I Believe We've Hit C-File Checkup Time

[draggin'swife]

Hubby and I are pretty darn sure that there's some info missing or being missed.

I understand that we can go to the VARO and see the C-file and fix any mistakes we find. How do we fix those mistakes? Can we add missing important paperwork at the VARO right then? How do we “know” or prove it’s going to finally be in the c-file instead of just shoved to the side? Since it's not certified mail, can they stamp a letter as proof? Are we going to need to double check our CFile periodically if we know new information has been submitted?

Secondly – ordering our own copy of our cfile. I know they "lose" things that I would want to keep on hand. And I can imagine having everything in front of me in my own home would help tremendously. BUT, it could take up to a year to get.

Any advice?

Draggin'sWife

[Philip Rogers]

You can visit the VARO and look at the c-file, with a VA employee overseeing the event. They need to schedule the time, as an employee must witness, to be sure you don't remove or add any info. You can point out errors and respond to them, preferably in writing, to get them corrected. If you request a free copy of your c-file, the VA has about 30 days to provide it but, as you know, they violate this all the time. You may want to view your c-file, prior to requesting a copy, just to be sure nothing is "accidently" misplaced/removed. The veteran will probably need to sign a waiver allowing the spouse to view the file, w/him/her.

pr

[FormerMember]

PR above has lots of good info (as usual), Your file is composed of three parts-left, center and right pocket. The left is used for dependency issues. Marriages, divorces, and number of dependents along with birth certificates are located here. The center pocket is the one of interest. It contains all ratings decisions, evidence submitted and evidence used in adjudications. The right pocket is for VR&E issues, training programs you've enrolled in, GI bill info if you used the program and VA Loans for houses.

If you are actively engaged in a claim, it is a poor time to ask to get a copy of it. It requires pulling the file from adjudications and taking it to the room next door to the shredding area. There they make a copy for you. As Phillip mentioned, they technically have 30 days in which to comply but I've never seen it done in less than 90. Some have waited longer due to this current bump in the road called the backlog. Remember, this requires a GS-5 or higher to accomplish. Copy machines are incredibly complex these days and you have to be careful. You may be surprised to find other people's files mixed in with yours. They hope to cure this problem when they go paperless.

Most importantly, filing a claim with no knowledge of what your opponent has as evidence already is foolhardy. Consider them like an opposing attorney. You need to have a "discovery" phase where all the cards are laid out on the table. From then on, the only things that can get into the file are rating sheets, C&P results and the evidence you tell them to collect. Your submissions will be included but you'll keep copies of those and know about them. If an "event" occurs like a C&P, you can ask for a copy of it. If you have a VSO, you can view it with him on a more regular basis if you wish.

With the advent of the paperless VBMS, I suspect they will soon have a "blue button" similar to the MyhealtheVet that will permit a download at your residence via Ebenefits.

[broncovet]

Getting a copy of your cfile is a necessary evil for at least 3 reasons:

1. You can find out which pieces of evidence the VA ignored, and which they shredded. Its an important distinction, because we handle ignored evidence differently than shredded evidence.

2. You can resubmit shredded or mishandled evidence, but it wont do you much good resubmitting ignored evidence.

3. You need to know "what can and will" be used against you. Otherwise, you are shooting in the dark.

While it does take time (way too much time) for a copy of your c file, failing to do so is like taking "blind" shots into the mountain and expect to kill a deer. You are more likely to get a disastrous result than you are to wind up with a prize buck.

[FormerMember]

Interesting analogies. The most apt is certainly "Anything you say may be used against you" with a codicil (if we don't lose it).

[draggin'swife]

OK. Long sigh.

I just received a surprisingly helpful letter from the VA explaining how they do things and the info they need. Also included is a "Section 5103 Notice".

I have the chance to do one of the following

1. Send additional info and say we are done submitting info. (or send nothing and say we're done submitting.) AND decide my claim as soon as possible

2. Tell them I intend to send more info, tell them to wait 30 days.

This particular claim is from Aug 30, 2011 and it's for an increase(s) and a first time claim for TDIU. I am hoping it's one of the backlogged cases that they intend to work on quickly.

I'm confident that I have sent everything in...not so confident they have it all.

My biggest issue here is do I try to see my C-file or just let this claim be decided already.

(When I say "I" I mean we, and we I say we I mean for my hubby ;)

[draggin'swife]

If I resend about 5 pages of info that I'm not sure they have received with this "Section 5103 Notice Response" , what will happen?