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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Cope3

Comp. Claim & C-File

Question

I've been reviewing a lot of posts on here advising what to do while waiting for a Comp. Claim to be decided. One thing I noticed was that it's recommended to get your C-File. Which is good to hear because I put in for that first. The weird thing is the time tables though. According to eBennies,I put in my Privacy Act Request 10/14/15 and the estimated completion date is 10/24/16 - 6/20/17!! Whereas, the Comp. Claim was entered 12/22/15, was changed from "Under Review" to "Gathering of Evidence" today with estimated completion date of 5/19/15 - 9/23/15!

Definitely, not complaining about my Comp. Claim moving along quicker than expected! What I don't understand though, why is the Privacy Act Request going to take 1 - 1.5 years, compared to, the up to 9 months for the Comp. Claim? How can they decide Compensation quicker than sending me my C-File?! WTF?

If anyone has any information to add some clarity to this concern; it'd greatly be appreciated! Thanks

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Cuz that's how they roll!  Nothing makes any sense at all. 

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A lot of the angst for C File is appeals.  For a new claim, without much history, you really don't need it unless you get a denial.  After your claim closes, you would be better off getting the file, so its complete and you can document exactly what they did on your claim.

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Just remember, depending on where your claim is in the process, and FOIA request for the c-file can add time to a claim. Agreed with pwrslm, you really don't need a c-file until either you are getting ready for an appeal or your claim closes. 

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Your situation sounds very similar to my dad's claim. Submitted 12/16/15 same dates as you for completion. Do you mind me asking, did you submit a FDC?  Also, did you hit "Request a Decision" button on ebennies?

 

 

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  • Similar Content

    • By J McB
      Ok, so I started requesting copies of my c-file in 2013 or 2014 after filing to re-open my 1993 claim in August 2013.  My repeated requests went unanswered, and I ended up having to make a Congressional Inquiry through Senator's office to get a copy.... and now I request a copy every time the VA makes a decision (via Congressional inquiry).
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    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


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      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

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      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

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      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

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    • Precedent Setting CAVC cases cited in the M21-1
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      M21-1 Precedent setting decisions .docx
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