Using records in C-file as evidence

[Al10679]

I have a lot of evidence in my C-file to use toward my claim.  When submitting my claim should I "refer" to it, or make copies and submit with the claim.  I want to ensure they read it.   Thank you!

[brokensoldier244th]

I usually print out the relevant parts, highlight within it, then reference it in my claim request, and if there is a LOT of it, on a front coversheet just so the reader knows at a glance what they are getting into. 

 

 

[Al10679]

Thanks Brokensoldier!  Do you add something like "can also be found in Cfile"?

 

[brokensoldier244th]

See attached as an example of a NOD I did in 2010. I eventually won it. 

NODNoticeofDisagreementSanitized.pdf

[Al10679]

Thank you very much!  It is a big help to see how you wrote it.

[brokensoldier244th]

that was an earlier workup, too. Ultimately, I would have done it a bit cleaner and not used the footnoting at the end, but later claims used a more streamlined look. I don't have a copy of one of those off hand, though. You see the basics. I scanned relevant things, pasted them into the document as needed, and then just referenced them throughout as necessary. I think that one was less than 15 pages overall with scanned enclosures. 

 

One thing I have found to be a real help is "CamScanner" (paid or free version). Its a smartphone based scanner app that I have used for years, and its as good as a scanner, especially if you don't have one, or don't want to buy one specifically for this. Its also handy for receipts and other things since it saves right to your phone and you can email it to yourself later and print it out. 

[broncovet]

Excellent question!!!!!!

    Best is for you to get a copy of your cfile and then see what's there.  The problem with that is that VA can delay doing this for a year or more, and its too late to appeal.  Its interesting that VA can take their sweet time at everything, but if the Veteran misses the deadline to appeal by one day, its thrown out.  Is this a non adversarial claimant friendly system?  

   If you dont have time to get your file before appeal deadline, then you have to wing it.  The good news is if its not in your claim file, you can appeal with 3.156 and get an earlier date.  The bad news is it will delay your claim many years.  

    Look at your decision, on the "evidence" section.  Does it mention this favorable evidence?  Did the decision give a reasons and bases as to why your favorable evidence was rejected?  If not, assume they "lost" it, and send it in.