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Form To Request C File From Ro

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jbasser

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Requested mine the second time from St Pete on Feb 2012. Never got it. Never will get it. Never have even seen it. Hell, it may not exist.

(C-File) Got a letter from the RO today 6/29/13. They finally acknowledged that I requested it. They said that I am in line to get a copy as they work them in the order that they get them.

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A concern of mine is that when a denial exists, and the appeal period has expired, and the veteran or representative finally receives a C file copy. - - -

The denial often contains general language to the effect that the c file contents were reviewed/considered. Yet the denial may also contain language

saying there wasn't supporting evidence in the c file. Yet again, the veteran has copies of the records sent to the VA by and/either the veteran, the military services, or private medical records that show some evidence of a service relationship.

This leaves several problems/issues to surmount.

Did the VA actually see and consider the evidence?

Did the VA dismiss or try to negate the evidence?

Did the evidence actually make it into the C file?

Is the evidence still in the C file, if it was there in the past?

(A record of an old denial has actually disappeared from my C file, even though other paper (VA internal forms entries, etc.) Show that something was done that is not reflected in the current existing records. More frustrating was that the Chicago VARO was originally the denying VARO, and Atlanta is these days.

Was the evidence possibly "top sheeted"?

What happens when the C File is digitized?

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"I requested and got mine in about 6 weeks. When I got to the BVA I found that BVA judge had about twice as much of my file as I did. My lawyer requested what the judge had right then and there. How can you get a fair hearing when you don't have the same evidence as you adversay?"

Hmmmm - when I think about it, there seemed to be a whole lot more in my file at the hearing than what I recall getting. I got a lot. It took 2 priority boxes to send it. But the judge had a stack about 2 feet high. I didn't get a chance to look through it though, because the VSO had the file before the hearing. Is there a way to request just the stuff I don't have?

I got a copy of my C-file, but it was missing the back side of the medical opinion used to deny my claim. I kept asking for a copy of the rest of the opinion - and they kept telling me I had to send them the date the opinion was written and the name of the doctor who wrote it to get a copy. How in the world would I know who wrote it when I didn't have a copy of the part of the opinion he signed? I finally contacted an email Berta posted of people who were supposed to help with survivor benefits. They emailed back and said they would forward my email to the appropriate person. After months of trying to get a copy of the medical opinion - the VA sent me another copy of the whole C-file. But they also let me know that it was my SECOND copy and that I would be charged if I wanted anything else. (I hadn't asked for an entire second copy. I had just asked for a complete copy of the VA medical opinion that was used to file my claim).

I sure don't want to pay for copies of ALL that stuff. But I would be interested in getting a copy of the stuff that is in my file that I don't have yet.

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