Can Vet Have 2 C-Files?

[autumn]

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.

[autumn]

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.

i should clarify, the current claim is not an appeal. we gladly accepted the service connection returned on first claim. now its to get the secondary issues with my ms applied to my disability rating. so VARO has claim folder and its up to them to make a decision on this. for now, there is no appeal/BVA involved that i know of.

[autumn]

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.

here at va biz/records office they still keep reports in paper folders though they are supposed to start getting them digital. all non-va doctor stuff i took there they simply put in paper folders, not computer as they led me to believe. so i have to carry papers to va doctors because they don't know or won't request those files from records div here.

i send papers to VARO as does PVA and i send them a copy so they have same pages they auth me to send.

i quit taking papers to this local records office and send pertient stuff to RO.

question: is the administrative file and voc rehab files worth it to request a copy? are administrative files located a different VA's a vet has been too? you know, like i've lived in quite a few cities

thx

[autumn]

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.

thats were my mind is. i cant recall well, but i think i've mentioned this issue before.

it is a strong evidenced claim, but like you mentions, VSO says not to file. we'll, then i'm losing money/treatment options for my cervical issues by keep waiting. there is very good medical evidence for my cervical to be SC'd along with medical complaints for it on active duty and years sense to present.

the varo already did one "fake" c&p and i had to get another one to correct that one. so in my mind (maybe one too many ms lesions), if thats the kind of RO & VA i face here, why wait? seems they're going to play the jerk-around game anyways. i certainly could be wrong, but experience shows otherwise.

[Guest]

I am still a little confused of what you are asking. If you have pending claims at the RO, and you file a new claim now, VA will not open/create a temporary C-file. What VA will most likely do is to begin the process of developing your new claim(s) and then try to rate your claims all at once. Even though you may have credible evidence, VA may still request a C & P exam and that could slow down any decision pending.

[autumn]

I am still a little confused of what you are asking. If you have pending claims at the RO, and you file a new claim now, VA will not open/create a temporary C-file. What VA will most likely do is to begin the process of developing your new claim(s) and then try to rate your claims all at once. Even though you may have credible evidence, VA may still request a C & P exam and that could slow down any decision pending.

sorry, can't express myself as well as i used to. ;-)

that answered my question, that is more than likely things will delay if i file.

so vets wait months/years in between filing claims as not to delay?

[Commander Bob]

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.

Hi 'autumn'.

From what you have posted, and for your stated purposes, I would think (JMHO), no, the VA cannot create a separate c-file for your second disability claim. I would think the VARO would add it to your original C-file #.

You also post, "i should clarify, the current claim is not an appeal. we gladly accepted the service connection returned on first claim. now its to get the secondary issues with my ms applied to my disability rating. so VARO has claim folder and its up to them to make a decision on this. for now, there is no appeal/BVA involved that i know of.

You also say ..."there is very good medical evidence for my cervical to be SC'd along with medical complaints for it on active duty and years sense to present."

Why didn't the VA include your additional medical evidence in your original claim? jmo ...If you connect the second claim with the first one, I would think that your eed would go back to to you're original claim date. If the year deadline on your original claim has lapsed , and if your medical evidence is considered new evidence then the retro clock will begin when you file a new claim.

When did you receive your award letter for the first claim? Do you still have NOD time (one year)?

Edited June 25, 2011 by Commander Bob