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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Template to request C-File


Question

PRIVACY ACT REQUEST

 

 

 

VIA FACSIMILE & CERTIFIED MAIL (Return Receipt Requested)

 

 

 

DEPARTMENT OF VETERANS AFFAIRS CLAIMS INTAKE CENTER

PO BOX 4444

JANESVILLE, WI 53547-4444

-or-

Fax to: TOLL FREE: 844-531-7818

 

 

July 15, 2018

 

 

RE: PRIVACY ACT REQUEST

 

Veteran: Name         

VA File No (SSN): xxx-xx-xxxx

 

Veteran Social Security #: xxx-xx-xxxx

 

 

To Whom it May Concern:

 

 

This is a request for documents under the Privacy Act, 5 U.S.C. § 552a, (PA) on behalf of INSERT NAME(Veteran). This request is properly made via facsimile as it contains the signature of the requester.

 

 

  1. IDENTIFICATION OF DOCUMENTS. I hereby request all documents contained in my VA claims folder for any of Veteran INSERT NAME VA claims, AND, to include anything in the VA Virtual File, Virtual Records, or any electronic system where records about me or my claim are kept or stored.

 

 

  1. I understand that if I am seeking my Department of Veterans Affairs Medical Center records, I will contact that Medical Center.

 

 

  1. FORM/FORMAT IN WHICH TO PRODUCE INFORMATION. The PA and the VA’s own internal policies related to PA requests, require that the records be produced in the format sought by the requester, if the record is readily reproducible in that form or format.

 

 

·         Please provide my records (on a CD or in Paper). I understand my records are now in the electronic format and at times the copies maybe hard to read due to the condition my record was at the time of scanning.  Please take special care to ensure that both sides of any two-sided documents produced in response to this request are included in the response, and are scanned into a PDF in such a way that they do not “bleed-through” from one side of the document to the other.

 

 

 

 

4. TIME FOR RESPONSE. Please note that this request for documents is being made pursuant to the Privacy Act, 5 U.S.C. § 552, as well as 38 C.F.R. §1.550 and 38 C.F.R. § 1.577. Your agency has a duty to respond to this request within TWENTY (20) BUSINESS DAYS of the date of this request pursuant to 5 U.S.C. § 552 (a)(6)(A)(2)(i).

Additionally, although an extension of time to respond may be requested, it may only be granted for “unusual circumstances.”  “Predictable agency workload” is not typically considered an unusual circumstance as stated in 5 U.S.C. § 552(a)(6)(C)(ii). Moreover, even to the extent that unusual circumstances could be demonstrated in this instance, the time limit for the extension is limited to “10 working days” pursuant to 38 C.F.R. § 1.553(d).

 

 

Please also be aware that your agency's failure to respond to this request within twenty business (20) days can result in the filing of an administrative appeal with the office of the Secretary of the Department of Veterans Affairs pursuant to 38 C.F.R. § 1.557 and 5 U.S.C. § 552(a)(6)(A)(2) (ii), and/or, the filing of a federal lawsuit to compel the production of the information. In any such appeal or lawsuit, I intend to seek not only injunctive and/or monetary relief related to this request, but to the extent permitted by law, injunctive and/or monetary relief based on the Department of Veteran’s Affairs patterns and/or practices of responding to PA requests in a manner violative of the PA, as well as attorney fees and litigation expenses, and any other remedy/relief available at law.

 

 

5. Point of Contact. As discussed above, please respond to this request within twenty (20) business days. I may be contacted at Insert PHONE# or EMAIL. My address is INSERT ADDRESS.

 

 

Thank you very much in advance for your assistance.

 

 

Respectfully,

 

 

 

 

INSERT SIGNATURE & NAME (MUST be signed)

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The template is good but a vet can also use this form to get a copy of their C file: https://www.va.gov/vaforms/va/pdf/VA3288.pdf

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You should start a blog with these type of posts that way they won’t get lost and you can easily refer folks to your blog link. Pm if you want to setup a blog but can;t figure it out.

 

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On 7/8/2020 at 3:59 AM, Tbird said:

You should start a blog with these type of posts that way they won’t get lost and you can easily refer folks to your blog link. Pm if you want to setup a blog but can;t figure it out.

 

Thank You TBIRD maybe that way I wont have the same people being negative as to everything I post in attempt to help others.

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7 hours ago, Ddsr said:

Thank You TBIRD maybe that way I wont have the same people being negative as to everything I post in attempt to help others.

Ddsr

Don't worry to much about what others think , your post will help others and especially if they are trying for the IU....>  its hard to please everyone.

Most of us know it takes evidence to win our claims  and some times the VA says our evidence don't meet the rating criteria and were denied.

So veterans must search the  rating criteria for each of his/her ratings for the condition/disability that he /she files for and let the VA know what that criteria rating is,  If we let them know about what we should be rated for then normally we will get the correct rating (jmo)  and also they can add this   I expect to be rated to the full extent of the law set within the CFR'S

HERE IS A FEW IN THE CFR

https://www.benefits.va.gov/warms/bookc.asp#c

And always remember VA raters don't like to read the long drawn out statements, so the veteran needs to get right to the point he is trying to make.

Now sometimes this is hard to do  depending on the case its self.

Ddsr  keep posting , your post will certainly help these young guys coming in and asking for help, your on your way to be a well seasoned member here at hadit  so keep up the good work.  we need it.

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Ddsr Buck's advice is spot on; don't worry what others think.  Just be respectful if you want to provide an alternate opinion. It does help, however, if you can develop a tough skin :>)  Providing different views on what has been successful for you personally gives the veteran something more to consider and even may encourage others to offer their opinions. Keep on doing your best to help others.

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