C-File Viewing Request Denied by WACO VARO

[firemoth]

Hello All, 

 Not entirely sure where to begin, but I'll try to summarize it as best I can.

MEB Discharged from USAF (Minot,ND ) Dec. 2007 for Degenerative Disc Disease - Rated 20% (They did not evaluate my hearing loss, or broken wrist and ankle as part of the MEB Discharge, or my broken/missing dentures).

Filed my VA Claim with the Fargo VA Rep during my TAMP Briefing on Nov. 19th 2007. (The big packet of paperwork).

Received call from Fargo VAMC for my C&PE in Jan 2008, I indicated that had returned to my HOR of Dallas, Tx, they informed me to check with the Dallas VAMC in 45 days to ensure my claim/information was transferred. Called 47 days later, no evidence that I had any claim in progress at Dallas OR Fargo. I then filed another claim with the Hood County VA Rep, and total of 6 more claims from 2008 to 2015. As of 6/30/2015, my FDC started in 2014 has finally been acknowledged, but has been waiting for information FROM The DVAMC since August, even though I've never received any treatment from the DVAMC.  (The drama for the other claims is for another story.)

My VSO is the Texas Veterans Commission. I spoke to them in December, and Today, about my claim and they said it was weird, and that they were sending an email to the DVAMC for clarification. (Also, in Nov 2015 I received a letter stating that my claim was kicked out of the FDC program for said missing information, but after speaking to my VSO, it's now back in FDC.) During my December phone calls to the 1-800 #, the WACO VARO and TVC office, I asked to make an appointment to see my paper c-file in person, these are their answers: 

1)The TVC VSO said she had never heard of a vet being able to look at their actual c-file in person, but she checked and confirmed that I DO have a paper file at the Waco VARO, and that it is 2-3 volumes thick) (My medical records are 736 pages alone.)

2)The WACO VARO Records Department Rep stated that they do not make appointments for vets to view their c-file, and that they do not allow viewings. They just indicated that I would have to file a FOIA request.

3)The 1-800 Rep stated I could view it by just going to the WACO VARO and going to the Records Dept, and wait in line. 

The only real reason I WANT to see my C-File is because of that initial 2007 claim. On Nov. 29, 2007 (10 days after my claim), my digital C-File states that a Service Treatment Request was submitted by the Fargo VAMC, as well as a "VA Memo" that was appended to the STR, but the contents of the Memo were not available.  I'm very concerned that if I DID a FOIA request, they would only send me the incomplete C-File everyone is looking at, as I find it hard to believe that my 3 Volume C-File does not contain any evidence of my previous claims. I'm also concerned that all my claims were also lost during the "Shreddergate" scandal of 2008-2009.

My question is then: Is it actually possible to view my original c-file, in person, at the VARO? And if so, HOW do I word it to someone so that they understand. I will gladly drive the 3 hours to Waco just to get confirmation, but I also don't want to waste my time and gas if it's a lost cause.  

Thank you for reading this far, I omitted a lot of details, but I hope it was enough information.

Sincerely,

Christopher

 

[broncovet]

Its a great question, Buck, that maybe Berta can answer.  "Is it CUE when the RO (or BVA) looks in your file and says, "Nope, no evidence of an in service event"....when its right there in front of them and they did not read it?  

I think the answer is the affirmative.  CUE at the Board or RO level covers "factual" errors, that are undisputable.   Under Bell vs Derwinski, the VA has "constructive receipt" of evidence in the file, even if they never read or considered it.  In other words, if you had a VAMC exam, and the doc opined, "The Veteran is unable to maintain substantial gainful employment due to his service connected PTSD"...and the VA said there was no evidence in the file that said the Veteran was unable to maintain SGE, then that would be an error of fact.  For it to rise to the Cue level, it would need to be undebatable, it would need to be based upon facts at the time, and it would have to be outcome determinative.  

[HorizontalMike]

1 hour ago, broncovet said:

Its a great question, Buck, that maybe Berta can answer.  "Is it CUE when the RO (or BVA) looks in your file and says, "Nope, no evidence of an in service event"....when its right there in front of them and they did not read it?  

I think the answer is the affirmative.  CUE at the Board or RO level covers "factual" errors, that are undisputable.   Under Bell vs Derwinski, the VA has "constructive receipt" of evidence in the file, even if they never read or considered it.  In other words, if you had a VAMC exam, and the doc opined, "The Veteran is unable to maintain substantial gainful employment due to his service connected PTSD"...and the VA said there was no evidence in the file that said the Veteran was unable to maintain SGE, then that would be an error of fact.  For it to rise to the Cue level, it would need to be undebatable, it would need to be based upon facts at the time, and it would have to be outcome determinative.  

My problem is the complete and continuing cover-up about the "need" to give me a FULL Psych Eval.  Got 4-places in my STRs where the Psych repeatedly stated that there was NO NEED for a full psych "at this time", and that was even AFTER my ships CO requested a full psych in order to NOT be libel for treatment before discharge.  GD!, it is in their own handwriting!  Timeframe 1972-1976...

Is THIS a CUE, or not?  ...for negligence...

Edited January 8, 2016 by HorizontalMike

[rwskitch]

...I agree broncovet, I'd like to hear from Berta to the assist with your first question, for I too have had this  happen to me and it's the reason I have one of my claims sitting at the VARO waiting for a DRO hearing.

[firemoth]

UPDATE: Good lord, I don't know where to begin. Today, I spent 6 hours at the Waco VARO today, demanding to see my claims file after the VA CALL Center Rep informed me that my Physical/Paper C-File WAS at the Waco VARO last night.... After speaking to 13 people, (the first 12 had no CLUE where my paper file was), the 13th, amazingly enough located it...at one of the St. Louis, MO Records offices. 

But here's the rub. I have to file a FOIA request now to get my copy (which I did today), but they said they will only copy what is in the Paperless System onto a Disc, and NOT copy from my Paper File. No one is willing to send my physical paper C-File back to the Waco VARO so I can review it either. Stating that "everything that is in your file is now on line." When I was able to demonstrate to the VARO Rep today that obviously it wasn't. (I already have a copy of my digital c-file, but I also have every ORIGINAL Personnel File and Medical Record to compare it to, except my first 4 claims files that were kept by the VA Rep without a providing a receipt.) ... So, now I have to wait for them to complete my NEW FOIA request, then I have to file an Appeal/Dispute with the FOIA Request, then who knows what else.... My VARO Had my Paper C-File from 2009 until July 2015 (when I completed and submitted my FDC). Even though they repeatedly told me either, 1) We no longer have it, 2)We've NEVER had it, or 3)We do not allow for people to view it since moving to the paperless system. Then when I try to tell them, "Look, you're missing 5 years of documentation, but you constantly insist your version is the true and accurate representation of what exists. Refusing to accept the fact that your "vendor" or whoever agent in the VA could have actually screwed up and failed to correctly file/scan my documents." I mean seriously, if I was REALLY trying to screw the system by creating an elaborate hoax, would I spend literally Days worth of time on the phone, hundreds of dollars driving all over Texas, providing USAF Stamped/Signed documents, USPS Receipts, FAX Receipts, and countless other articles of proof to the contrary of your reality? How do you think it makes me feel to KNOW the truth, but to constantly be told I'm wrong, or imaging things. Simply stating "well it's not on my computer screen, therefore it MUST NOT EXIST" is not enough.... There has to be a legal way where the burden of proof should not have to solely rest on the shoulders of the Vet who does things correctly, but is sabotaged by the agency.  

I find it also had to believe that my digital C-File is actually accurate. For the simple fact that when viewing the PDFs and you open what should be a volume purely dedicated to my Cancer treatment records from 1988, you find random, unrelated pages dated 01NOV2007, 20DEC2004, etc etc. When you look at every file "in order" and compare it to the "identical" original documents that I have, it looks like someone dropped my 1000+ page C-File then just threw it back into the scanner. 

Seriously, this is so screwed up too. I'm not even covering every other inane thing that happened. So much incompetency has been perpetrated I'm really going crazy trying to keep everyone's conflicting information in check.  My TVC VSO's has been almost useless in giving me straight or correct answers. Like insisting that I MUST file a Notice of Disagreement just to have a "Reconsideration of Entitlements" performed, rather than the correct, and faster method of filing a 21-4138 (Per the VA Rep at least). 

I FIRMLY BELIEVE that if none of my missing files from 01NOV2007 to 03JAN2012 can be found, that they're either in someone else's folder, or they were shredded during Shreddergate.

There's only one shining light, my FDC claim is nearing completion, and is under review by the medical doctor for deciphering my medical charts into laymen's terms for the RO at the VARO. Anticipating 3-5 weeks for my rating. At which point I can finally hire an attorney. 

Sorry everyone for the length, I just wanted to get some things off my chest and vent. And to provide a thorough update. I would like to give a shout out to Terry Boles at the Waco VARO, for having the patience to deal with someone on the verge of losing his mind. He was fantastic, unlike his colleagues before him, who felt cold and apathetic before even talking to me.

Edited January 14, 2016 by firemoth

[HorizontalMike]

And guess what... The VARO will print out a paper copy to send you, even though you requested "digital".  They did that EXACT thing to me last year, 1,400pages worth!   And they STILL keep the hard copy originals out of view.  Took me ~13months to get my C-File.

Good luck!

[Vync]

On 1/8/2016 at 8:30 AM, pwrslm said:

if you do  get in to review your CFlile, take a smart phone w/you

the camera on the smart phone needs to be hi res, but you have the ability to document what is in the file, and if you have the time, you can get a full copy of the file on the phone, video JPG files are pretty easy to open and read...do it right and you can put them into a .pdf file format, which is the standard that the VA uses now...with those on your side, nobody will want to shred anything after you leave...

This is a great idea, but if you do this, be sure to make sure you have plenty of storage room available on your device.