Uphill Battles & Gaining The High Ground

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Many of you have been around here long enough to know I’m a disabled United States Air Force (AF) veteran who has been in an uphill battle with the Veterans Administration (VA) since the day I got out of the AF. I’ve asked why it must be a battle to receive veterans disability benefits, I’ve asked why there must be so much red tape, and repeatedly I find myself with the same damn answer, because this is the way it is, just accept it. Well, I’ve called bullshit, and that answer is not only un-acceptable to me and shouldn’t be acceptable to any living breathing veteran on the face of the planet. The word needs to get out, we need to share what we know with everyone, the more information we are armed with can mean the difference of one’s success or failure with the VA. So, here’s my personal challenge to all of you, veteran or not, disabled veteran or not, family members, friends, and co-workers, share this post on your web page, your blog, Facebook, Google+, and so forth. This following information will help you whether you want to file a claim or you wish to re-open an existing claim. But this information needs to get out there, the word must be spread. I won’t mention her name here, she knows who she is, who she is to me, but she knows first hand the battle veterans fight in the VA system, whether it be on the medical side or the claim side of the VA. We have spoke extensively and I want to be the one that gives something back to my fellow veterans. She has been an inspiration to me to keep my head held high and keep fighting. I owe her a debt of gratitude for lending me an ear and being a dear friend. So, again, the more this information is shared with everyone the better.

There is information within the walls of the VA which is very important to each and every veteran. I’ve spent many years just taking the VA’s word for it about my personal disability claim, but I’m done with that nonsense, real done with it, everyone who is a veteran needs to come to the very moment I did, and just flat say that enough is enough, its time to get to higher ground, its time to win my battle and claim the high ground. I didn’t do this alone, I’ve had help along the way, I’d love to mention each person out but I would rather thank all of them in mass for they each helped me in their own particular way or supported me when I thought it wasn’t worth fighting for any more. But why do we need to fight? Why can’t the process be easier? I’ll tell you why, it has the appearance that the VA makes the process of filing a claim overly complex and hard simply to discourage veterans from filing a claim. When, in reality, it should be just the opposite, our Veterans Administration should be helping us, not fighting us at every turn, they should want to be there for us as we have been there for them. But, we all know it to be very different, a scenario that resembles a battle plan with contingencies to set in play for the setbacks. Again, we must be prepared, we must be three steps ahead, we must have a hand in the grand scheme, and the only way to win any battle is to be well informed.

I have read many blogs, web sites, forums, reviews, papers, and government documents than one single man should ever have to endure. I’m no lawyer, not by any means, and this post will only point out your legal rights as a veteran, but in no way constitute any form of legal council. And, for the purpose of the contents of this post I offer you my disclaimer. The information you obtain on this blog or this post specifically is not, nor is it intended to be, legal advice. You should consult an attorney or advocate for advice regarding your individual veterans claim situation. This blog post is intended for informational purposes only. Got it? Great, lets move on then, there is much to cover. The following information has been researched by me personally, shared with me personally, all for the purpose of being better prepared to do battle with the VA. With that being said, I’ve collected quite a stack of useful information. Today we will talk mostly about a veterans “C” file or claims file, it’s contents, and why the information might be the single most important resource a veteran can have.

What is in a C-file? When I casually say everything about you, I truly mean it. For simplicity purposes, let’s separate the contents of a C-file into 11 different categories so each one of them can be examined. Your claims file is being reviewed by the VA to evaluate your case, it is your legal right to have a copy so each party has the same information. See what is missing, see what is being overlooked, and provide yourself with ammunition to fight back, you need a page by page copy of your entire claims file, without it you have already lost your battle.

Miscellaneous: Basic information can be found here like birth certificates, employment information, and more.

Military Administration: This area pertains to everything from your discharge to your awards and personal records.

Compensation and Pension Exams: Any records pertaining to your C&P Exams.

VA Medical Records: Record for any occasion in which you have sought treatment at any VA facility.

Private Medical Records: Any medical records from non-VA facilities, or from your active duty period.

Military Medical Records: Any medical records from your time in service.

Entrance and Separation exams: These exams are performed when an individual enters and when they exit the military.

Ratings Decisions and Statements of the Case: This section is rather large and will contain your application for benefits, appeals, decisions, statements of the case, and so much more.

Statements in Support of Claim: Any statements or questionnaires that you may fill out will be located here.

Transcripts:  This simply pertains to transcripts from hearings.

Transcripts: Any applications, decisions, and records pertaining to Social Security.

The claims file is kind of like the lifeblood of your case. A C-file is something that every Veteran has once a claim is filed with the VA. Some C-files are small, and others contain more 7000 pages, but no two files are the same. Unfortunately claims files are not currently electronic, and they arrive from the VA unsorted. One of the first things to do when your claims file arrives is sort it into the eleven categories above. Those eleven categories contain all of the essential information about your case. So, how does one obtain a C-file? That part, unlike the review, is simple. All you really have to do is ask for it from the VA. Remember, the word simple with the VA is a relative term. As I mentioned earlier, the files are not electronic. They are paper.  As they are paper, they are stored in filing cabinets. Further, depending upon when you served, where your case is in the process, and which Regional Office is handling your claim, the file may be in multiple locations. Because of this, it takes time to get your file together.  Also, it is important to note that only one copy of your file is free. If you request additional copies you will be charged. I recommend, if you have the technology, scan it all, scan everything, make that digital copy for your records, store it on a thumb-drive and/or burn it onto a DVD or CD. Saying that your claims file is important to your VA Disability claim is an understatement. Honestly, the records found within the claims file really determine your eligibility.

I mentioned above that a veteran just needs to ask for his/her claims file, below is an example of what I used.

———————————–

(Date)

Privacy Act Department

Department of Veterans Affairs Regional Office

6900 Almeda Road

Houston, TX 77030

Re: (Veterans Name) Claims Folder FOIA Request

(Social Security Number or Claim Number or Case Number)

Dear Staff:

I hereby request a copy of all documents contained in (Veterans Name) claims folder, including, but not limited to, all documents in the right flap, left flap, and center flap, and the reverse side of any documents with writing on both sides.

Please note that this request for documents is being made pursuant to the Privacy Act, 5 U.S.C. § 552, and the Freedom of Information Act (FOIA), 5 U.S.C. § 552a, 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) 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 (20) days may 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 potentially, the filing of a federal lawsuit to compel the production of the information.

This may subject your agency to contempt of court and a fine, including attorney fees and litigation expenses in compelling the production of this information pursuant to 38 U.S.C. § 552a(g)(l) of the Privacy Act, and 38 U.S.C. § 552(a)(4)(B) of FOIA. Thank you.

(Veterans Name)

(Veterans Signature)

(Veterans Contact Info)

———————————-

Hand write the request, type it out, print it, be sure to sign it, put it into an envelope and send it. But, wait, be sure to send it certified mail requiring a signature. Why? You will be notified of the date, time, and person signing for the letter. Why is this important? Their time to reply starts on the date signed. Remember its business days, excluding weekends and federal holidays. Once you get a copy of your claims file, categorize it, read it, get to know it frontwards and backwards, then use the information to better prepare your initial claim or to help you re-open your claim. Personally, I’m in the information collection phase of my battle, soon I will soon be finished preparing my package to be submitted to the VA. I will continue to update this blog with my progress and/or road blocks. Remember, the more this information is shared with fellow veterans, family members of veterans, co-workers of veterans, and so forth, the better we, as veterans, can better prepare. If the playing field is level then the veteran once again has a fighting chance. The resources are out there, the information is out there, and the almighty answers are all out there, find it all and live a better life.

One response to “Uphill Battles & Gaining The High Ground

  1. Reblogged this on It Is What It Is and commented:
    CALLING ALL VETERANS & THOSE RELATED TO THEM!! This is very important information … please, take a look. PLEASE, share and share!! Those in need of VA care will find this very useful.

    My main suggestion: NEVER GIVE UP!!! It’s your earned right. This is not a handout … YOU EARNED YOUR CARE!!!

    Liked by 2 people

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