Questions for Elders ...one at a time... 5th - Contents of c-file

[J McB]

Ok, so I started requesting copies of my c-file in 2013 or 2014 after filing to re-open my 1993 claim in August 2013.  My repeated requests went unanswered, and I ended up having to make a Congressional Inquiry through Senator's office to get a copy.... and now I request a copy every time the VA makes a decision (via Congressional inquiry).

Here's what I've figured out and what I'm not sure how to deal with, and a question about c-file contents.

1. I have, I think, 4 or 5 CD's of my c-file.  I received the first Spring of 2015! .  The problem is that documents that were in the c-file CD that I received in 2015 aren't in the one I received in April (2019)... Documents that were in my c-file CD from last summer (2018) aren't in the one I received in April (2019)...

Anyone have an explanation for that?

2. Alternatively, I cannot figure out why Congressional Inquiries correspondence that was made while I was still active and the 4 years after aren't in my USAF/VA?  ...

Yes!, (and again to the dismay of the VA) I do have hard copies of that Congressional Inquiry correspondence...

Granted, as one of my previous "Question to the Elders" noted, I have had to find friends and my ex to write letters attesting to my filing a claim and seeing a VA doctor in 1993 because the VA has lost the files, so it doesn't surprise me that the VA sucks at filing documents in c-files.  However, in the April 2019 copy I received, I noticed they seem to have "piecemealed" what letters/correspondence from the Senator's office, who is my intermediary for the VA, is copied into my c-file...

Anyone have an explanation/solution for that?  Granted I have all the correspondence to/from the Senator's office and the VA, but it makes me wonder what they've sent to the BVA...

3.  Is there an option for me  to view what is on VBMS?  I ask this question because the c-file I received summer 2017 included a "Rating Decision" page which I never received from the VA and at the bottom of the page I noticed a note that read, "VSR: Please see the deferred issue in VBMS as to the "appeal" noted on the VA Form 21-4138 (dated August 1, 2016) with attachments and tabbed in VBMS documents. Veteran notes the appeal regards "an earlier effective date as to the service connected conditions." The Veteran's "appeal" received on August 2, 2016, should be addressed by the Appeals team."

There was no appeal filed at that time.  The Form 21-4138 they reference makes clear the documentation I was submitting was being submitted in support of my 2016 claim, which the VA closed.  I have since requested the VA correct their error and attach the document to my NOD, and now to BVA appeal.

But this makes me wonder what other *&^% ups they've made that I can't see in VBMS?  I went to the D.C. VARO office last week and the dude who is working at the front desk said I can't access/view VBMS...

No, I do not have a VSO... haven't had a good experience...they don't seem to have read 38CFR, know or keep up on case law, and only seem to know 'surface' information... (i.e. File such and such on this form).

Thoughts?

 

J McB

 

 

 

 

[Vync]

Great info from @broncovet

[63Charlie]

On 11/16/2019 at 9:58 PM, vetquest said:

Can you message me the email?  I cannot find it.

pamela.powers@va.gov