Should Your Vso Have A C-File Copy?

[autumn]

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?

[autumn]

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.

i appreciate and respect your soapbox, and would do the same in your position. i know all too well the good in many mil, VA, & SO folks.

my intuition is telling me to be wary of this, "we're giving the VA the benefit of the doubt to do the right thing, you just have to sit back and wait", "not to file any other claims even if unrelated to the MS claim", and why SO didn't speak with me about the strange "ms secondary exam" that seemed more a time buffer than actual exam, why the VA didn't order the tests requested by the SO. whats wrong with a casual explanation of all that. versus when i ask about it, it's like i'm the one interfering and holding up the VA rating process.

i've been wrong before but that's my perception

thank you for your input, appreciate it

[autumn]

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.

i can only assume then, since my NSO is in another state, he must be using the regional pva for access to view records when needed. i certainly agree about the space limitations.

[autumn]

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.

mine too is "supposed to go forward with cue" after the ms secondary med issues get rated -- so i'm told. you can what's hanging in the balance.

for the local VA saying they don't really know what to do with the rater's request for ms secondary issues exam, and my current VSO not mentioning that or advises me on it, you can see my uneasiness.

that office does have a very wonderful efficient compassionate secretary and she informs me what the VSO says, but it's usually "you just got to wait..."

i've read many notes on this board from elders and i know if they were in my shoes (and many have been or are) would feel/relate to my concerns.

i'm glad someone understands where i'm coming from. if ya want to farm out your lawyer, i can shoot you a priv email. i may need him

[Xnavynuke]

Xnavynuke,

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

Basically, he had applied for TDIU in the late 70's for due to a Mental Health issue. SSDI granted in 1982 for the same Mental Health issue, and veteran applied for an increase on the same Mental Health issue at that time. In the SSDI fully favorable decision it states that based on his Mental Health issue. VA proceeded to grant an increase but not 100% for the mental health issue, veteran is still not schedular 100%, but is TDIU and based on them citing the SSDI decision as evidence, I think I am justified in thinking that I can get an EED, but my veteran is paranoid that they made a mistake, and I have assured him that I would fight it until my last breath. He is just tired of fighting the VA and reluctantly I have to accept this. Now if VA takes it upon themselves to review all of the evidence, I think that they can be led to see the error in their ways, but I am biting my tongue for now. I am still working on convincing the veteran and his wife that this fight isn't over yet.

[Pete53]

For the VSO's who responded to this thread I thank cause I do understand that there is no way most of the busy service organizations can keep a copy of all that passes through the office. After all the C File is the master and should have the records and every Vet should know that they really need to keep their own records in case theirs are lost or misplaced or incomplete.