How does one continue ?

[Buck52]

How does one continue to file claim without C-File? (Requested twice) not a word from VA

INT is ruining out and his C-file has been order over a year now

So how would a veteran submit evidence while waiting on the C-file? just send in what he has? but a certain record he needs  that is crucial  in his C-FILE that would put a whole new look on his claim s supporting evidence.

Should he file the claim and wait for a denial and be ready to NOD?

I'ts not the Veterans fault the VA Won't send his C-File to prepare for his claim.

[Buck52]

I do understand for Vietnam Veterans their files are older and may take some time converting them to the new digital format and  copy to CD.

but once they get the request  they should start the process.

[broncovet]

Great question.  Chris Attig has some things on his website where he shows how to compel the VA to cough up the cfile, even when they dont want to.  They want us dumb and they want their copy of the cfile to be the only one.  This way, they can ride roughshod over us.  

The first way is obvious..you ask them for it.  Then you ask again, pointing out your first request was not honored.  

A Wriit of mandamus should almost always work, but you dont want to have to do that.  Read his website.

Another way, I learned from my attorney, is to file a Notice of Appeal to the CAVC.  The Board HAS to give the attorney of record a copy of the cfile (RBA its called then) within 60 days of the filing of the NOA.  

(From Chris Attig website:)

The BVA makes mistakes that are unheard of in other administrative forums and courts.

With a level of frequency that is a little more than disturbing, the BVA makes the kinds of mistakes that would get me disbarred, suspended from the practice of law, or at the very least, publicly reprimanded by a State Bar Association.

Now, before you think I’m too harsh on the BVA, I have had the pleasure of working with some STELLAR BVA Judges, too – like this one who went above and beyond to help a Veteran in dire need.   My point in this post is to show you what you can do to protect yourself and avoid a BAD experience at the BVA.

Let me tell you about this case in 2013.

In Garsow v. Shinseki, CAVC Cause # 12-548E (August 30, 2013),  the Court of Appeals for Veterans Claims issued a ruling pertaining to attorney fees at the court.

The basis for the decision had to do with the fact that, while on appeal, the BVA vacated and reversed its own decision.

Why would the BVA do that?

The answer to this question is glossed over in a single sentence by the Court.

“The Board explained that the record upon which the [original] decision had been based included documents pertaining to another veteran, which the [Board] determined had affected part of the [original] decision.”

What’s that you say, Chris, in English please?

The BVA made a decision to deny one Veteran’s benefits claim by using records from another Veteran’s case.

This is not a rare thing – sadly.  It happens all the time.

In 2013, my Firm filed suit on behalf of a FOIA requestor in Federal District Court – 3 VA Regional Offices were refusing to give Veterans their C-Files.

In the course of that suit, the files were produced to the Veterans, through my Firm.

In reviewing the files before passing them to the Veteran, I noticed that one of the Veterans files had records belonging to another unrelated Veteran.

For that to happen in our FOIA case, the following people (at the very least) had to NOT look at the Veteran’s C-File:

– Part Time Copy Clerk

– Regional Office FOIA officer

– VA Service Center Manager

– US Attorney (at least an attorney and paralegal)

This sort of thing does not happen in professional law firms, or professional courts, as often as it happens at the VA and BVA.

It certainly does not happen at the Attig Law Firm….and it should NEVER happen to YOU.

How can you Prevent this Sort of Problem in your BVA appeal?

There is 1 thing you can do – NOW – to ensure that this never happens to you in your VA Appeal.

1) Read and know the record.  If you follow the Veterans Law Blog, then you know that I strongly urge Veterans to get a copy of their C-File. What’s more is that I really think it is vital to  have a strong command of the facts in your case – know where certain documents can be found in your file, what those documents say and….most important….verify that they are YOUR claim and medical records.

Before a case goes to a BVA hearing, you should have scoured the entire C-File several times; if you find that the VA has put another Vet’s records in your case file, by the time it gets to the BVA, they should have been  long since been removed and returned to the Vet that owns them.

The VBA and BVA have Serious “Inefficiencies”.

For years, the VBA and BVA have operated behind a shroud of secrecy, protected by a moat of impenetrable processes and regulations.

We all know this.

But  complaining about it won’t help you advance your claim or have more power in your appeal.

(Although it might inspire Congress to get off their ass and take the VA Problem seriously, or it might inspire the head of the BVA to take some serious action to show that they are on the Veterans’ side in this one).

What can you do to prevent this sort of thing from happening?

Get a Copy your VA Claims File from the VA – NOW!

By getting your C-File from the VA, and studying it over and over again, you will learn the reasons that the VA keeps screwing up your claim and how you have the power to fix it.

Taking back the power in your VA Claim starts with knowing what is in your C-File in the first place.

 

Is There Anything Else You Can Do Other Than Get a Copy of Your VA Claims File?

YES!

There’s a LOT you can do – I believe that Veterans have so many options to Take Back the Power in their own VA Claims.

You can start learning my 8 Steps to Improve Your VA Claim.

Or you can sign up to get the Veterans Law Blog by email – I’ll send you a free email ….loaded with knowledge, tips and pointers on how to improve your own VA Claim or appeal, and walk you through a process to improve your VA claim and get it out of the VA Hamster Wheel for good!

 

Edited May 26, 2016 by broncovet

[Gastone]

Took me 13 month to receive about 9 in of paper C-File back in 01/14. 1 document was from another Vet's file. The C-File copies were only complete up to the date I filed the FOIA Request, 13+ months prior.

I recently spoke with a Retired DRO, now works for a VSO as a DRO Hearing Specialist, regarding VA Walk-in C-File viewing policy. According to him, all C-Files at the Det RO, including Nam Vet's old C-Files, are now digitized. A Vet can do a Walk-in, M - F 8 -4, 1st come , 1st served and view their File. Copies of selected pages are available.

I plan on giving it a try in the near future, just to see if it works. As to the Vet that needs a copy of something right away, he needs to try it right away.  The C-File is his only source for the supporting Document? I trust he's started the "Intent to File," on E-Ben?

Semper Fi

[Buck52]

Gastone the only thing about going to view your C&File  is how long it takes to go and read through every page.

I viewed my C-file about 15 years ago at the Waco Tx RO...and they watched me like a hawk  made me nervous, every time I took out a page to read the guard as you will  came closer to see what page it was....it was nerve wracking and  kinda pissed me off.

And after you read it they can make a copy but on that particular page I had it and didn't need a copy of that one...its just hard to view your C-File while they stand over you like he did with me.

broncovet  good information from Att Chris Attig, but time is very important here, I think we will just file the claim without viewing the C-file If  he don't get it in time  before he has to file the ITF/ FDC Claim... it probably be denied...we were trying to prevent the NOD & Having to go to BVA....The reason for Requesting the  C-FILE over a year before filing.

[RickyDee]

How do you request your C-File. I never requested a C-File. I guess I need too. I might need to get a claims lawyer too.  

[Gastone]

Buck, I hear ya. As I recall, My C-File copies weren't really in any chronological order, and ya, a pain to sit and go through.

You can understand the VA wanting somebody sitting with you while you REVIEW your Paper C-File. The File is considered Evidence of Record and the VA has to maintain a Chain of Custody.  I'm sure no Vet would try to remove or add anything in, right but you never know. I don't think that's a problem with viewing the Digital Copy and it should be a hell of a lot easier on the eyes. Printing copies should be faster also.

I hope to give it a try in the next month or so, will keep you apprised.

If a Vet knew there was 1 or 2 things in his C-File, that he absolutely needed a copy of, I think the RO Visit would be a must.

Semper Fi