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Will C-Foia Request Delay Claim Processing?


rootbeer22
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Question

Folks:

I always appreciated the fine advice that I've been given on this Hadit.com Board. There are a lot of very smart Vets and Spouses that continue to provide excellent advice here. Anyway, last August/2014 after getting some of that advice, I decided to request a copy my C-File because I've heard the numerous stories of missing evidence that has caused denials and subsequent long appeals. So, it been a long battle and I finally received a letter that I could drop by the Regional Office and review my C-file in person? Anyway, today I dropped by to see my VSO to ask why after 6 months my case is still under "review" only and she "scolded" me for submitting a C-File FOIA request without her? She said, by requesting my C-File, that the entire claims process stops for me until they get around to copying the file and sending to me? She said it adds at least 6 months to the process and I filed an FDC with all evidence. She said it best to get the file after your case is decided? So, I said, I thought with the new VBMS that all disability claims files where automatically being digitised anyway so it should be relatively easy to get a copy? Now, all new disability claims files "hard copy" are sent to 2 locations around the U.S. for processing/digitising and the RO's no longer do this function? Frankly, I was a little surprised that she had no idea of what VBMS was and I think her informaiton may be very dated? So far, I have not been very impressed with any of the VSO's that I've seen. It's no presonal, I just don't have much confidence in what they are saying/doing thus far?

Anyway, does anyone have any experience that their claims have been delayed significantly simply by requesting a copy of their C-Files?

Edited by rootbeer22
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I cannot speak for others, but I was informed by the manger at my state VSO office that if you send anything, even a request for something to your C-file the RO will use that to move your file back into the regular claims. He said he had several vets who had filed a FDC and later decided they wanted to add something and when it was sent in, they no longer had a FDC. I did not file an FDC but he said it hold true for those claims also. You will be pushed back in line if you attempt to change anything. It gives the RO a new date to work from and helps them show they are reducing the backlog.

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Prospector:

Thanks and if it's true, it's very disheartening, I don't understand the logic of this because I have not added anything to the actual claim? I have not added any documentation or records that would have to be reviewed -they have them all anyway. The impression that I was given if I provided a new document -that that was the only way it could be shifted to a reguler claim? As a matter of fact, I turned in 14 DBQ's to speed along the process in the first place. Alot of people are advising to get a copy of their c-files across the board. I originally asked for an RO in person review...and heard nothing back for months...so I requested an "electronic" version of my C-File to ensure everything that I provded was actually in the file? At this point, it does not appear like it's going to change anyway and I wish I had gotten better advice...so, even it I cancelled it,,,under their logic...it would not matter..they are gaming their own system....

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Folks:

Should I formally Cancel the C-File FOIA all-together so it does not hold up anything any longer?

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First there is no logic in the way the people at VA think.

Keep in mind that your file can not be in two places at one time.

Once at the rating board it stays there until it is rated or something happens.

If you requested a copy of your C-File it will leave the rating board to be copied. It really does not matter if it goes to be be copied electronically or by hard copied, it must be processed in a different department and maybe even a different VA office.

Since you requested a copy in August 2014, it is most likely too late to cancel the request in time.

Sorry for the bad news.

Edited by pete992
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When the VA Sends a veteran anything a copy is or should be placed in your C-FILE..&..sometimes things you never knew about is placed in the C-File ,

but if you have claim pending for decision I think it will slow your claim down I'm not sure?

I Request to see my C-File when this happens if its something I think I should know about

but they watch you like a hawk nothing is put in it and nothing is taken out of it.

I try to have my own personal c-file I look at mine at the RO and come home and look at mine see what the difference is .

I had always thought when the VA goes into a veterans C-File they contact the Veteran or send him what there putting in it but this is not true!

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