Jump to content



Search



Help fund HadIt.com. Please note HadIt.com is NOT a non-profit, there is no tax deduction for helping to fund HadIt.com Veteran To Veteran LLC

We have been very lucky since 1997 in being able to fund the site from advertising and my own pocket. Unfortunately my pockets are empty and revenue for the site is down. So if you want to help keep the site funded please use the button below and help fund the site.





Toggle shoutbox Shoutbox Open the Shoutbox in a popup

@  Tbird : (21 September 2014 - 12:48 AM) Forum Is Back Up And Running. We Lost Some Posts, But Were Able To Restore All The Posts To Sep 17. A Big Thank You To Member Kacy For Volunteering And Getting This Fixed.
@  raptorick : (20 September 2014 - 10:12 PM) Posts After The 17Th Are Missing
@  YellowGTO : (17 September 2014 - 01:37 PM) I Can See Reply's In My Email But When I Click The Link It Says "sorry, We Couldn't Find That!" Anyone Have Any Ideas?
@  cragwex : (15 September 2014 - 10:22 AM) Asking For T & P
@  NeverGiveUp : (14 September 2014 - 01:19 PM) Got Denial Letter From Va On Friday, Having Surgery For Hip This Friday Need Advice
@  Tbird : (13 September 2014 - 02:39 PM) Thank You Notorious
@  Notorious Kelly : (12 September 2014 - 02:52 PM) Happy To See The Donate Button For Hadit. No Pressure If You're Struggling But Give If You Can!
@  vet201060 : (11 September 2014 - 11:49 PM) Got The Dea Letter For Pain Killers Today. Interesting To See How This Actually Effects Us Getting Our Meds
@  bad@57 : (11 September 2014 - 07:07 PM) Hello Vets, Had A Very successful Bva Hearing August 20, 2014. Submitting Final Paperwork To Judge For Decision. Wish Me Luck As I Do All!
@  dereekbanks : (11 September 2014 - 12:49 PM) Still No Letter In The Mail, But I Think I Was Denied. Feeling Depressed!
@  dereekbanks : (11 September 2014 - 12:48 PM) Claim Closed On The 8Th, Its 3 Days Later And Ebenefits Still Shows My Same Old Rating.
@  Rotor Head : (11 September 2014 - 06:20 AM) Remember, The 'e' In Ebennies Stands For Entertainment. :blink:
@  ssgtob1 : (11 September 2014 - 05:14 AM) Got Back In, No Change The Last 10 Times I Checked It :(
@  Notorious Kelly : (10 September 2014 - 07:45 PM) Ebenefits Is Back "up" (But I Can't Do Anything In It) ;)
@  carlie : (10 September 2014 - 05:14 PM) Good - They Should Be Helping The Vets In The Virgin Islands - They Should Be Helping All Vets That Can't Earn A Living Due To Something They Experienced On Active Duty.
@  lcurle : (10 September 2014 - 04:37 PM) I Saw On Va.gov That They Are Helping The Homeless Vets In The Us Virgin Islands....im In!
@  lcurle : (10 September 2014 - 04:35 PM) You Must Be A Patient Man To Check It Only Every 10 Minutes, I Hit F5 Every 3 Seconds!
@  ssgtob1 : (10 September 2014 - 12:45 PM) Ebenefits Is Down :( Now I Cant Check It Every 10 Minutes
@  Gastone : (10 September 2014 - 04:25 AM) Heads Up! The 2013 Cbo Report Big Savings By Taxing Comp And Eliminating Iu Past 65 Starting In 2015. Not A Done Deal, Yet! Yrs Of Age.
@  carlie : (09 September 2014 - 06:12 PM) Dereekbanks - No - That Does Not Mean You Were Denied. They Do Not Update Ebenefits On A Daily Basis.

Photo
- - - - -

"c" File


This topic has been archived. This means that you cannot reply to this topic.
47 replies to this topic

#1 sjh4951

 
sjh4951

    E-4 Petty Officer 3rd Class

  • Second Class Petty Officers
  • PipPipPipPip
  • 72 posts
 

Posted 13 February 2009 - 10:51 AM

Hi,

I just received the second copy of my C file, this one from the BVA. It does not have half the info the first one did, has mulitple copies of the sames pages, has info that previous file did not, doesn't have info the previous file did, etc; This file came in a small box while the other came in a huge box. How do I get the actual COMPLETE file? I'm at a loss here as to why the VA is not sending this to me.

Has anyone else had this problem?????

Thanks..and thanks for this great site!
Susan
South Carolina

Advertise Here

 

#2 rdnkjeeper

 
rdnkjeeper

    E-5 Petty Officer 2nd Class

  • First Class Petty Officer
  • PipPipPipPipPip
  • 198 posts
 

Posted 13 February 2009 - 11:03 AM

How long did it take for you to get? I put in a request about 6 weeks ago.

#3 sjh4951

 
sjh4951

    E-4 Petty Officer 3rd Class

  • Second Class Petty Officers
  • PipPipPipPip
  • 72 posts
 

Posted 13 February 2009 - 11:11 AM

About 6-7 weeks..you should be getting yours anytime now. I think you can also call to check status.

#4 Pete53

 
Pete53

    Moderator/HadIt.com Elder

  • Moderator
  • PipPipPipPipPipPipPipPipPipPip
  • 21832 posts
 

Posted 13 February 2009 - 02:19 PM

If you read my signature you will see that its a common problem. You need to compare the files you have with the BVA copy and reconstruct it. How can they make a decision with what they sent you?

#5 sjh4951

 
sjh4951

    E-4 Petty Officer 3rd Class

  • Second Class Petty Officers
  • PipPipPipPip
  • 72 posts
 

Posted 13 February 2009 - 03:33 PM

Thanks, Pete, that's going to be quite a job..BVA sent 900 pages, regional was twice the size.

#6 Pete53

 
Pete53

    Moderator/HadIt.com Elder

  • Moderator
  • PipPipPipPipPipPipPipPipPipPip
  • 21832 posts
 

Posted 13 February 2009 - 09:29 PM

Get some small sized post it stickies and work a short time each day or consistently but don't get to tired. In other words break it up.

I suggest that you start with the most complete and match what they both have and than start plugging the holes.

You can do it.

#7 sjh4951

 
sjh4951

    E-4 Petty Officer 3rd Class

  • Second Class Petty Officers
  • PipPipPipPip
  • 72 posts
 

Posted 14 February 2009 - 08:16 PM

Sounds overwhelming..
I don't know how much time I have..my case has been at the BVA since March 2007.
Isn't the whole file supposed to be transferred to Washington?
The American Legion in Washington currently has my file and I had talked to a rep there before I got the C file.
Don't like bothering him but should I call and tell him the file appears incomplete?

#8 Pete53

 
Pete53

    Moderator/HadIt.com Elder

  • Moderator
  • PipPipPipPipPipPipPipPipPipPip
  • 21832 posts
 

Posted 14 February 2009 - 10:22 PM

I would wait on the C File but you can call 800 827 1000 and ask where your C File is. In 1995 I had appealed and mine sat on a DAV desk for 2 years.

You could also call the BVA and ask them when your claim will be adjudicated. It must be fairly close.

#9 halos2

 
halos2

    E-8 Senior Chief Petty Officer

  • Senior Chief Petty Officer
  • PipPipPipPipPipPipPipPip
  • 1488 posts
 

Posted 15 February 2009 - 10:14 AM

I can't say I am glad someone else has experienced similar problems in obtaining their complete c-file. It discusts me to see it continues to occur. Why is it the VA employs such inadequate people? This is inexcusable! I previously posted numerous attempts of requests for my records and like you would receive partials/repeat copies/blank sheets labeled copies/sections and pages missing...all requested under the FOIA.
Finally I called the VARO and set up an appointment to rewiew and retrieve all of my records...well they sat me at a desk with a va employee watching me go over all the files/folders and marking my missing papers finally they said we can't pay someone to watch you and I asked as I did at the beginning for copies and they told me the copier was broken! 4 story building and one copier. I c/o to manager he said they would mail complete file to me shortly. Took a week and I got copies...don't know if some are missing still. Can not remember all from 1968-70's.
First I set up category's ie medical-smr; training; admission/discharge records; evaluation/promotions; dental; immunizations; awards; etc then placed them in date order, then rule out repeat copies...the task is not simple but breaking it down to these sequences allows you to compartmentalize. Small steps do not overwhelm you, and allows you to do a little each time and not feel so stressed with such large amounts of paper information.
Don't forget to do the same with all info sent and date wise too. The same is true of medical records from others and employment records, buddy letters...all of these things need to be broken down as well as tx records from VA and elsewhere.
It is not going to be easy or fast to do but you will be able to discover what they have, and maybe what they don't have and need to find in favor of your claim.
Take a deep breath, start slow, don't get discouraged, take breaks, and secure your claim with the info. Good luck. <_<





Hi,

I just received the second copy of my C file, this one from the BVA. It does not have half the info the first one did, has mulitple copies of the sames pages, has info that previous file did not, doesn't have info the previous file did, etc; This file came in a small box while the other came in a huge box. How do I get the actual COMPLETE file? I'm at a loss here as to why the VA is not sending this to me.

Has anyone else had this problem?????

Thanks..and thanks for this great site!
Susan
South Carolina



#10 sjh4951

 
sjh4951

    E-4 Petty Officer 3rd Class

  • Second Class Petty Officers
  • PipPipPipPip
  • 72 posts
 

Posted 16 February 2009 - 07:24 PM

Thanks for the advice. I started getting the 900 page one in order by date yesterday. Got soooo frustrated that I had to set it aside. Just briefly scanning through it looks like lots of medical info missing from hospital admissions, etc. There's also some new papers in the one from Washington that werent in the one from Columbia. I'm worried that Columbia didn't send the complete file to Washington or maybe Washington just didn't send the complete file to me. I might call them before I spend days doing this.
Just so damn stressful.......

#11 allan

 
allan

    Content Contributor

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPipPip
  • 13030 posts
 

Posted 17 February 2009 - 12:00 AM

Just so damn stressful....... ?
It really makes me sick trying to organize all those papers.

Why is it when records are lost, missing, misplaced or shreaded, they are mostly medical records and most of the time, just what you need to really nail your claim down? For some reason, I don't think it's the ink or paper.

#12 ausgmblr

 
ausgmblr

    E-4 Petty Officer 3rd Class

  • Second Class Petty Officers
  • PipPipPipPip
  • 60 posts
 

Posted 12 March 2009 - 03:42 PM

Just so damn stressful....... ?
It really makes me sick trying to organize all those papers.

Why is it when records are lost, missing, misplaced or shreaded, they are mostly medical records and most of the time, just what you need to really nail your claim down? For some reason, I don't think it's the ink or paper.

Anything I send the VA on my claims is indexed on the cover page. Then I number all pages, mail the stuff return receipt requested after keeping a copy.
hopefully down the road should those pages not be used in my case they can't say they didn't get it.

#13 sharon

 
sharon

    HadIt.com Elder/Moderator

  • Master Chief Petty Officer
  • PipPipPipPipPipPipPipPip
  • 1126 posts
 

Posted 12 March 2009 - 06:08 PM

Have you filed claims since your appeal to BVA? If so, you have a temporary file at the Regional Office. Once your file is certified to BVA nothing can be added to that file. New evidence that you send in the VA is keep in your temporary file. In order to have a complete file you have to consolidate them both.

#14 carlie

 
carlie

    Moderator/Admin/HadIt.com Elder/SVR Radio Panelist

  • Admin
  • PipPipPipPipPipPipPipPipPipPip
  • 22134 posts
 

Posted 12 March 2009 - 07:06 PM

[quote name='sharon' date='Mar 12 2009, 08:08 PM' post='135333']
Have you filed claims since your appeal to BVA? If so, you have a temporary file at the Regional Office. Once your file is certified to BVA nothing can be added to that file. New evidence that you send in the VA is keep in your temporary file. In order to have a complete file you have to consolidate them both.

Sharon,
I have to disagree.
carlie


http://edocket.acces...8cfr20.1304.htm



PART 20_BOARD OF VETERANS' APPEALS: RULES OF PRACTICE--Table of Contents

Subpart N_Miscellaneous

Sec. 20.1304 Rule 1304. Request for change in representation, request for

personal hearing, or submission of additional evidence following certification

of an appeal to the Board of Veterans' Appeals.


(a) Request for a change in representation, request for a personal
hearing, or submission of additional evidence within 90 days following
notification of certification and transfer of records.


An appellant and his or her representative, if any, will be granted a period of 90 days
following the mailing of notice to them that an appeal has been certified to the Board for
appellate review and that the appellate record has been transferred to the Board,
or until the date the appellate decision is promulgated by the Board of Veterans' Appeals,
whichever comes first, during which they may submit a request for a personal hearing,
additional evidence, or a request for a change in representation.

Any such request or additional evidence must be submitted directly to the Board and not to the agency of original jurisdiction.

The date of mailing of the letter of notification will be presumed to be the same as the
date of that letter for purposes of determining whether
the request was timely made
or the evidence was timely submitted.
Any evidence which is submitted at a hearing on appeal which was requested during such period will be considered to have been received during such period, even though the hearing may be held following the expiration of the period.

Any pertinent evidence submitted by the appellant or representative is subject to the requirements of paragraph (d) of this section if a simultaneously contested claim is involved.


(b) Subsequent request for a change in representation, request for a
personal hearing, or submission of additional evidence--

(1) General rule. Subject to the exception in paragraph (b)(2) of this section,
following the expiration of the period described in paragraph (a) of
this section, the Board of Veterans' Appeals will not accept a request
for a change in representation, a request for a personal hearing, or
additional evidence except when the appellant demonstrates on motion
that there was good cause for the delay.

Examples of good cause include, but are not limited to,
illness of the appellant or the representative
which precluded action during the period; death of an individual
representative; illness or incapacity of an individual representative
which renders it impractical for an appellant to continue with him or
her as representative; withdrawal of an individual representative; the
discovery of evidence that was not available prior to the expiration of
the period;
and delay in transfer of the appellate record to the Board
which precluded timely action with respect to these matters.

Such motions must be in writing and must include the name of the veteran; the
name of the claimant or appellant if other than the veteran (e.g., a
veteran's survivor, a guardian, or a fiduciary appointed to receive VA
benefits on an individual's behalf); the applicable Department of
Veterans Affairs file number; and an explanation of why the request for

a change in representation, the request for a personal hearing, or the
submission of additional evidence could not be accomplished in a timely
manner
.

Such motions must be filed at the following address: Director,
Management and Administration (01E), Board of Veterans' Appeals, 810
Vermont Avenue, NW., Washington, DC 20420. Depending upon

[[Page 102]]

the ruling on the motion, action will be taken as follows:


(i) Good cause not shown. If good cause is not shown, the request
for a change in representation, the request for a personal hearing, or
the additional evidence submitted will be referred to the agency of
original jurisdiction upon completion of the Board's action on the
pending appeal without action by the Board concerning the request or
additional evidence.

Any personal hearing granted as a result of a request so referred or any additional evidence so referred may be treated by that agency as the basis for a reopened claim, if
appropriate.

If the Board denied a benefit sought in the pending appeal and any evidence so referred
which was received prior to the date of the Board's decision,
or testimony presented at
a hearing resulting from a request for a hearing so referred, together with the evidence
already of record, is subsequently found to be the basis of an allowance of that
benefit, the effective date of the award will be the same as if the
benefit had been granted by the Board as a result of the appeal which
was pending at the time that the
hearing request or additional evidence
was received.


(ii) Good cause shown. If good cause is shown, the request for a
change in representation or for a personal hearing will be honored. Any
pertinent evidence submitted by the appellant or representative will be
accepted, subject to the requirements of paragraph (d) of this section
if a simultaneously contested claim is involved.

(2) If the Board obtains evidence or considers law not considered by
the agency of original jurisdiction.

The motion described in paragraph
(b)(1) of this section is not required to submit evidence in response to
the notice described in paragraph (a) or (b) of Rule 903 (paragraph (a)
or (b) of Sec. 20.903 of this part).


© Consideration of additional evidence by the Board or by the
agency of original jurisdiction. Any pertinent evidence submitted by the
appellant or representative which is accepted by the Board under the
provisions of this section, or is submitted by the appellant or
representative in response to a Sec. 20.903 of this part, notification,
as well as any such evidence referred to the Board by the agency of
original jurisdiction under Sec. 19.37(b) of this chapter, must be
referred to the agency of original jurisdiction for review
, unless this
procedural right is waived by the appellant or representative, or unless
the Board determines that the benefit or benefits to which the evidence
relates may be fully allowed on appeal without such referral.

Such a waiver must be in writing or, if a hearing on appeal is conducted, the
waiver must be formally and clearly entered on the record orally at the
time of the hearing.
Evidence is not pertinent if it does not relate to
or have a bearing on the appellate issue or issues.


(d) Simultaneously contested claims. In simultaneously contested
claims, if pertinent evidence which directly affects payment, or
potential payment, of the benefit sought is submitted by any claimant
and is accepted by the Board under the provisions of this section, the
substance of such evidence will be mailed to each of the other claimants
who will then have 60 days from the date of mailing of notice of the new
evidence within which to comment upon it and/or submit additional
evidence in rebuttal.

For matters over which the Board does not have original jurisdiction, a waiver of initial agency of original jurisdiction consideration of pertinent additional evidence received by
the Board must be obtained from each claimant in accordance with
paragraph © of this section.


The date of mailing of the letter of notification of the new evidence will be presumed to be the same as the date of that letter for purposes of determining whether such comment or
evidence in rebuttal was timely submitted.
No further period will be
provided for response to such comment or rebuttal evidence.

#15 sjh4951

 
sjh4951

    E-4 Petty Officer 3rd Class

  • Second Class Petty Officers
  • PipPipPipPip
  • 72 posts
 

Posted 12 March 2009 - 08:01 PM

Any new evidence that I have submitted, since my appeal, has been mailed directly to Washington. I am in touch with a rep through the American Legion there. He specifically asked me to send the info to him. My new evidence will stay in Washington and never go to regional as I have requested a Waiver of the office of jurisdition. I'm in South Carolina...too many papers shredded here..I no longer trust them.

I do have a question. I was under the impression that appeals were heard in docket number order but that doesn't seem to be the case. Does anyone know if this is correct or not?

#16 sharon

 
sharon

    HadIt.com Elder/Moderator

  • Master Chief Petty Officer
  • PipPipPipPipPipPipPipPip
  • 1126 posts
 

Posted 12 March 2009 - 08:17 PM

Clarification: I was talking about information for a new claim, if any. After reading what I wrote it does look confusing. :P

#17 Ufrustrated2

 
Ufrustrated2

    E-3 Seaman

  • Seaman
  • PipPipPip
  • 19 posts
 

Posted 29 May 2009 - 07:26 AM

Just so damn stressful....... ?
It really makes me sick trying to organize all those papers.

Why is it when records are lost, missing, misplaced or shreaded, they are mostly medical records and most of the time, just what you need to really nail your claim down? For some reason, I don't think it's the ink or paper.


Hey Allan,

it is happening to me now also. it does seem so odd that the items missing or not included in the history/illness section just happens to be the medical tests and impressions that are supportive of the illness. and the things that are included give rise to the proverbial question, WTF!

#18 Berta

 
Berta

    HadIt.com Elder/SVR Radio Panelist

  • SVR
  • PipPipPipPipPipPipPipPipPipPip
  • 28682 posts
 

Posted 29 May 2009 - 08:17 AM

I am a little confused here-on BVA submissions

I certainly sent the BVA additional medical evidence -most recently in late March and got their award in April.

In every evidentiary submission I made to the BVA I also raised the VCAA errors made by the RO when they initially received my original 2003 claim.I made every submission clear as to how these errors had been prejudicial to me and that I wanted my statements in the BVA record for the CAVC (where I didnt expect it to go anyhow)

I sent VA medical evidence throughout the entire 6 years it took them to award-and certainly sent it to the BVA after the BVA docketed my case.

Oddly enough -although I had just paid for another IMO- which I did not receive prior to the BVA award-(they gave me a partial refund when I called them up to hold off)
I also had sent to the BVA 2 weeks before their decision a prime facie bit of medical evidence that I had overlooked for 6 years.
A medical word that I had never looked up-thinking it was not relevant.
Geez-
I should have looked it up 6 years ago!

Prime facie evidence to award- and the BVA didn't mention it-but it sure supported my 3 IMOs.

The CAVC cannot accept more evidence but the BVA sure can.

It is imperative to get everything into the record because if the BVA denies- CAVC will only look for legal errors that BVA made and sometimes make an award- nopt often, and usually they will remand the claim if legal errors occurred or deny it again and uphold the BVA decision.

Edited by Berta, 29 May 2009 - 08:18 AM.


#19 broncovet

 
broncovet

    E-9 Master Chief Petty Officer

  • Master Chief Petty Officer
  • PipPipPipPipPipPipPipPipPip
  • 3640 posts
 

Posted 21 June 2009 - 06:42 AM

sjh
IMHO this disparity betwen your Cfile from one date to the next is evidence of shredding. The documents that were in your file, but are now missing, have likely been shredded.
You need to file a "Special Claims Handling" request, and point out that some of your evidence was mishandled, and why you think so. The VA is required to give you special consideration up to Nov. 19 of this year. For more information, see this:
http://www.vawatchdo...dderscandal.htm

Especially see this one:
http://www.vawatchdo.../nf031509-3.htm

You still have time.

#20 Guest_Ryan_*GuestMember

 
Guest_Ryan_*GuestMember
  • Guests
 

Posted 17 July 2009 - 12:15 PM

This thread has given me even more reason to trust the fidelity, and abilities of our good friends at the VA. What a bunch of sincere caring folks to share thier gratitude for our service to our country by handling our affairs with such accuracy, and integrity.

Oh I feel so warm and fuzzy inside.

BTW do you know where your jar of vaseline is?

(rant over)

#21 Loma Linda Bill

 
Loma Linda Bill

    E-4 Petty Officer 3rd Class

  • Second Class Petty Officers
  • PipPipPipPip
  • 81 posts
 

Posted 05 January 2010 - 07:27 PM

Hi,

I just received the second copy of my C file, this one from the BVA. It does not have half the info the first one did, has mulitple copies of the sames pages, has info that previous file did not, doesn't have info the previous file did, etc; This file came in a small box while the other came in a huge box. How do I get the actual COMPLETE file? I'm at a loss here as to why the VA is not sending this to me.

Has anyone else had this problem?????

Thanks..and thanks for this great site!
Susan
South Carolina

Susan,

This is Loma Linda Bill and I had the same problem and i finally wrote my congressman and i finally got it let me know if this helps it did for me you can e-mail me at
wm_thurman@yahoo.com
and let me know

#22 Vync

 
Vync

    E-9 Master Chief Petty Officer

  • Master Chief Petty Officer
  • PipPipPipPipPipPipPipPipPip
  • 1581 posts
 

Posted 05 January 2010 - 07:49 PM

I requested my C-file back in October. It would be really nice if they would send a copy to me so I can figure out what is missing... B)

#23 sjh4951

 
sjh4951

    E-4 Petty Officer 3rd Class

  • Second Class Petty Officers
  • PipPipPipPip
  • 72 posts
 

Posted 09 January 2010 - 08:16 AM

I requested my C-file back in October. It would be really nice if they would send a copy to me so I can figure out what is missing... :)



FYI..I would follow that request up with a phone call to your regional to make sure they got your request. It took two tries for me as they said they never received my first request. Oddly, a copy of my first request letter was in the C file when I finally received it.

It's been almost a year and I still have not sorted through the C file from the BVA to see what all is missing. It just became too much for me one day and I packed everything up and threw it in a box. Even now, reading this thread gives me anxiety. I wonder if they realize what they put us through? Being a caregiver since 1991 until my husband died in 2006 has taken it's toll on me both mentally and physically. Now with this appeal still hanging over my head it has put my life on hold. I was told a year ago that my appeal would be heard within a year. Now I'm told it will be another year and with that news they had the nerve to tell me to consider it a windfall if I won.

I really feel like I'm being pounded into the ground. In the beginning I said I'd never give up but I'm really close to reaching that point if I haven't already. Sorry to ramble, just needed to vent to someone out there.

#24 Pete53

 
Pete53

    Moderator/HadIt.com Elder

  • Moderator
  • PipPipPipPipPipPipPipPipPipPip
  • 21832 posts
 

Posted 09 January 2010 - 12:40 PM

Never give up. Work on your claim on a regular basis. Ask for help here on Hadit and use your Service Officer to help you.

#25 6petersons

 
6petersons

    E-2 Recruit

  • Seaman
  • Pip
  • 0 posts
 

Posted 25 June 2010 - 01:22 PM

After requesting a total of 3 different times we finally got our C-file, we sent it in writing via certified mail and it contained over 2000 + pages, my husband had been fighting the VA since 2001. I started to go over the C-file and to my surprise there is a letter in there from Washington to local regional offices regarding employees throwing away peoples information that they are sending in. I find it funny that I never received this letter yet it was in our file like we were notified of the problem. Out of 93 pieces of mail that were in the shred bin 33 pieces of mail was stuff that was not supposed to be disposed of, new claims, birth certificates and other critical case information. This is just a fine example of how our local regional offices help make that back log so long since they are throwing our responses in the trash.

#26 s1chmoe

 
s1chmoe

    E-3 Seaman

  • Seaman
  • PipPipPip
  • 9 posts
 

Posted 16 July 2010 - 07:43 PM

I found in my C-file, that of two appt's with podiatry, the same podiatrist actually copied and pasted the exact same thing he had written the prior year. I don't know what I should do, report it? I also just got appproved 100% PTSD, but one of the ratings for my deviated septum (which is rated at 0%) the ENT in depth exam said approximately 50 percent blockage in left nostril greater than right....well, when I had my comp and pen, the Dr. looked up each nostril a total of 5 seconds and in the ratings decision that came back it said 20% blockage in one nostril, none in other. I have compiled those two reports together and am thinking about sending them to my congresswoman. This Dr. needs to be fired for basically minimizing symptoms IMO, any opinions on this? Thanks

#27 Berta

 
Berta

    HadIt.com Elder/SVR Radio Panelist

  • SVR
  • PipPipPipPipPipPipPipPipPipPip
  • 28682 posts
 

Posted 17 July 2010 - 07:02 AM

When I realized that my C file copy contained evidence that the VA said they never had during my 1151 and FTCA matters which were resolved without BVA input-
I began to send the BVA (my 2003 AO claim went on their docket) every piece of evidence I had as I did not trust the RO to enclose any of it with my C file in a transfer to the BVA.

In the evidence lists in VARO SOCs and SSOCs from 2003 to transfer to the BVA -only one piece of my evidence was ever mentioned.SOme of it the vet rep said he personally gave to the DRO.

I provided the H VAC subcommittee hearing with copy of 53 USPS tracking slips of probative evidence the VARO had lost or destroyed.

It was an ordeal to copy and send it all again to the BVA but they got it, read it, and awarded my claim.

BTW the C file only might contain copies of medical recs that you supplied for your claim.

Your VA medical records have to be requested separately from the C file.

#28 cooter

 
cooter

    E-8 Senior Chief Petty Officer

  • Senior Chief Petty Officer
  • PipPipPipPipPipPipPipPip
  • 967 posts
 

Posted 22 August 2010 - 09:07 PM

I'm going for an appointment tomorrow to view my c:file at the local RO. When they called me to come in, the guy said they have to go thru my file first and take out some info containing to some kind of law enacted in 1974. anybody heard of this?

#29 jbasser

 
jbasser

    Moderator/HadIt.com Elder/SVR Radio Panelist

  • Admin
  • PipPipPipPipPipPipPipPipPip
  • 6209 posts
 

Posted 22 August 2010 - 09:17 PM

I'm going for an appointment tomorrow to view my c:file at the local RO. When they called me to come in, the guy said they have to go thru my file first and take out some info containing to some kind of law enacted in 1974. anybody heard of this?


That is the Privacy act. Take out your private info or what, I would clarify what they are taking out.

Be very cautious about this.

J

#30 cooter

 
cooter

    E-8 Senior Chief Petty Officer

  • Senior Chief Petty Officer
  • PipPipPipPipPipPipPipPip
  • 967 posts
 

Posted 22 August 2010 - 09:24 PM

That is the Privacy act. Take out your private info or what, I would clarify what they are taking out.

Be very cautious about this.

J



Yeah I will! Thanks J

#31 Commander Bob

 
Commander Bob

    E-9 Master Chief Petty Officer

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPip
  • 1613 posts
 

Posted 23 August 2010 - 06:52 AM

I feel an overall frustration and torment by many participants in this topic thread. Mountains of paperwork, missing records, confusing rules...etc. However, of all the things missing... Peace of mind, seems to be the worst.

I feel that too. I have to send off for my complete 40 year C-file soon. When reading my letter of denial, I can see that crucial items are missing. I keep putting it off for many of the same reasons, I read here.

I would like to thank all of you that contributed to this discussion. I will use what I have learned here when I take on that task.

Best wishes for a successful outcome to all of you.

#32 john999

 
john999

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPipPip
  • 22214 posts
 

Posted 23 August 2010 - 07:12 AM

Whem my lawyer and I went for my BVA hearing the judge brought out my C-File. It was three times as large as the copy I had. Right away I believe my due process has been violated. How can I get a fair hearing when the judge will base his decision on information I don't have? My lawyer requested a copy when he saw the mountain that the BVA judge dragged out. We even based some of my claim on the fact I never got appeal rights on my original decision. Maybe I did get them, but I would never know since they were not in the copy I got, but might be in the copy the BVA has. It has been almost 40 years. Even the complete C-File that the BVA had was a mess. Nothing was in order and the judge could not even determine what parts of my file were part of the claim because he could not find them. My lawyer who does SSD claims said that SSD claims never look like that with paper just stuffed in the file without tabs and sections and organization. The VA has been allowed to run their own show for decades without any other legal body having oversight. I hope the lawyers can bring some order out of this chaos.

#33 broncovet

 
broncovet

    E-9 Master Chief Petty Officer

  • Master Chief Petty Officer
  • PipPipPipPipPipPipPipPipPip
  • 3640 posts
 

Posted 02 December 2010 - 01:54 PM

It is quite clear that the VA has responded inadequately to the "shreddergate" crisis, and has instead, swept it under the rug as much as possible.

I agree with Berta in that the BVA probably has to do "something" when the Vet has shredded evidence. Remember on the "outside" world tampering with evidence is a crime, but with the VA it is an inconvenience that they have to cover up.

Fast letter 08-41 promises to give the Veterans the "benefit of the doubt" but the reality is that once those evidentialry documents are gone, the Vet has little or no way to support his claim.

The time period in which Veterans can apply for "special handling" due to shredded evidence has been over for some time. However, I doubt that the courts can enforce those time restrictions on Veterans....shredded evidence is shredded evidence no matter if it occured in 2001, 2008, or yesterday.

When I called the VA they told me that I was not eligible for "special handling due to shredded evidence" because the evidence that was shredded from my claim was not in the applicable time period. Outraged, I sent additional evidence that was shredded in the applicable time frame, but so far nothing has happened.

As I said, I cant see how the BVA/CAVC can cite Reasons and bases, "We are denying your claim because you dont have any evidence, and the evidence that was shredded was "outside" the allowable time period, so we are not going to take your word for it, or give you the benefit of the doubt. "

#34 iceturkee

 
iceturkee

    E-5 Petty Officer 2nd Class

  • Chief Petty Officers
  • PipPipPipPipPip
  • 276 posts
 

Posted 26 August 2011 - 06:41 AM

It is quite clear that the VA has responded inadequately to the "shreddergate" crisis, and has instead, swept it under the rug as much as possible.

I agree with Berta in that the BVA probably has to do "something" when the Vet has shredded evidence. Remember on the "outside" world tampering with evidence is a crime, but with the VA it is an inconvenience that they have to cover up.

Fast letter 08-41 promises to give the Veterans the "benefit of the doubt" but the reality is that once those evidentialry documents are gone, the Vet has little or no way to support his claim.

The time period in which Veterans can apply for "special handling" due to shredded evidence has been over for some time. However, I doubt that the courts can enforce those time restrictions on Veterans....shredded evidence is shredded evidence no matter if it occured in 2001, 2008, or yesterday.

When I called the VA they told me that I was not eligible for "special handling due to shredded evidence" because the evidence that was shredded from my claim was not in the applicable time period. Outraged, I sent additional evidence that was shredded in the applicable time frame, but so far nothing has happened.

As I said, I cant see how the BVA/CAVC can cite Reasons and bases, "We are denying your claim because you dont have any evidence, and the evidence that was shredded was "outside" the allowable time period, so we are not going to take your word for it, or give you the benefit of the doubt. "



please tell me you make copies of everything you send the va, including your medical record?

#35 SCAATY

 
SCAATY

    E-3 Seaman

  • Seaman
  • PipPipPip
  • 21 posts
 

Posted 26 October 2011 - 11:08 AM

Took the VA 6 months and 3 requests for them to get me a copy of my c-file. Then they told me that my claim was held up because they had to copy it and send it to me. So much for FOIA time requirements.

#36 COOL BREEZE

 
COOL BREEZE

    E-8 Senior Chief Petty Officer

  • Senior Chief Petty Officer
  • PipPipPipPipPipPipPipPip
  • 708 posts
 

Posted 26 October 2011 - 11:37 AM

This is standard procedure. Don't request a copy of your c-file while doing a claim. Everything stops, claims process, the works. You ask for the c-file before you file a new claim, and wait till you actually get it before you file the claim. Requesting a c-file is treated the same as filing a claim. There is a waiting period(months) and will show up as a claim

#37 SCAATY

 
SCAATY

    E-3 Seaman

  • Seaman
  • PipPipPip
  • 21 posts
 

Posted 26 October 2011 - 12:32 PM

This is standard procedure. Don't request a copy of your c-file while doing a claim. Everything stops, claims process, the works. You ask for the c-file before you file a new claim, and wait till you actually get it before you file the claim. Requesting a c-file is treated the same as filing a claim. There is a waiting period(months) and will show up as a claim


I requested the file before filing my claim, and waited 3 months before filing this claim. I even went to the regional office twice during that time trying to figure out what was taking so long. For whatever reason, they just didn't want to send it to me. I still believe they didn't send a complete copy.

#38 COOL BREEZE

 
COOL BREEZE

    E-8 Senior Chief Petty Officer

  • Senior Chief Petty Officer
  • PipPipPipPipPipPipPipPip
  • 708 posts
 

Posted 26 October 2011 - 01:17 PM

For some reason, the VA treats the request of an c-file just like filing a regular claim. Then it has to go through the same waiting period as everyone else before its processed. It took me 10 months to get mine. And it did interrupt one of my claims while they took the c-file away from the rater to copy it before returning it back.

#39 Chuck75

 
Chuck75

    HadIt.com Elder

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPip
  • 1435 posts
 

Posted 26 October 2011 - 01:49 PM

The ONLY way to get things straightened out as far as the VA is concerned requires congressional action in several areas.
First, "sovereign immunity" was waived a long time ago. It's just that the VA refuses to acknowledge the fact.
Next, the general administrative law that governs virtually all other government agencies must also apply to the VA.
Claim denials must be subjected to the same exact process and scrutiny as a claim that is to be awarded. (No "shortcuts" for denials!)
In fact, a claim denial should be subjected to an even more rigorous process than an approval, based upon the VA's extremely high error rate in claim denials.
Delay in claims processing, awards, denials, and so forth.
It's interesting that the VA and congress is more than willing to shorten the time(s) that veterans have to respond, yet virtually ignore the horrendous amount of time that the VA delays.
Most of the delay seems to occur when the claim file "just sits there' for months or more at a time. When a denial is made, there is often a major delay before a veteran receives a lucid and complete
statement of the case. Too many of the SOCs are useless when they are received, due to generic cut and paste statements that are incomplete, incorrect, and do not actually show the true reasons for denial.
Often, the SOC does not address significant evidence that favors the claim, and concentrates only on perhaps inconsequential evidence that is neutral or even absent. Too often, the VA totally ignores the special consideration stated in law for "combat veterans". The evidentiary rules are much less stringent, and the VA has fought about and ignored the difference for decades.

The VA must have real penalties assessed for delay and improper denials.
Negative work credit, compensatory compensation to veterans, loss or reductions of bonus, and so forth are all possible tools.
Delay and improper denial compensation should be paid from budgeted VA administrative funding for such things as raises, bonuses, and executive compensation.

Finally, a federal district court should be available at the highest level of the appeals process, and not restricted to matters of "law" only. The present "in house" system does not consistently deliver true "justice" or "equity".

Edited by Chuck75, 26 October 2011 - 01:53 PM.


#40 allan

 
allan

    Content Contributor

  • HadIt.com Elder
  • PipPipPipPipPipPipPipPipPipPip
  • 13030 posts
 

Posted 26 October 2011 - 04:44 PM

Which is worse? Having your claim delayed for a short period for requesting a copy of your C-file and service records. Or, having your claim spend a decade or so in appeals because you don't have a clue whats in your records?

With the records the VA uses to decide your claim, your going to fight for your benefits, and I do mean fight, in the blind. To me, it wouldn't matter if my claim was delayed two yrs, as long as I knew what was in those records so I could get all the issues filed at once.
If you don't have the evidence, you don't have a chance of winning. It's likely your going to spend yrs in appeals with their BS delay tactics as it is, but those records are a must if you want any chance of getting whats coming to you.







Advertise Here