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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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On ‎6‎/‎21‎/‎2016 at 10:17 PM, 63Charlie said:

I submitted a Freedom Of Information Request first through normal channels.

Waited a month and nothing.

Emailed the Secretary..... mentioned my doctor needed the C-File to prepare his IMO.

and...SHAZAM!!

I logged in to eBenefits and the Estimated Completion is: 08/20/2018 - 03/14/2020. It looks like it is time to go directly to the Secretary.

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Vets:

I got mine after going thru a lot of hoops. I was considering going directly to the Sec of  VA but my former mil training made me hesitant to do so...but I learned a lot of lessons....and actually the 220 to about 300 days which is not good but the have about an 80K c-file backlog which seems to be very tough to get on top of? I've also got the adobe pro so I'll be able to make the C-File searchable when I get it. One of my big challenges is that about 40% of my service medical records are handwritten and not highly legible. If they were, I think I would be at 100% instead of the 90% where I am right now... 

Rootbeer22 

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13 minutes ago, rootbeer22 said:

Vets:

I got mine after going thru a lot of hoops. I was considering going directly to the Sec of  VA but my former mil training made me hesitant to do so...but I learned a lot of lessons....and actually the 220 to about 300 days which is not good but the have about an 80K c-file backlog which seems to be very tough to get on top of? I've also got the adobe pro so I'll be able to make the C-File searchable when I get it. One of my big challenges is that about 40% of my service medical records are handwritten and not highly legible. If they were, I think I would be at 100% instead of the 90% where I am right now... 

Rootbeer22 

Hey Rootbeer,
I feel like I was in the same boat as you when I requested mine. It took months for me to scan in all of my documents to PDF, but in the end it was worth the time. I did it in bite size chunks, about 50 pages at a time, two evenings a week. I didn't want to get burned out any further.

Almost all of my STR's were handwritten, except for the Asian doc who typed everything. After I sorted everything out, I took printouts of any pages I could not read to my non-VA doctor and asked them to translate it into meaningful English. I only did this a couple of pages at a time so as to not seem rude. I had to look up all the handwritten abbreviations too and made separate notes where necessary. If the writing was legible then we all may have had a much better shot at a higher rating.

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Vync:

I'm trying to get to the 100% mark but I'm learning to be more patient that it will eventually come. I know you fought your heart issues for some time and they really lowballed me on that...the hand written notes have hurt not helped me much...my PCP is nice but he would never translate the records for me....

Take Care,

Rootbeer22

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1 hour ago, rootbeer22 said:

Vync:

I'm trying to get to the 100% mark but I'm learning to be more patient that it will eventually come. I know you fought your heart issues for some time and they really lowballed me on that...the hand written notes have hurt not helped me much...my PCP is nice but he would never translate the records for me....

Take Care,

Rootbeer22

I know what you mean. It took me about three years to go from 40% to 90% and then another year to hit 100% (backdated to original EED from five years earlier). The 90% hurdle is just probably the toughest for most veterans. It is pretty bad when the VA fails to read records properly (even typed ones) and causes all sorts of unnecessary anxiety and stress in the process.

Despite still having heart issues, I have not won SC yet. The docs pulled me off of one heart medication that was actually making the problem worse and it put me into the 0% category. However, I do have two other claims that I know can be increased if I filed now. One would go from 30% to 40% and the other from 30% to 50%. I talk with my wife periodically about filing for all three, but she doesn't want me to rock the boat. She told me to wait until I retire.

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On ‎5‎/‎23‎/‎2016 at 2:28 PM, flores97 said:

I recommend, if you have been waiting for at least six months on your cfile OR if you have a hearing approaching, contact your local congressman and ask for assistance in obtaining your cfile, it worked for me. If that doesn't light a fire, contacting the Secretary of VA as Asknod and Shuman suggested most definitely will. I opted for the congressman, as I wanted to save contacting the Secretary for a last resort, I waited literally almost two years after requesting my cfile and, after contacting the congressmans office in my area, had it on my doorstep, delivered by UPS, less than two weeks later.

Just contacted my local Congressman and hopeful that I will get the same response, as my wait time is between 08/20/2018 - 03/14/2020.

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