Disability permanant or not?

[Ranmic]

Hi everyone!  I've read over all of my disabilities (4 total) and I cant seem to find if they are classified as "permanent" or not.  The paperwork that came with my approval letters didn't state one way or the other nor do I see any indication on the "eBenefits" site.  Does anyone know how I can determine if my disabilities are permeant or not?  I'm assuming with no clear statement either way that would lead me to think they are not permeant.

Thank you!

[brokensoldier244th]

If you got a packet for Chapter 35 you are considered permanent 100%. Still means you can get called in for an exam but its less likely. 

Are you asking if your disabilities are 'static'? For that you need your code sheet which means you need a VSO to look them up and tell you. Eben and VA.Gov don't say anything about static disabilities. My decision letters from about 5 yrs ago told me which ones were static, but I don't know if that's done anymore. Its like 1 sentence buried amidst all of it. The codesheet doesn't come with your rating letter, but a VSO can see it. It also says what you might have listed for a future exam in a few years. 

[GBArmy]

If you don't use a VSO, lawyer or claims agent you can also submit a FOIA your codesheet. It will take time to get it back however.

[El Train]

I found mine buried on page 505 in my C file.  Took a year and a half to get my C file. All 3300 pages of it.

[brokensoldier244th]

4 minutes ago, El Train said:

I found mine buried on page 505 in my C file.  Took a year and a half to get my C file. All 3300 pages of it.

Just so others know, pg numbers of c files are irrelevant. They aren’t in order of receipt or generation. If you send in old evidence from 10 yrs ago it shows up in your c file based on the sent in and scanned date, not when it actually was. Hence the challenge for us of sifting  through it

[pacmanx1]

40 minutes ago, brokensoldier244th said:

47 minutes ago, El Train said:

I found mine buried on page 505 in my C file.  Took a year and a half to get my C file. All 3300 pages of it.

Just so others know, pg numbers of c files are irrelevant. They aren’t in order of receipt or generation. If you send in old evidence from 10 yrs ago it shows up in your c file based on the sent in and scanned date, not when it actually was. Hence the challenge for us of sifting  through it

I disagree, page numbers can be truly relevant if the veteran finds evidence in his/her C-File that were never used and or never associated with a rating decision.  When a veteran file a claim and that claim is rated and then denied, and the veteran later reopens that claim. Then by VA own regulations, the VA is supposed to review the entire record. Veterans are often given the wrong effective dates because the VA fails to review the veteran's entire records for the onset of that disability claim. There has been past BVA decisions and CAVC decisions that note that the veteran was treated, and their evidence was always located in their file. I not only won a CUE claim back to 2005, but I also won an Unadjudicated claim back to 1998 that when the VA finally reviewed my C-File, the VA found an NOD that I filed that was never processed or associated to my CUE claim and awarded my effective date back to 1998. Keep in mind that a lot of claims based on 38 CFR 3.156 deals with records that should have been in the VA's possession or in the veteran's records but was missed or overlooked and the veteran then filed an NOD, or a CUE or a Reopen claim to get his or her benefits. If the veteran is trying to get an EED (EARLIER EFFECTIVE DATE) or a BED (BETTER EFFECTIVE DATE), the veteran should not just list page numbers, but the veteran should submit the page numbered as evidence that the VA had in their possession and was never considered or associated with their claim and request service connection or an increase in rating. If the veteran has a large C-File (Records) the veteran should know that the VA most likely did not review his or her entire file. Also, a good thing to look for is handwritten documents. 10 years ago, the VAMC and other private medical clinics were using these documents and the VARO cannot scan these records. If a veteran has over 500 pages of medical records, I would review each and every page to see if the VA reviewed these records and associated them in their decisions. 

The page number is not the key but the evidence on that or those particular page or pages can support a claim for an EED or BED or service connection or an increase in rating percentage. The page number is just to let the VA know that this evidence should have been considered or associated to a rating decision. Yes, the VA may say that those pages maybe duplicate but those pages must still be considered or associated and or adjudicated in a decision for rating purposes.

[brokensoldier244th]

Im aware of all that- what im saying is that your C file is not paginated as a whole. If you send in 50 pages as a single scan, I can notate it "page number blah....". If you send in 50 individual scans, I can annotate in the subject line of the scan what it is. But your Cfile as a whole is not paginated. If you told me to look on page 867 of your Cfile as you see it in your hand it means nothing to me because there is no page 867 on my side. Its not a continuous single file, its a series of multiple documents uploaded or added through the years, and since military records are often batch scanned they come in as 1 document consisting of X'ty-five actual pages. 

 

Hand written records can most certainly be scanned. I look at them every day. They can't be searched (CTRL-F) so they have to be read through, but they are certainly scanned in.