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Getting My C-File

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63Charlie

Question

Need to file a NOD on a recent Tinnitus claim denial.

Sent in a request, FOIA etc., for my C-file.

VA acknowledged receiving my request on Ebennies and shows a date of 2018 when I can expect them to make a decision as they have my request categorized as a new claim.

I was thinking I read where there are specific deadlines requiring the VA to meet my demand for the C-file.

Anyone know what the time frames are requiring the VA to comply?

Edited by 63Charlie
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I requested through TX Veterans Commission my C-File  5 months ago and I got the same BS back of see ya in late 2017 or early 2018.........well, that did it for me.....lawyered up to make the same exact request again......not only was a time frame not even issued.....four weeks after it was received eBenefits now saying  "gathering evidence".  I believe we all get the same BS run around when we use a VSO or Veterans Commission rep.  Been at this now since 2009.......if a 20% give up on retro can get their attention and speed the process up then I see it as money well spent.  I don't want to be dead before my claims ever see the light of day.  At the rate I'm moving through the process (40%) I don't want to be messing with this 8-10 years from now. For me, I'm paying the man.

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This is one reason why veterans should be granted electronic (Internet) access to their claims file on VBMS. 

VSOs have access. Contract examiners have access. The IME companies (QTC, VES, etc.) have access. C&P clinics have access. Why not the vet?

Is this need on the agenda of any of the influential veterans service organizations?

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I  emailed Mary Ann Wentzel  at RMC in St Louis  and she got back with me, she mention that its there goal to get the veterans C-File within 200 days after they get the request, she found the date when I requested mine i t was  Oct 1st 2015.

 so I have another 20 days to go for the 200 day wait  I should get my C-File in a CD around mid July of this year. she noted id the veteran as more than 10 pages  the C-File will be in CD..so that's good for me  being a older vietnam Vet.

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I emailed Secretary McDonald.

Received a reply in two days.

Had my claims file within the next week.

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Hmm.  I am still waiting on a response from the evidence intake center on my FOIA request for a mental health C&P exam.  I have still not received the information.  However, I did receive a nice letter from the VA stating that all FOIA request must be made to your corresponding "Evidence Intake Center".

My beef with this is, now who do you hold accountable for and overdue FOIA request.  I have quoted the correct regs and the law and yet my request for my own records has been ignored.

IMO this move is just more diversion techniques on the VA part.  

According to the VA my records have been transferred to the BVA.  Bet any one here a Starbucks Vanilla Latte, or a Chai tea latte the C&P exam I am looking for is not in my RBA.  

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On 6/17/2016 at 9:09 PM, 63Charlie said:

I emailed Secretary McDonald and had my C File within two weeks.

Good evening 63Charlie,

Did you submit a VA Form 3288 to the VA before contacting him directly? If you did go straight to him, did you submit the form to him of just an email.

JR 

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