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

 

[Carl the Engineer]

I was unimpressed when I recieved my paper copy of my c-file a couple years ago.  I had everything that was in it.  And it had a lot of duplicate info in it.  I believe in my case they just put new stuff in it on top of old stuff, no order at all.  Maybe my VA is different, but my folder looked like a pile of papers just stacked as they came in, etc.  I dont think anyone has every went into it to look for anything, and I think they use something else to dresearch my claim(s).  Just my thought.

I however, have found VA docs on me in my CVSO file and the court house that are not in my c-file, and the only way they got there was from the VA, so ???.

And again, I have never seen any docs from my rep, VFW, anywhere..

But I'm slowly winning,

Hamslice

[ArNG11]

This is just a suggestion on the format of an electronic copy of your service medical records. If I may, I would recommend PDF format, JPEG is not all bad though, but as far as locating, reading, downloading, uploading, goes PDF plays nicer with most computer systems, like Windows, Mac OS, Linux, ect.,  I personally like  PDF format because it is mostly universally accepted.  JPEG, BMP, TIFF, will translate to larger file sizes and runs a chance of not being able to be sent via e-mail or downloadable to say the notorious eBenefits upload feature.

Plus I do like the security features that PDF provides. A biggie is not being editable unless an open permission is attached to the format.  JMO.

[Chuck75]

On 1/8/2016 at 9:52 AM, Gastone said:

The only problem with filing the FOIA request for a complete copy of your C-File is, you'll be about 14+ months older, when it finally arrives, That is, based on my personal experience, receipt of my File 01/14 from a FOIA hand delivered filing 09/2012.

As to any VA employee or clinician at your RO or VMC telling you, you can or can't do or have some sort of VA service, including a personal viewing of your C-File. NEVER accept the VA employee's initial response to your requst as the last word. If dissatisfied with the response, immediately ask for  Copy of the VA Regulation and a face to face with their Supervisor.

I've personally spoken to (3) different VA employees within the last 2 weeks regarding the viewing of my C-File. All have stated it's done on a 1st come,1st serve basis M-F 8am-4PM, no appointment necessary.

I was planning on doing mine but just this past Sunday, E-Ben indicated the VA had  increased me to 100% Scheduler  with SMC (S-1) effective 08/15; from 90%IU T & P (06/14 Award). Now I really don't have a reason to spend the day at the RO. Will just file the FOIA Request for 09/12 period to date, of the C-File.

The LOUD Squeaky Wheel, gets the GREASE, right. Never accept the Bum's Rush.

Semper Fi

"Now I really don't have a reason to spend the day at the RO."

If the VA granted what you applied for, you are correct. If they didn't, well - - -

[pwrslm]

I found this, it was asknod who wrote it, so he gets the credit here;

http://asknod.org/2015/08/30/vbms-the-new-electronic-frontier-part-i/

 

Go down to "HOW TO MEET AND TALK TO YOUR VA RATER AFTER A DENIAL" about 3-4 pages down.

[rwskitch]

...I can relate with your experience when you received your C-File copy, Hamslice, if only Adobe Acrobat 11 was around back when I submitted my evidence, with some words/sentences 'highlighted' in various colors, then after the VA  copied them over to digital, the VA apparently used the B/W scanning option because every color except yellow appears to be 'redacted' words, the words that were important and the ones that I wanted the reviewer to pay particular attention to, bummer...

... I agree w/ArNG11 about choosing 'PDF' over jpeg and w/some PDF apps, particularly 'Acrobat 11,' one can 'highlight' the important data for stand out recognition and one should not have the 'redacted' end result I had years ago, 9-10, when I was so naive...!

...Thanks for the link, pwrslm, it is another excellent 'Asknod' article which I enjoyed reading and learning some important strategies from Asknod.  I was one born before 1990, quote Asknod, 'If you were born after 1990, this all works out fine. Medical records were in typed format by then. Everyone born before undoubtedly has written stuff somewhere and that will never be reviewed by the new Dick Tracys of the 21st Century. You have to be proactive and get them into submittable format or lose them as evidence.' Now to figure out how to get all those hand written VA scribbled, undecipherable reports into that 'submittable format that Asknod mentioned...!'

The 'Had it.com' site is definitely a 'honey pot' of valuable information for us Vets, thank you everyone for sharing your knowledge, God Bless us all...!

[broncovet]

Firemouth:

You posted,  ...." 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. "....

   With that amount of persistance, there is no doubt in my mind you will win.  Most of the time Vets lose is when they give up.  (Gee, I wish you were my VSO.)  

   On this subject, I became aware that a baby, to learn to walk, must first fall down about 10,000 times.  Its a good thing their bones are soft and they dont have far to fall.  I think the last 2 times I fell I broke or injured something.    If I had to learn to walk now, I would probably give up after 10 times of falling down or less.   Few things worthwhile are ever easy.