C File

[Cpl. B]

Hello again all.

Was just wondering if there was a time that I should allow before requesting to view and get a copy of my C File?

Thanks for any input.

Cpl. B

[cooter]

It all depends if or not you have a claim in progress at the moment, and if you don't you can request to view it now. But if you do have one in progress it depends on how long it's been in, Another words, now days claims are taking about a year to get thru the system. If your claim has only been in less than 6 months I would say go ahead and request it now, but, if it's been in longer than that, I would wait till your claim has been decided on. Reason being is, it'll possibly slow your claim down alot. Hope this makes sense.

[Testvet]

basically where ever your C File is now they have to pull it from the stack in order to copy it and then it may take them a week or more to get it done then it will go back to the area it was in rating phase, decision phase, NOD etc and then it will be put at the bottom of the pile and all the time it sat there waiting on it's turn to be worked will just have been a waste of time

if you are appealing to BVA and have just requested then I would ask for a copy before they send it out it will be in DC for months before it is assigned to a BVA Judge anyway

[fanaticbooks]

For my hubby, we waited until we filed a NOD. Then we asked for his C-file. This allowed him (actually me, lol) to see what was used to evaluate his claim. He (I) could then use what they had as well as the info I found for him and create his appeal refuting or supplying information to enhance his appeal.

Requesting a C-file before receiving a decision on his claim doesn't strike me as effective. Once a decision is made THEN you have something to investigate.

If you have filed a NOD, received your C-file, received a response SOC from DRO, you can always request from your C-file all information in it that continues from when you received your first request.

JMO

fanaticbooks

[Berta]

Interesting point.

In my case I didnt ask for a copy of the C file until I began to gather info to reopen my claim in 2003.

WHAT A SHOCK!!!!

All the stuff they said they never got for my original claim was in it!

One thing was an extremely important Peer Review Report that was supposed to award my DIC in months after I filed for it under 1151.

The VA doc who prepared it and the regional counsel who said he took this report right to the RO himself disappeared along with the report.

When I found it in my C file in 2003 it was part of my evidence but ignored by the RO.

I re submitted it for my current pending AO IHD claim.

Although the VA had accepted my law evidence regarding my husband's malpracticed IHD for the 1151 and FTCA award-

this Peer Review had a step by step account of the 6 years of IHD malpractice ,whereas the FTCA med documents focused more on other negligence.

I think in cases of a re-open, a copy of the C file is a good thing to have.

I found other goodies in it too.

I think the best time to get a C file is when there is nothing pending because although mine came in 4 weeks these days it could take 4 months to get a copy.

The copy of it could trigger the vet to even consider a re -open.