Getting My C-File For Nod: Between A Rock & A Hard Place

[TiredCoastie]

Really need some advice...how badly will I screw things up if I ask for a copy of my C-file now?

I'm sitting here waiting for the RO to do something...anything...with my reconsideration claim that my VSO strongly suggested I pursue before attempting an appeal. The reconsideration claim was submitted with new and material evidence along with a separate request to increase the rating on one disability that is SC but at 0% in April 2013. The claim decision which closed that I've asked to be reconsidered closed the end of December 2012. eBenefits shows the reconsideration claim stuck at "Gathering of Evidence." Clock's ticking... If there's no decision published before basically Christmas, I understand from hadit that will have to NOD prior to that date or face the strong potential that the original decision could stand.

I'm compiling my NOD and associated evidence. Wisdom of hadit experience says to get my C-file and read through it carefully. I've got the C&P exams from my initial claim separately through the VAMC that did them. I can request the C&P exams for the last claim, and will probably next week. But I don't have the C-file.

What will happen to my stagnated claim if I request the RO pull the C-file out of the claims' queue and mail me a copy of what they feel like sending?

Call me an optimist, but I'm holding out hope that they'll get to my claim once the drive to reduce the long overdue backlog subsides (and hopefully with the completion of that LONG overdue work rather than just sitting it aside to gather more dust). Hope in a good outcome is not typically a winning strategy. Usually there is positive action on our part, either up front or along the way, that gets the job done successfully. At least that's what the Chief always said in so many words.

I read somewhere that when someone drops a Congressional on the RO about a claim that's gone on all too long, the C-file comes out of processing and a different office answers the legislator. Then the C-file can take months finding its way back to the right place for processing to restart. Wouldn't asking for a copy of my C-file do the same?

So if I ask for a copy of my C-file, will I completely derail any possibility of my claim getting the appropriate attention at the RO prior to my December deadline? (The realist/pessimist side asks how much that really matters seeing as nothing's happened thus far...how can something be more scewed up than it already is!?)

[63SIERRA]

Also ive been begging for an MRI, They wont do it. What they say is, that when they took the CT scan to see if my kidney cancer was gone after kidney surgery, they checked my back then, and it was fine. can you believe it? Thats what im dealing with in temple texas. VA.

[vern2]

ask,

St Pete VARO will sit on a request for a copy of your cfile - until pigs fly . . .

About the same amount of time it takes to get a Writ - that is IF the Writ goes thru.

JMHO

BTW - I ordered the hardcover book thru amazon - about 22 bucks.

Be sure to buy cupcake some new seeds to plant !

I have a request in to St. Pete for copy of my c-file, sent certified on 19 July 2013, but no response, it shows up in e Bennies, as pending claim? if they have not responded in 90 days, what is my next step?

[vern2]

Saw where ASKNOD sated that he had a 21 day letter he sent as well as some sort of form to sent to CAVC writ of mandamus?

ASKNOD: could you post these? I have been trying to get my c-file since July and keep getting the run around, I am in the NOD phase since 1 October 2013, and really would like to see what the VA has in my file, as appears they are missing all of data I sent for 2003- over 200 pages via eB enefits, not a good idea. I do have hard copies and activity record does show what I uploaded on over 45 different times! It appears that E Bennies and RO do not communicate! I also sent follow up letter in August to RO complaining about the missing evidence and followed that up with phone call and was assured on phone that they have all the eBennie stuff, yet my decision evidence did not show anything from 2013!

Vern

[63SIERRA]

I have a request in to St. Pete for copy of my c-file, sent certified on 19 July 2013, but no response, it shows up in e Bennies, as pending claim? if they have not responded in 90 days, what is my next step?

I would go see your congressional liason, and have them do an inquiry.

to me, ebennies is just a way for them to say ,, the computer is the problem, the computer lost it, its the programs fault, its lost in cyper space, yada , yada, .. dont mess with ebennies ,. just mail it in verifiable good ole certified mail ,while u still can.

Edited October 5, 2013 by 63SIERRA

[free_spirit_etc]

It is good to read this about getting the C-file. I never could quite understand how requesting your records was supposed to slow down your claim, or how the VA seems to be exempt from time-frames set by the freedom of information act.

[JT24usn]

The va does have a time frame but the way they get around it is this. You send a request in for FOIA and they respond with a letter saying they for your request and are working on it. That suffices the timeliness. Then they put you file in a with others in date order. By doing a FOIA your file is pulled from wherever it is and sent down to public contact to sit and wait to be copied. Maybe, if the person has the sense that the claim is at rating they may rate before sending it down. At least that is at our RO. The letter response part is everywhere. Jmho