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!?)

[FormerMember]

Vern 2-- here's the link to the post on c-files.http://asknod.wordpress.com/2013/09/30/getting-your-c-file/

Best of luck on KATN.

Clear Prop

[blazer1996]

I agree free_spirit, dead is the ultimate disability. A big part of my case was a "near death" experience in May of last year. It not only damn near killed me, but it exacerbated my condition to the point where my claim became a no-brainer. And, it still took more than a year to get a decision.

[vern2]

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.

YEAH and my Congressman is Jeff Miller, who is chairman of the VA committee. He does not get along very well with VA, is wise to many of their self serving tactics. I am saving this as last resort. I did as ASKNOD suggested and sent today a certified letter to VA OGC for FOIA copy of my C-File. I sent original request to St. Pete back on 27 July 2013, should have responded in 20 days, but they are treating my request as a "claim" and state can not tell me when they will respond!

[TiredCoastie]

They'll treat my request for my C-file as a claim!? What kind of nonsense is that!?

Thanks, NOD, for setting the standard in how to address this issue.

[71M10]

That is the type of nonsense that allows you to scream from the mountain top how many claims you actually processed last year. That is the type of nonsense that allows you to look good on paper for that BONUS!!

[JT24usn]

The reason it's being treated as acclaim is to track it, and so you can see it in ebennies. It doesn't count toward an employee for production. So won't be a bonus for this claim. It's called a non rating EP. Meaning just for tracking only. Rest assured no bonus for this one.