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Preparation For Decision

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Markay2k

Question

I hope I posted this in the right area……..Ok so I see in E Benefits that my claim went from gathering evidence to Preparation For Decision.  The C&P was done.  I now know that I should have requested my C file before.  However I did not.  Should I ask for a copy now or wait until the decision is made?  Also what is this I read about two C files one at BVA and the other somewhere else.  Please explain this to me and please advise on wait or request it now?

 

Thank You!

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Agree with Navy 04 about it taking a while, I requested my C-File last December, although the VA will acknowledge receipt of my request, I'm still waiting.  I'm in the middle of having my secondaries decided so maybe it's best that they wait at this point.  In many cases your C-file may not be in the state you reside.  Mine is in another state.

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To wait or not to wait, to file your FOIA request for your C-File, that is the question.  Your currently awaiting a SC Claims decision, I'd say file Now. Requesting your C-File will have no bearing on the outcome of the awaited decision. Whatever is in your C-File as of the date of the Decision is considered Evidence of Record.

It took me about 14 months to receive my C-File early Jan 2014. No idea how long it's taking now and or wether it's hard copy or CD. Would have been much easier reviewing a CD than going through 10 in of files.

If you get Denied, your going to need to see what the VA Rater had to work with. Certainly wouldn't be the 1st time a Vet found Evidence to be missing or should we say, misplaced.

Think "New & Material Evidence." absolutely a must in order to prevail at a DRO Review or Hearing. Any evidence not currently in your C-File would be classified as N & M Evidence. The submission of which, would cause the VA Automatic review of your Denial by a Sr  Rater or actual DRO.

Semper Fi

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I would wait with "their" new any new claim while a old claim is being worked is a old claim crap is going on.

Who knows what they are working with in your case, i.e., a paper file, cd, online records, etc.

Mine took 3 months to get.  And when I got it, it was all jacked up.  No order or rhlyme or reason.  I really dont know how they can find anything in there unless they go page by page everytime.

Maybe the new cd form is broke out in specific area folders.  Oh, wait, that makes too much sense.

Again, I would wait.

Hamslice

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