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!?)

[carlie]

What I have gathered from the OP's posts is that the current issues involve an increase for

a condition already SC'd, and the denial of SC for hearing loss that VA states existed upon entry -

which I would be claiming SC by way of aggravation.

My question remains - is there something in the C-file the OP hopes will help advance either

of these issues. I know of nothing in a c-file ( would apply to an increase of an already

SC'd condition), that current medical records would not already support.

I am not suggesting that one does not obtain a copy of their entire c-file, I am only addressing

the OP's issues at hand.

[FormerMember]

Agreed, Carlie. However, when treating with these fellows, absent your C-file, you are flying blind. The RO has a marked deck and even knows what's in your hand. You, on the other hand, are at their mercy to ascertain if they are even being honest. What of Leigh's problem where there are another Veteran's records in her c-file? Do you see the implications of this? VA has a storied propensity as BroncoVet would probably be more than happy to tell us about re the shredder fiasco. If you have no copy of the c-file as a reference, the c-file simply contains whatever VA says it contains. Not the judicial posture I would want to be in.

In a claim for increase, it is necessary to confirm they rated you properly based on the evidence in the file. Since we know they tend to low ball Vets, this again is just a normal precaution to "trust, but verify" as Ronald Reagan used to say. I have found that VA does not always bargain in good faith. And if TC has another Vet's records mixed in with his, he needs to have them expunged and a de novo adjudication free of the taint of contamination. Absent that, he can obtain them sometime in 2020 after the backlog subsides if he trusts them. For some, the financial repercussions make them want to be meek and take the proffered handout (rating) and then try to right the wrong at their leisure over the next two or three years at the BVA.

Thus the argument boils down to its essence. Does TC risk delay by asking for it? Will it slow his claim down? Would a CI throw a monkey wrench into it? I don't feel it would. At the RO, you have a projected completion date. The oldest claims come first. The homeless, the 20.900(c ) hardships etc. VACOLS knows your place in line. Since you c-file lies in the records room until actually being worked, any potential delay might occur if it were being actively prosecuted. Again, they are not permitted to put you at the bottom of the pile. That would be grounds for a Writ. If his claim has been digitized at one of the 18 VAROs who are using VBMS, it would only take five minutes to run a copy of the .pdf. A lot of ifs. I merely touched on the legal aspect of extricating a c-file from a recalcitrant RO. I do not suggest one particular choice over another for the gentleman. I merely inform.

Clear prop!

Edited September 30, 2013 by asknod

[63SIERRA]

I requested a copy of my C-FILE by jut writing a handwritten letter asking for the copy of my c-file I was entitled to by law, I got the file abt 2 weeks later. I am finding thing that are VERY helpful to my case, such as exit physical where they have the copy of the front of the page, but not the back of the page that states my ongoing back condition.(how convienent). Also, ALOT of other things that would help my case were not in the c-file. Like they omitted it. SO i sent a copy of everything that wasnt in the c=file, to my DAV rep, to give to them, and have it time and date stamped, so they cant say they dont have it now.

Heres the deal, if you are worried abt upsetting the RO and getting screwed, it wont make a diff. you are already getting screwed. Being nice wont help you. Educating yourself, and being peristant will help you,. Evidence will get you your rating, not thier grace. Once they see that you are educating yourself, and submitting convincing evidence, then they will realize, that the gig is up, and they will either have to approve your claim, or wrongfully deny it with evidence in place. If you have the evidence, do anything you can to help yourself.

Heres the deal with congressional inquiries. (I had one). The congressmans asistant, request a report of the status of your case. A liason pulls your file, bs gets spewed, and the liason will then report to the congressman assistant around every 30 day. It will not speed up your case, or help u get a favorable descision. What it will do though will keep your claim from going into never neverland, and getting forgot abt for 5 years. So if its been a long time, (18 months was when I dropped the dime), then get the help of your congressman.

From what im seeing, the RO will use your timidness, ignorance, and trust .AGAINST you. Only When you start acting in a more business like manner, and stand up for yourself, questioning everything and calling BS on them when they screw up, you will start making progress. As long as you sit like a dog and let them throw you snaps, they will.

Edited September 30, 2013 by 63SIERRA

[63SIERRA]

Heres something else to consider. I believe there is a pattern taking place that goes along with my particular situation. Alot Of soldiers who filed claims upon exiting the service, get wrongfully denied. Most people really just want to get on with thier lives, and dont fight for thier claim. Young and dumb, happy go lucky, lets paint the town and jump over the moon. Then lots of years go by, the accident and ilnesses in which we were affected by, start to cause pain, and disability. So now, a more wise, and mature person is looking at the calims which we were denied, knowing that we got robbed. It caused great resentment, and a feeling of being taken advantage of, at a young age. THEN the raters buckle down, and keep denying, because they know, the law is on the veterans side, and CUE CLAIMS are being won quite often, yet they continue to deny. Just keep kicking the can down the road, hoping you will give up.

So that puts you in a situation , where you basically have two options. will you give up. or will you fight? im never going to give up until I get what is right. .. never.

Edited October 3, 2013 by 63SIERRA

[free_spirit_etc]

"And if TC has another Vet's records mixed in with his, he needs to have them expunged and a de novo adjudication free of the taint of contamination."

So if you have other vets records in your C-file can you ask that everything be readjudicated? Or do you just mean that the records need to be removed before another decision is made?

[FormerMember]

Anytime your c-file contains the records of another Vet, any claims decisions with the records in place are tainted. Raters have been known to confuse the evidence and deny based on the other Vet's records. The Court has held that in these cases, the repair order is to remand for a decontamination and a new (de novo) readjudication at the RO that does not take into account the tainted evidence. With that said, getting the VA to comply without an appeal to the Court is almost impossible. Cushman v. Shinseki is a good example. VA "modified" his nexus letter and then said they took it out. He lost again and got his c-file and there was the letter, right in place next to the one that had been corrected to erase the addition. The BVA didn't seem to think it was a big problem. The Court did. Phil won. Here's the Fed. Circus decision http://asknod.wordpress.com/2012/02/03/fed-cir-cushman-v-shinseki/