VA now says claims needs Cfile

[mtmorical]

My VSO contacted me today when claim for temp 100 on SC TKR went back to gathering of evidence (WTH) he said my claim was ready to approve but that my original determination for the 10% increase was not in Cfile electronically and that Isacc who is a rater trainer is trying to expedite the request for the Cfile.

He also said once that is received it will be approved.

i read online that can 6months? Will it really take that long for the VA to obtain that?

i was original at 30% at discharge then downgraded to 0%, and like posted before the VA reviewed my records and determined me at 10% in 2014 without an exam or me requesting that at all!!! 

Will that be in my cfile?

 

thanks in advance for help

Edited April 6, 2016 by mtmorical

[mtmorical]

Not too concerned it was in error that they took me to 0, their paperwork stated as much.

[Buck52]

Navy4 life is right, but are you sure you hit the send button on your ITF?  

We can't always rely on the VSO. (my experince anywayz)

Be sure to ask your VSO for a copy of the First  filing of original  claim and keep it .

 Always keep  ALL correspondence from the VA Electronic or snail mail

you should have recieved a letter from VA letting you know they got your claim and what your EED is?

[green]

You can't assume that all records are contained within your C-File.  If they are looking for old medical records for instance they may have to go to the archive to get them.  It took the VA working my claim two tries and 15 weeks to get the medical records they wanted (1983 - 1993) from a VA medical center.

[mtmorical]

My ITF is dated 12/21/15 so good there! He's wanting a prior rating decision on my knee from what the recording says. I also looked at the historical claims there are things there I didn't file them so I'm assuming that is when there were issues with VA rates being dropped to 0 and they had to go back and review many those claims. Also, there is a degenerative arthritis rating schedule on the below table. Now I'm concerned I got increased to 10 on error but if you look at the description back in 2002 I fit the 10 def but they dropped me 0 and they back paid it to 2002?

 

 

[broncovet]

Mrmorical

    Thank you for the post, above.  Its helpful!  

    In regard to your effective date question, as ususal with VA there is no simple answer.  

Generally, your effective date will be the later of 1) The date VA receives your claim or 2)Facts found, that is, the date the doc says you became disabled.  

However, there are many exceptions to this.  One notable one is if you apply within 12 months of your exit from service, then the effective date will be the day after you got out of service.  Another exception is if there is a change of law or regulation, and there are constantly changes in laws at VA!! 

Effective dates are one of the most complex areas of VA law.  For example last years Veterans Benefits Manual has 52 pages just on effective dates, and it references hundreds of more cases that apply.   Nehmer claims, pending claim doctrine, CUE, 38 CFR 3.156 are just a few of the thousands of pages of VA law which affect the effective date.   I cant begin to read all of it even on just Nehmer claims, as several books could be written just on Nehmer claims.  If you are a Nehmer class claimant, I think you can contact NVLSP and see if you are entitled to an eed.  NVLSP represents Nehmer claimants at no charge to the veteran as they represent Veterans in the class action lawsuit, that was won by Veterans.  

Edited April 12, 2016 by broncovet