R i g h t a r d i a: The VA C-file and the Disabled American Veterans

When you file for a VA disability, it will normally be filed through a service organization like the Disabled American Veterans (DAV) or the American Legion. Most vets use the DAV because it has the largest staff.

The DAV at Bay Pines, FL not only supports disabled vets. It also trains new National Service Officers (NSO).

One of the Bay Pines NSOs who has been very helpful suggested that The Major request a copy of his claim file (C-file. ) If the C-file is at a VARO, the VARO staff will let you have access to the last volume for inspection.

Hadit.com has some good advice about the C-file.

Hadit.com can not stress enough how important it is to:

View your VA claims folder at the Veterans Affairs regional office. Call the VA at 1-800-827-1000 and request an appointment to view your VA C-file (claims folder).
Ensure that all the records in your Veterans Affairs C-File are yours.
Check that everything you have sent to the VA is included in your C-File.
After viewing your VA claims folder (c-file) and correcting any mistakes you may find. Then request a hard copy of your claims folder (c-file).

To request your C-File which is your claims folder at the regional veteran affairs office, use VA Form 3288.

Technically any release or waiver from that is signed by the claimant and that properly compiles with and cites the Privacy Act and FOIA is sufficient. However VA personnel are familiar with the VA Form 3288 so it will cause the least confusion.

Note that a disastrous fire destroyed a lot of military medical records at the NRC archives in St. Louis. On July 12, 1973, approximately 16-18 million Official Military Personnel Files were destroyed. The affected record collections are described below.

Branch	Personnel and Period Affected	Estimated Loss
Army	Personnel discharged November 1, 1912, to January 1, 1960	80%
Air Force	Personnel discharged, September 25, 1947, to January 1, 1964 (with names alphabetically after Hubbard, James E.)	75%

This means that if you didn't request a copy of your medical records when you left the Army or Air Force prior to the mid-1960s, you may be screwed, blued and tattooed.

It would be difficult to prove your condition is service connected without getting letters from other vets who were in your unit at the time and were aware of your medical problems. Locating your old chums may be difficult.

You could try posting a Usenet email on society.veterans to try and locate some of your old service pals.

In the 1960s a lot of young men were drafted into the Army and the Marines. The myth that the Marines never drafted anyone is in not true. One of my brothers friends was drafted into the Marines during Vietnam and he returned home in a body bag.

Some of the draftees were able to separate early and those who wanted nothing to do with the Armed Services were careless with their military records, either not requesting them or throwing them away.

When the Major retired from the Air Force, he left with a copy of his personnel file and his medical records. He wrote a BVA appeal that actually contained attachments form his medical records to verify his medical conditions were service connected. He prevailed in front of a BVA judge.

Although the Bay Pines VARO made a superficial argument that his condition was not service-connected, the BVA judge disagreed.

The VARO doesn't seem to pay much attention to current court cases, but the BVA does because some of its rulings will end up in the US Court of Veteran appeals (USCAVC). Likewise, the BVA judge is supposed to liberally interpret the law to favor the veteran. The VARO is under very strict rules and appears to function as an adversary to the veteran in many cases.

The best thing to do is expedite the claim through the VARO and make an extended effort to win in front of the BVA judge. Once the judge declares you condition "service connected," the VARO will be forced to rate it. If they lowball you, you can appeal to the BVA again.

Be aware that the DAV and other service organizations have some excellent people in DC who help expedite the claim. The Major was quite impressed with two legal briefs the Washington NSOs wrote on his behalf.

This is why VA clams can take years. Don't be fearful of getting a senator or congressman involved in the claim either if you are getting the VARO runaround.

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