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C File Vs Medical Records


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10 replies to this topic

#1 Cavtrooper088

 
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Posted 08 July 2009 - 05:36 AM

I requested my C file from VA about two weeks ago. So far no reply, but I assume that is typical VA. Will the C file contain comments from my medical records, or should I request them from the VA hospital where I am being handled? I'm real curious to see what has been said about my various exams.

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#2 Pete53

 
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Posted 08 July 2009 - 05:40 AM

Your C File should contain all the records the VARO needs to rate your claim. That would include your Service Medical Records. However, it seems that they rarely have you treatment records or the records they have are inadequate.

Review the C File carefully and be prepared to fix the mistakes.

#3 Cavtrooper088

 
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Posted 08 July 2009 - 06:06 AM

Thanks Pete. How long does it usually take for VA to send the C file?

Cav

#4 Berta

 
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Posted 08 July 2009 - 06:39 AM

********* Berta - this triple posted so I edited 2 of them out - carlie **********

You can request your VA medical records too-which are separate from the actual C file.

It is almost imperative these days for a vet to have copies of their C file, their SMRs, and the entire clinical medical record.

The results of C & P exams can be requested separately from the Records Access Officer where the exams took place.
This can be done by mail but I think many VAMCs have a form for this type of request in their Records Access department.

I feel C & P exam results should be attached directly to any denial and SOC based on the C & P.
Many vets dont know these results can be accessed and- (I had personal experience on this) the actual exam can be different from the way the VA has manipulated it in the SOC.To a claimant's detriment.

If the VA denies due to a C & P- the C & P exam has to be knocked down line by line with medical evidence and common sense.

I knocked down many past C & Ps without an IMO years ago-on older claims - and the BVA gave 2 more recent C & P exams on a newer claim very little weight and awarded this claim in April.It isnt easy but it can be done.

There is nothing better these days however then getting a real doctor to prepare an IMO with a full medical rationale.Most IMO doctors these days probably outweigh any credentials a C & P doc will have anyhow- and the C & P might not even be done by a "doc" , it could be prepared by someone with less experience in the field of the disability then you yourself have.

Use common sense.
2 C & P docs could not determine when some glucose tests were done on my husband.
They both stated they could not tell if the tests were done at fasting state or early in AM compared to later in day after meals.

I rebutted with common sense and medical evidence.
The tests were recorded in Military time- Early AM-at the VAMC and neither C & P doc could apparently read military time (very concerning for 2 medical professionals who work for the VA)
and failed to understand the tests were early AM tests.
Also I made the point that my husband had been on a feeding tube for weeks while hopitalized with paralyzed throat and was also paralyzed from chest down (CVA) so he could not eat anything anyhow and sur could not leave the VAMC and get to McDonalds for any food by early AM that would raise his glucose levels.

These tests revealed critical evidence that the VA tried hard to ignore or minimize.
Evidence of his undiagnosed diabetes.

Rebuttals to faulty C & Ps should be as brief as possible but to the point.
Raise every bit of evidence they did not medical consider and refer to specific medical records to prove your point.

You need all the info that VA has -to combat negative C & P exams.

Claims are denied in my opinion for 2 main reasons-

an improper VCAA letter was sent out or

the C & P was deficient in ways that were deliberately detrimental to the claimant-

( OK 3 reasons
VA employees are not taking the time to read our evidence- or dont have the fundamental knowledge of VA 101 and the ability to assess it properly)

It is the C & P exam that they use to justify most denials.

Edited by carlie, 08 July 2009 - 08:24 AM.


#5 carlie

 
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Posted 08 July 2009 - 08:41 AM

Thanks Pete. How long does it usually take for VA to send the C file?

Cav


Cav,
It totally depends on the office you are working with.
I truly have seen some VA claimants wait even a year
to recieve a copy of their c-file.
Hopefully this will not be the case for you.
jmho,
carlie

#6 out_here04

 
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Posted 27 September 2009 - 07:30 AM

i called my varo to request my c-file from my award a year ago just the other day. this was the first time i have ever done this. i was told by the va-person to prepare a letter requesting them via freedom of information act (foia). i did and mailed it to varo. is this pretty standard? i wasn't told to submit a form. was this because i was awarded and not denied?

#7 rdnkjeeper

 
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Posted 27 September 2009 - 09:47 AM

The letter acts as the form in my understanding. I requested mine and it took a while to come in.....Right at this moment I can't remember, but it was a few months.

#8 Cavtrooper088

 
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Posted 27 September 2009 - 05:48 PM

Hi Gang,
I haven't posted for a while, but still visit the site everyday.
FYI---It took 6-8 weeks for me to get my C file. First time I tried I wrote a letter which prompted VA to send me a form which I had to fill out to request the C file. After I did that it took about a month. I was amazed at all the information that was in the file. They actually had information that I had been unsuccessfully trying to dig up for the past year.
Good luck in your pursuit. God bless our troops.

Cav

#9 john999

 
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Posted 27 September 2009 - 06:37 PM

If you have vocational rehabilitation records they won't be in your C-File. You get those records for Voc Rehab. If the VA Voc Rehab has turned you down for rehabilitation that could be important for IU or 100% purpose. My C-File goes back 38 years and included my first rating decision. It also included evidence the VA did not use in my rating. When I got that I decided to file a CUE.

#10 allan

 
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Posted 28 September 2009 - 03:55 AM

out_here04,
Use this form for requesting records from the VARO such as your C-file or making a statement, NOD, etc.
As John mentioned, for Voc rehab you will need to request those records through VOC-Rehab at the VARO & your VAMC may have a deferent set of records if the voc rehab there helped you.

21-4138 Statement in Support of Claim (Fillable)
http://www.va.gov/va...?FormNo=21-4138

#11 jbasser

 
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Posted 28 September 2009 - 05:54 AM

Hi Gang,
I haven't posted for a while, but still visit the site everyday.
FYI---It took 6-8 weeks for me to get my C file. First time I tried I wrote a letter which prompted VA to send me a form which I had to fill out to request the C file. After I did that it took about a month. I was amazed at all the information that was in the file. They actually had information that I had been unsuccessfully trying to dig up for the past year.
Good luck in your pursuit. God bless our troops.

Cav

This is an example of why we stress to get copies of the file.
You will find a lot of interesting stuff in there.

I know one person who found out he had 2 inferred issues he is now SC'd for and never would have known it if he hadnt received a copy of the file.

J




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