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    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
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    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
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chief5631

How to get C-file

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Does any one know if a c-file can be requested from ebenefits or another website or do we have to actually go to the VA to obtain?

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I did a walk-in at my RO back in 12. lady at the desk had me fill out a Statement in Support of Claim indicating a FOIA request for both my complete C-File and VA Vocational Rehab File. I also stated that I was requesting an appointment to VIEW my C-File, on the Form.

Received the 9 in C-File 01/14, never contacted by VA as to an appointment for Viewing the File.

What does your VSO-Rep say is the best way? I don't think QUICK is an option.

Semper Fi

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wow, seems like it should always be available on ebenefits etc.  I guess I'll start the process of getting it

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FYI, I'm still waiting on mine and requested it in Nov of 2014.

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On ‎2‎/‎25‎/‎2016 at 9:06 AM, green said:

FYI, I'm still waiting on mine and requested it in Nov of 2014.

Green,

Are you still waiting on your C-File? I put in mine in November on 2015 and I have an estimated data somewhere in 2018.

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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).
      Here's what I've figured out and what I'm not sure how to deal with, and a question about c-file contents.
      1. I have, I think, 4 or 5 CD's of my c-file.  I received the first Spring of 2015! 😡.  The problem is that documents that were in the c-file CD that I received in 2015 aren't in the one I received in April (2019)... Documents that were in my c-file CD from last summer (2018) aren't in the one I received in April (2019)...
      Anyone have an explanation for that?
      2. Alternatively, I cannot figure out why Congressional Inquiries correspondence that was made while I was still active and the 4 years after aren't in my USAF/VA?  🤔...
      Yes!, (and again to the dismay of the VA) I do have hard copies of that Congressional Inquiry correspondence...
      Granted, as one of my previous "Question to the Elders" noted, I have had to find friends and my ex to write letters attesting to my filing a claim and seeing a VA doctor in 1993 because the VA has lost the files, so it doesn't surprise me that the VA sucks at filing documents in c-files.  However, in the April 2019 copy I received, I noticed they seem to have "piecemealed" what letters/correspondence from the Senator's office, who is my intermediary for the VA, is copied into my c-file...
      Anyone have an explanation/solution for that?  Granted I have all the correspondence to/from the Senator's office and the VA, but it makes me wonder what they've sent to the BVA...
      3.  Is there an option for me  to view what is on VBMS?  I ask this question because the c-file I received summer 2017 included a "Rating Decision" page which I never received from the VA and at the bottom of the page I noticed a note that read, "VSR: Please see the deferred issue in VBMS as to the "appeal" noted on the VA Form 21-4138 (dated August 1, 2016) with attachments and tabbed in VBMS documents. Veteran notes the appeal regards "an earlier effective date as to the service connected conditions." The Veteran's "appeal" received on August 2, 2016, should be addressed by the Appeals team."
      There was no appeal filed at that time.  The Form 21-4138 they reference makes clear the documentation I was submitting was being submitted in support of my 2016 claim, which the VA closed.  I have since requested the VA correct their error and attach the document to my NOD, and now to BVA appeal.
      But this makes me wonder what other *&^% ups they've made that I can't see in VBMS?  I went to the D.C. VARO office last week and the dude who is working at the front desk said I can't access/view VBMS...
      No, I do not have a VSO... haven't had a good experience...they don't seem to have read 38CFR, know or keep up on case law, and only seem to know 'surface' information... (i.e. File such and such on this form).
      Thoughts?
       
      J McB
       
       
       
       
    • By RBrogen
      Curious if anyone here has gone through the FOIA and had to ultimately sue the VA in Federal District Court to force them to provide their C-File in a more timely manner?  FOIA's are required to be fulfilled in 20 business days by law assuming no special circumstances.  Obviously the VA isn't going to respond to anything in 20 days but when it goes on for 6 months or longer that is ridiculous and slows our ability to address claim denials/issues quickly.  I just filed a FOIA appeal and was sent a letter from the Office of General Counsel, Veterans Administration that my FOIA request was DENIED under FOIA Exemption 6 but remanded to be provided via the Privacy Act.  The issue is that the Privacy Act process has no deadline so they can take as long as they want, while the FOIA actually has deadlines and a process for relief when they don't do what they are supposed to.  From my understanding, this is a tact the VA uses to confuse people into thinking it is a Privacy Act request and not a FOIA request.
      Any thoughts would be greatly appreciated.
       
    • By GeekySquid
      Here is an odd question about the C-file.
      Is EVERYTHING done by the VAMC supposed to end up in your C-file?
      I do mean everything.
      The reason I ask, is that in other posts here I have mentioned missing records from the VAMC New Orleans.
      When I saw my new VA Primary Care Doc for the first time, she asked tons of questions, which was great.
      In answer to one of them I mentioned that the VAMC New Orleans lost a bunch of my records and I was pissed about it.
      She had her unit's Social Worker call me to offer assistance on the issue.
      It turns out there is something called the Joint Legacy Viewer, which is an application that has insight into every medical record the VA has on you no matter what system it is in. Apparently there are several different systems your records could be in depending on location and year you were seen.
      When I went yesterday for a follow up on my foot surgery, I went to the Social Workers office and in a couple minutes he pulled up a set of treatment notes about the VNG I had for my vertigo back in 2013 that VAMC New Orleans says is "lost".
      Those notes are not in my c-file.
      So I am curios if anyone knows if some files are not put in the c-file. These notes I found don't follow the typical format that VAMC uses and happens to list the Procedure Codes associated with each treatment or test done. For example for the Vertigo they list procedures 92540 through 92547 as being done and the results appended elsewhere.
      i am going to make an appointment to spend a day searching those files, but I also want to get all of them so I need to figure out that path
       
       
    • By GeekySquid
      Okay so my C-file arrived, and did so amazingly  fast. Less than two months, not bad time.
      Going through all the files and sorting them but one of the first things I need to get together is the claim on OSA.
      I know the rules have changed about OSA ratings and now the med file must have a doctors saying specifically OSA is a medical condition
      From the MR21-1MR
      “When determining whether the 50-percent criteria are met, the key consideration is whether use of a qualifying breathing assistance device is required by the severity of the sleep apnea.”
      “Use absent a medical determination that the device is necessary does not qualify.  The regulation requires that the device be necessary and this is a medical question.” 
      So here is my situation.
      On 07/07/2013 I had my initial PTSD C&P which noted serious sleep problems, chronic fatigue, hypersomulance but it did NOT mention the SLEEP STUDY diagnosis given on 4/13/13
      At that time the simple issuance of a CPAP was considered sufficient to getting a 50% rating for OSA, but as the change listed above notes that is not the case now.
      I have already filed a claim for OSA secondary to my PTSD. I did this before my Review C&P for PTSD exam, which resulted in getting bumped to 100% PTSD P&T.
      With the change in MR21, I suspect they may disapprove the OSA claim.
      If they do, would my path be to file a CUE because the record showed the apnea existed and a cpap was issued when they rated me for PTSD.  The retro pay would be awesome!
      That would seem to be an error on their part and under the old standard I would have gotten a 50% rating for OSA as well as my 70% for PTSD and 10% for Tinnitus. The 70+50+10 calculation is 87 which rounds up to 90 for pay purposes and getting that retro 20% difference for 60+ months would be a nice holiday or new years present to me 🙂
      In the alternative, would I submit a NOD with the same information?
      or would I have to get a DOC to say that the CPA was medically necessary and would that mean I needed another Sleep Study?
      Thanks in advance. I am just trying to get things ready for whenever they make a determination on the existing claim.
    • By JeanBean217
      I have a couple more questions I hope someone can help me with.  This post concerns C-file copies.  I'll make other posts on the other questions.
      1.  I obtained a copy of my C-file after my initial award of 60% disability.  Is it possible to obtain copies of the appeals and changes since that initial award, without having to request the entire C-file?
      2.  Since I have never had a copy of this part of the file, will I be charged money for the copies of the new pages?
      Thanks in advance.
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    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Like
      • 3 replies
    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
    • If HadIt.com has helped you or you believe in it’s mission then please donate even $1 helps. I hope HadIt.com has provided $1’s worth of help to you. Imagine waking up and there is no HadIt.com it could happen and that is why I’m asking for your help now.



       



      Our traffic is going up and so are our expenses, however revenues have gone down and so I am reaching out to you to see if you can help me keep Hadit.com up and running.
      • 4 replies
    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
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