Viewing C-Files at Your RO

[Gastone]

While on a recent trip to the Det RO, I had occasion to try the VA "Walk-in No Appointment necessary, viewing of my C-File." I have to admit, I really didn't believe that the VA allowed Vets to review their C-Files, even with an appointment. The VA 800 Line Rep told me, that was the VA policy at all the ROs, Walk-in, 1st come 1st served. It was also confirmed by (1) VARO Det Rating Dept employee and recently by a former Det RO DRO Hearing Officer, now retired.

All (3) knowledgeable VA employees were wrong, you must make an appointment. I have to say, I agree with the rational behind the need for the appointment. Think about it, even if our C-files are now Digitized and we can view them on a computer, a VA employee has to be scheduled to be with us for the entire time.

So that's what I did, requested an appointment for a future viewing.

Semper Fi

[Navy4life]

Gastone;

Why don't you just get a copy of the c-file?

[rootbeer22]

Gastone:

 

From what I have learned all RO's are different in terms of their own customer services practices when vets physically come into the RO's. Even with an appointment and a letter from the VA granting an appointment this was a disaster for me. Keep in mind this was before I got the first set of my final results of my claim which were good (June 2015-80%). Also, that I came up during December 23rd of 2014 and they advised me that their computers were down? Also, the FOIA Officer was not very nice and argued that I never made an appointment? I said I did but it was on me because I forgot to bring the appointment letter? So, within about 15 minutes, the receptionist (whom was also very nice) at the front desk said, I found your appointment letter.  I figured that if it's all automated that they would see a copy of the letter in my file anyway? That said, one of the supervisors came out and was very good to me in terms explaining a few things and was very nice. One is that he said that ebenefits is a good tool but not always up to date. Secondly, that there are big delays in getting a C-File. Now I know it's because they have an 80K backlog and it's taking 220 days to process a piracy and not a FOIA request.  Of course, he we are years later and I still have not seen my C-file but based upon the call last week from the NPRC, I should have a CD with everything in about 2 weeks. I sent letters to several FOIA Officials but don't think it sped up anything for my C-File.

Like I've said many times before, the VBA folks for the most part have been very good and professional. Yes, I do have some disagreements on some of my contentions and have filed a NOD as a result. But most of the delays have been due to what looks like resource issues and many may be out the basic VBA employees control. That's the main reason why we have to make sure that the raters have everything they need to rule in our favor with solid evidence and nexus. When the NPRC called me and was a bit terse, I told the guy (and also the head attorney for the VA), "please put yourself in my position." "Time has almost  run out to file my NOD (1 year), and I cannot review my C-File (that I ordered a year ago) which puts me at a huge disadvantage to file my appeal? He said, "well when you out it that was I can understand your frustration".  Frankly, I think that if we could see our contractor CP Exams from QTC and VES a few days after the exams, that most Vets would not probably need to request their C-files which as you say are supposed to be digitized now...but most are mainly looking for those CP exams? The VA CP exams can be seen on Blue Button which is a big help...

 

Godspeed Rootbeer22

[Gastone]

Navy, I was at the RO for a Voc Rehab meeting. Last time I filed a FOIA Request for my C-File was 09/13, about 8 - 9 in of paper finally arrived 01/2014, 15 months later. Can't really rely, based on my experience, on a timely VA production of C-File documents.

When the C-File arrived, It only covered the  period up to the FOIA Filing Date of 09/13, when do you think the VA Employee started copying it?

After my Voc Rehab meeting, I had the time, just wanted to verify the VARO Walk-in C-File Viewing policy. Even though it had been confirmed by (3) VA current & former Rating Dept Employees, I really didn't see how the RO could or would comply. No way was the RO going to turn a Vet loose, with his C-File without a VA Employee in attendance.

According to the RO Intake Rep at the front desk and her immediate Supervisor, my now 12?+ inches of paper C-File has been digitized. However, an appointment is necessary to arrange for a VA Employee to be present for however long I wish to view my C-File and to make any copies of requested pages.

So I formally requested a C-File Viewing Appointment, will have to wait and see how long it takes. I also filed a FOIA Requst for the C-File, will have to see how that plays out, time wise.

Semper Fi

 

[broncovet]

This is exactly the point.  One RO says, "yes, you can have copies", the next RO says, "No way, Jose".  This is the problem I have with the Auer defense..also known as Chevron Defernce.  

For those of you who dont know, in Chevron (US SUPREME COURT), the supreme court ruled the Agency interpretation rules UNLESS the agency determination is arbritrary or capricious.

This essentially means the "tie goes to the VA", because the Veteran bears the burden to show the Agency ruling is arbritrary or capricious.  

VA pulls out the Auer defence (Chevron deference) at every occassion, waving it like a "we win" flag.  However, when the "agency determination" is not even known, then how can that not be "arbritrary"?   In other words, if a Vet sued to see his cfile at the RO, and RO in Waco allows Vets to go get a copy of their cfile at will, what exactly is the "agency determination"?  Nobody knows.  

[armorer]

Most vso's at ro, all but one or two maybe only know a few things about how to enter an incomplete claim. From my experience, that goes for all vso's. Most are not trained, motivated, or qualified for what they are doing, no offense to anyone. I guess no one else wants to do it for what they pay.

 

At LA, most vso's just stroll around socializing behind a wall no one can see (and the guard will come running with his gun pulled if he sees you looking into the door that was left open from the traffic back and forth.) Half of them will appear 15 minutes before the end of the day, smelling like cigarettes, to get OT by clearing vets out who have been waiting all day. The ONLY way to go is either at the very first of the day to get who you want or the end of the day for less important things not to waste time. It would be a funny sit-com if they were not wasting vet's lives after they already sacrificed their lives long ago. And LA is the best I've seen. San Diego may be better, but I haven't been there yet (it's just my claim center assigned to Orange County.)

When I asked to see my c-file, a lady who said she had been there for over 30 years, said, "Huh? I never knew about that!" Then a group of a half dozen got together and claimed they did not know. Too bad we can't bring cameras into a VA center.

Edited July 5, 2016 by armorer

[FormerMember]

One thing I look forward to when I get my nonattorney practitioner license soon is I am allowed to remotely view the c-files from my home (office) (via computer sign-in) once I have a documented POA on file. This is probably one of the only up sides to the new VBMS process. It will help innumerable Vets get SC. It seems such a shame that VSOs are right there and are clueless on how valuable and essential the file is to winning the claim. We also get the phone number for the VARO coordination officer so we don't have to do the 800-827-1000 dog and pony show. Amen.