C-file

[scienter]

What law or regulation defines what the contents of a c-tile is?

[Berta]

This will explain a C-file- it might contain the regulations, if not you can email them and ask for it.

https://cck-law.com/blog/va-c-file-claims-file

The article states that some medical records are in our C files- however the bulk of your VA medical records are kept separately and you can request copies of them from the VA.

Voc Rehab records, and often Physiological records are often kept separately- and are not in the C file.

Your SMRs and Military Personnel file can be obtained at the NARA web site.

What records do you seek and why- maybe we can help you  more- if we know more......

 

 

[broncovet]

I think the term "cfile" is likely a term that the courts have yet to define.  I mean, gee, they can not always agree with what the term "claim" means.  Examples:

1. Is a "claim" the same as an issue in a claim?

2.  If you file for PTSD, arthritis, and TDIU, how many "claims" did you file for?  Three?  Maybe not..See below!  

3.  Is tdiu a "claim" or "claim for increase".  I think the CAVC has decided this one, there is no stand alone tdiu claim, but instead a claim for tdiu is a claim for increase.  

4.  "Claim" and "appeal" are often used interchangeably when at the appeal stage.  

5.  "pending claim".  There is a whole book on "pending claim theory".  No joke.  

6.  What about a "reopened" claim?  

7.  What about an "unadjuticated" claim?

8.  What is a "secretly denied" claim?  (CAVC calls it a "deemed denial")

9.  What is a claim for SMC?  Isnt VA supposed to adjuticate those without the Veteran filing?? So why would the Veteran even need to file a claim for SMC?  

10.  What is a Nehmer claim?  This has been litigated and litigated and is still being litigated!  If you are a Nehmer class Veteran, I would advise you to contact NVLSP and they may be able to figure out if you have a "claim" for an EED.  Im not even sure there is a "claim" for eed. (claim for earlier effective date).  I think you have to "appeal" the effective date, not file a "claim" for an earlier effective date. 

     I gave 10 examples of how/why there is confusion on "what is a claim". I didnt even go into "informal claims", "secondary claims", "primary claims", direct claims, 1151 claims, etc.  

[GBArmy]

Bronc I'm just wondering part of the "deny, delay, wait to die" theory. You know, confusing on purpose.

[broncovet]

At the BVA, its no longer even called the "cfile"..its called the "record before Agency" (RBA).  Im not sure that is defined either, because I have several "RBA's" and each is different.  

Nowadays, the "VBMS file" is more important than the cfile.  Why?  Because the VBMS file is "current", while the cfile is out of date by the time you have received your copy, since new stuff has likely been added, and old stuff shredded, lost, deleted, misfiled in another Veterans file, mishandled, etc.  You only get access to your VBMS file "through your VSO, attorney, or non attorney practioner".  Vets are not permitted access to see their VBMS.  

In short, "cfile" is a term mostly used by VA employees and Veterans, short for "claims file".  If they dont know what a "claim" is, then they dont know what a "claims file" is.  (see above post on disputes of what a "claim" is). 

[Buck52]

I totally agree with bronco  the VBMS is what all veterans need to prefect their claim..

I don't use a VSO or Attorney OR VA Accredited Claims Agent..but sure thinking hard about   HIRING the VA Accredited Claims Agent...That has Real time Access to the VBMS. 

I called  Accredited VA Claims Agent Robert Blacklidge  in Argyle Tx and made a future appointment with him. he has over 30 years experience with Veterans Claims and was Accredited in 2011

 Ms berta quoted

''Voc Rehab records, and often Physiological records are often kept separately- and are not in the C file.''

I notice some of my Voc-rehab records and  some of my MH records were in my C-file  and the Myhealthyvet notes were in it , but probably not all of them  just some records ,  but this was 2015  when I got my C.File. in on CD.

so a lot of records that were not written in ink or type out or was in light pencil did not copy.

I need access to the VBMS  very Bad.

I hope they change this and let All veteran have access to the VBMS

WE NEED TO WRITE PRESIDENT TRUMP ABOUT THIS.

Edited June 24, 2020 by Buck52

[broncovet]

I can "somewhat" appreciate the "security issue" with having Vetreans access their VBMS file.  Rememeber there are about 25,000,000 Veterans, and probably at least some of those know what it takes to "hack" a system.  

At least, if they only allow attorney's and VSO's to have access, they should be able to know where to find them if it turns out the hacking came from there.  The world, however, is probably too big to locate all 25,000,000 Veterans.  

Usually, we can find a VSO or attorney somewhat easily by just doing a search, since they make at least some of their information public, so potential  clients can find them.  

     I dont have a good answer, except to only allow "read only" to VSO's, or attorneys concerning the Veterans VBMS file.  That  is what they do now.  VSO's can not delete documents to the VBMS file, or at least they shouldnt be able to.  

     VA has hired a third party to scan in Veterans evidence at he Evidence intake center.  Supposedly this means the VA cant say, "Oh, NO!  THAT would allow the Veterans claim to be awarded right away, so let's delete that document!"  ...kind of like what VA did in the past.  

     Its a very awkward situation.  If you were suing your neighbor, would you say, "Ok.  Here are all my files I have against you, as I should get at least 5,000,000 in this lawsuit.  Now dont delete or lose any of these documents because I need all that evidence"

     Yea right.  You would "never" put your opponent at law "control" over your documents.  It makes no sense, but that is exactly what VA does.  How do they get away with it?  Well, they pretend they are a "Pro claimant, veteran friendly" office designed to assist the Veteran in getting benefits.  Its mostly a lie.  The VA is here to PREVENT us from getting benefits and provides as little help as possible.