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

Can Vet Have 2 C-Files?

Rate this question


autumn

Question

hey folks, i have a pending claim for the secondary medical issues related to my service connected MS.

i have a large folder of supported medical documentaion from active duty to present for cervical trauma and its issues. i want/need to file for that to be SC'd along with increased degeneration issues with service connected lumbar trauma.

question: can i submit a claim request along with this folder and have it as a second c-file so it doesn't hang up the current MS claims issues? i just don't see this varo doing the right thing and the current claim could take as long as they want to drag it out.

Link to comment
Share on other sites

  • Answers 34
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Veterans only have one C- file. There are times when VA loses a veteran's C-file and they create a new one but when the lost C-file is found then VA will combine them together. VA also creates a veteran a temporary C -file, if the veteran files a new claim and has an appeal in process but when the appeal is completed the temporary C-file is combined with the original claims folder.

Link to comment
Share on other sites

...VA also creates a veteran a temporary C -file, if the veteran files a new claim and has an appeal in process but when the appeal is completed the temporary C-file is combined with the original claims folder.

IYHO, with this temp C-File you mention, would the varo work on that claim as seperate from the appeal/claim process already in progress? or would the temp C-File stall the one already in progress?

Link to comment
Share on other sites

It depends if the new claim is secondary to any claim on appeal. if it is then it will slow the appeal down, it could also slow the appeal down if the veteran's c-file is at BVA and the RO has to request the original C -file back to get pertinent evidence and return it to BVA and then the RO would try to process the new claim. Keep in mind that it takes about five years to go through the appeal process. If the new claim is separate from any claim on the appeal the RO can process it by itself.

Link to comment
Share on other sites

  • HadIt.com Elder

Actually Veterans should be aware that there are more than one file kept on Veteran and some information is not available in C File. At your VAMC for instance many Veterans have an Administrative File, Voc Rehab keeps their own files as does the Dentist. Of course after you open a C file with your first claim much of the info is not always current. Although your SMR's are supposed to be in your c file they usually do not include Personnel 201 file for Army nor records at postings.

Took me years to get all the information that they had put in various places.

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

Pete53 I agree but I just don't want to confuse anyone. The VAMC records are medical treatment or dental records, the Voc Rehab are Educational folders, but of course these are not part of the C-file. It is best when a veteran is being treated for a disability and files a new claim that the veteran submit his or her treatment records as part of his or her evidence to make sure that their C-file is up to date or to request VA to get their current treatment records from the VAMC.

Link to comment
Share on other sites

  • HadIt.com Elder

I had a claim at the BVA and I filed another claim for HB. It only took about a month to get the HB since there was no development involved. I do wonder about temporary files and we are constantly warned by VSO's not to file extra claims because it will slow down appeals. I don't know what is true. I think if you have a good claim that will net you some money file it regardless.

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

    • 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
    • KMac1181 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