Reviewing C-File

[pacmanx1]

It never dawned on me when I went to a C & P exam that more then one of my C & P examiners told me to take care of myself and if I needed anything to return to the VA. In reviewing my C- File that I received I notice a lot of my records are out of order. When I went to a few of my C & P exams the examiners told me that it would take them some time to review my C-File and then showed me a cart that had a bunch of C-Files on it.

When I finally received my C -File from VA it was a case of records that I could not even pick up. I had to slide the box in my house. It was so many documents I did not even know where to begin so I left it alone. A few weeks after I received a CD copy of my C-File from my attorney and it was well over 3000 pages. I recently noticed that my treatment records are out of order. I was told once that I had multiple volumes that made up my C-File but if these records were in different volumes when my claim was rated and the rater did not go through my entire records then they could have definitely miss some pertinent evidence.

It is very important for veterans to get a copy of their C-File and go through it very carefully. I found evidence that VA said I never had and it was in my file all the time. I am currently going through an appeal that been going on for over a decade and I am trying to get a correct effective date. I wish I had all these records years ago, I would be in a better place. Now I have to fight for an EED/Percentage. I hope this post will help some veterans and encourage them to get a copy of their C-File and go through it page by page.

Hope the best.

Edited April 29, 2015 by pacmanx1

[rootbeer22]

pete992

Understand...I agree with the "Human Factor" contention but it should be the exception rather than the rule? However, it just seems wrong that Vets have to wait years and years to get something that they deserved originally? There's got to be a better way to improve the system for the long haul? VBMS is supposed to work to digitise Vets records which would take care of some of this records loss..but...it's a long way off from being the answer from what I've read in the OIG Reports. Like in my case, I later found out that there was an unwritted records SOP at the CBOC clinic to deal with records like mine that showed up during a CP exam, but was told that local personnel shortage issues created a situation in which the SOP was not followed anyway? Interestingly, when the Doc asked if I wanted to add some of my SMR records into my official claim, that seemed just too easy and simple to acutally work? Frankly, at the end of the day, if the evidence is not there (for whatever reasons), it really does not matter much if the Vet has a piece of paper saying that it was sent or arrived in the first place...because the system can just say, "sorry, there's not suffcient evidence to support your claim...denied!" But I'm learning that a Vet has to just buckle up and into the "rollcoaster" ride and just never, ever give up...otherwise...the Vet loses... I still contend a lot of the process is the "luck of the Draw" anyway...

Edited April 30, 2015 by rootbeer22

[WVSERVER]

My records are digitized and have been since day one my Doc even log onto a DOD site to se my AF records. I was told by my RO that they can even do a word search when your records are digitized I used this information to stat there were not doing there job correctly when they falsely denied 4 contentions from my originally claim stating there were no complaints of theses contentions located in my STR. I knew they were there as I was med boarded for them. It took me so long to get my C-file I missed my one year mark but my RO still did the right thing and gave me my original date of claim. Once I got them to listen to me that they made a mistake that the records were in there possession that proved service connection when the denials were made it took another 2 years to fix. That's four years to completely finish my initial claim in one of the better RO Huntington.

Also when I have C&P exam I get them at my local VAMC I have always asked the Docs to make a copy and attached to the folder going back to my RO none have ever turned me down and two walked me to the copy machine and attached them to the folder in front of me. Hell my first C&P doc thanked me for being so thoughtful as to bring him records as the RO did not send mine. I have found that it is luck of the draw.

[rootbeer22]

WVSERVER

Awesome for you and you help to prove my theory of the "Luck of the Draw". Also, I have also come across some very nice and helpful Docs in my efforts to get my claim completed. I think some of it is about being polite and diplomatic and most folks are really just trying to do a great job and they do care. However, there are exceptions to every rule and I've seen it both ways in my experience over the last 2 years in this process. I think so much of this is about knowledge and educating one's self about the overall process and corretly applying the rules of evidence. Also, it's important not to personalise some of the things that happen to us along the way? I was so disappointed with the lack of accuracy of my first exam that it made me question the entire system? But then, later, I was able to take the same exam again with an accurate outcome..which renewed my faith a bit. Mostly, I guess I was not disappointed by the overall advarserial nature of the entire process...but later came to the realization that that's the inherent nature of an evidence based process anyway...Frankly, I've heard of Vietnam Vets that spent 20 years trying to prove they were in fact in Vietnam, despite the fact that their services records clearly stated it the entire time of their appeals...but without solid proof and a rater confirming it's existance...it does not matter what anyone's opinion is...But, all most of us can do is to "keep the faith" and ride the "rollercoaster..out to the end...

Edited April 30, 2015 by rootbeer22

[Buck52]

Any one know what happens if a veteran can't see or get copies of his C'file within a year of his NOD?

how would he know what to say in his claim? or DRO Hearing or BVA???

......................Buck

[Guest]

Buck,

If you can't get a copy of your C-File before your DRO Hearing the only thing I would suggest is that you make an appointment to view your C-File one day before you Hearing and spend the night over to keep your DRO appointment. Keep in mind that VA will not let you add anything or take anything out of your C-File at that time. If you need to add something you will have to give it to the DRO Hearing Officer.

If you can't go a day early, go a few hours early to be sure you get the time to view your C-File with your attorney/VSO. Make sure you fully understand the SOC or SSOC and what VA needs to grant your claim or increase. With my lack of concentration and my medication I read my decision several times and maybe several days before to make sure I understand what they are asking for and before I send in my response. You want to make sure you have a clear head and not be pissed or upset before you respond.

[Gastone]

Took me 13 or so months to get my C-file and never did get the requested opportunity to view the file before it was copied. I hand delivered both FOIA requests to the Detroit RO. Ended up getting the 8in stack about 3 months before my DRO Hearing notification arrived. The file was copied only up to the date of the FOIA filling. There were 2 pages of another Vet's file included in the back of mine. How often do you think that happens?

I don't think we can rely on the VA Rater to have all the important evidence in front of him just because we're sure it's in our file, maybe not. Might be prudent to scan and attach all New & Old material evidence to each New Claim. Why take the chance of an FDC getting busted to a Reg AXX Claim?

Semper Fi

Gastone