and this has helped me to make sure that we (I take my client's claims personally) do not miss a deadline. Only on a rare occasion will I act unilaterally without input from my veteran, and that is normally if I cannot get a hold of them and receive correspondence that a deadline is about to be missed.

Getting down off my soapbox...

Autumn if the VSO's you have spoken with just want to forward paperwork and slap a transmittal(cover letter) on it, you really don't need them, as they probably won't be maintaining detailed files that will assist in your claim when VA says that they didn't receive something. Most of the VSO's I have spoke with or work with maintain detailed files that given 5 minutes of perusal will be back up to speed with. So as a VSO, I apologize for the rest of us, but I assure you that there are many of us out here that are passionate about what we do, and aren't in it just for the money. I work with several hundred veterans a month at work, and in my off time, I try to do outreach to the local VFW, as their Post SO doesn't have the training that I have been blessed to have been given, and I am local. My advice is shop around and find a service officer that is passionate about their work, and will actually assist and counsel you as to what they think you should do. At the same time, they need to realize that you are the boss, and that they need to act only on your behalf and to the extent that you want.

For example, I have a veteran that had been trying to get TDIU for approximately 40 years, I had him bring in all of his records, and I started going over them while assisting him in applying for an increase for his s/c conditions and TDIU. While searching his records, I found evidence that in my opinion shows that he should get an EED in the early 1980's when the decision came back on the increase, but as he was so happy with the decision, he told me not to mess with it. I may not like the decision, but it is his decision to make. VSO's need to realize that they work for the veteran, and they need to explain all the options, if the veteran feels compelled to go in a direction that I don't feel is the correct one, I will advise against it, but I will support them every step of the way.

This is just my 2 cents, and take it for what it's worth.

Link to comment
Share on other sites

Number one..........space. As a VSO I do not have the space to keep a C file on all my clients. I do have pertinent information in the vets file in my office, but the veteran is ALSO responsible to keep his own files. A lot of vets change POA's and that is why the vet should have some files. The problem with having your C file copied is that you get a lot of superflous information such as bank assignments, school tuition information and so on. Also the C file is there for you to see if you request from the VA Regional. Be specific on what you want copied and they will do it. Do not ask for a blanked copy of a C file. That is a lot of work and leads to somebody having to curtail a job just to copy a whole file that will probably be dumped in a file box at home and forgotten about. Just be reasonable on what you want. VSO's do keep or should keep files on current claims if they do not they are not doing their job.

bobbyq
Link to comment
Share on other sites

For example, I have a veteran that had been trying to get TDIU for approximately 40 years, I had him bring in all of his records, and I started going over them while assisting him in applying for an increase for his s/c conditions and TDIU.

While searching his records, I found evidence that in my opinion shows that he should get an EED in the early 1980's when the decision came back on the increase, but as he was so happy with the decision, he told me not to mess with it. I may not like the decision, but it is his decision to make.

Xnavynuke,

Did you find a CUE or what made you feel he should get a1980's EED ?

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

  • HadIt.com Elder

I filed a CUE claim that goes back to 1971. If I win my original rating will be changed. My rating will probably be staged over a number of years. How can a VSO or lawyer (which I have) make a judgement about what my rating should be if they don't have my complete file. That is what I am talking about. I think Pete does not mean you should depend on a VSO or reject all VSO's. I can see that if you file a claim your VSO may not need your complete file. In my case the VA did go over my whole file to find a reason to reject my CUE. Not legal I know, but they did it anyway, and my lawyer will need my whole file to make sense of my ratings over the last 4 decades. If you have an old claim your file is probably huge. Unless you are filing a CUE or a claim that challanges an effective date from the way back your file can probably sleep in peace. The first thing my lawyer asked for was my entire C-File. Autumn, I see where you are coming from with your frustration and distrust of the VA. I don't trust them either and not wild about the VSO's I have had dealings with in the past.

Link to comment
Share on other sites

IMO - yes, certainly a private lawyer would need and request a copy of the

complete C-file.

A VSO doesn't need to keep copies of C-files - they can go to RO's and view them any time they want

as long as you have appointed them.

VSO do not keep copies of claimants C-files - what they keep is bare bone.

Carlie passed away in November 2015 she is missed.

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
      Conversation Starter
    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
  • 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