When veterans apply for any disability benefits, the VA will create a claims folder for them, the VA Claims File, commonly known as the "C-file." It contains all information relating to their disability compensation claim, including paperwork sent to the VA, medical records, and administrative documents.
Given that the C-file comprises all the documentation the VA uses to process and decide claims for benefits, including compensation, pension, and other veteran-related services, reviewing the VA C-file is necessary for veterans to see all the information the VA has about them. It allows for catching any missing or incorrect details that could negatively impact a claim - an opportunity to strengthen appeals or new claims and ensure all documentation is accurate, complete, and properly evaluated. By obtaining a copy of the C-file, veterans can manage their VA disability claim, disability appeals, and rating increases. Within the C-file, veterans can:
- review past decisions
- identify missing evidence
- correct errors
The C-File also contains all the VA's information on service and medical history. While one claim might only have a few hundred pages, a full C-File can be thousands of pages long, especially in the case of multiple claims, appeals, or requests for higher ratings over the years. A C-file usually contains the following documents:
- VA Form 21-526EZ
- DD Form 214
- service treatment records (STRs)
- nexus letters
- C&P exam results
- rating decision letters
- VA medical records
- private medical records
- disability benefits questionnaires (DBQs)
- VA Form 21-4138
- lay evidence to include buddy letters
- VA appeals documentation
- internal VA correspondence
- military personnel records
- various VA administrative forms and letters
Why Reviewing the VA C-File Can Be a Game-Changer
For veterans who have filed a direct disability claim related to asbestos exposure and were denied, reviewing the C-file becomes crucial in ensuring the VA correctly evaluates their condition and the evidence supporting their claim. Reading through your C-file helps in:
1. understanding past VA rating decisions - you can see why the VA denied your claim for asbestos exposure. For instance, it might reveal whether they missed certain aspects of your service history, exposure to asbestos, or medical documentation that proves the link between your service and your diagnosis. You can identify if the VA overlooked any key pieces of evidence, such as a medical opinion that supports the connection between your asbestos exposure and the diagnosis of your asbestos-related disease.
2. identifying missing evidence- you could spot any missing evidence that may have caused the denial, such as:
- service records showing your asbestos exposure: working on a ship, shipyard, or in an environment where asbestos was prevalent.
- medical records that weren't submitted or properly linked to the diagnosis of an asbestos illness
- statements from doctors or coworkers who can underline your exposure to asbestos during your service.
By identifying these gaps, you can proceed to gathering and submitting the missing documents to strengthen your case.
3. correcting errors or omissions, such as
- incorrect or incomplete service records related to asbestos exposure
- mistakes in the medical records, such as misdiagnosis or a lack of connection between the exposure and the disease
- missing medical evidence from specialists that could help show your condition is service-related.
Correcting such errors could help either reopen your claim or strengthen your appeal.
4. reviewing C&P exam results - these results will be key in evaluating the severity of your asbestos-related disease and whether there is a clear link between your condition and military service. By reviewing these results, you can check if:
- the examiner adequately described your symptoms
- the connection to the service was established correctly
- the C&P examiner considered all the relevant factors when assessing your condition, such as your history of asbestos exposure and existing diagnostic tests: chest X-rays or pulmonary function tests
If any of this was missed or misreported during the examination, it could be critical when appealing the decision.
5. strengthening appeals or new claims - in case of a claim denial, reviewing your C-File allows for:
- building a stronger appeal, whether through a Higher Level Review (HLR), a Supplemental Claim, or a Board Appeal.
- requesting an increased disability rating if the original rating does not reflect the full impact of your condition.
- using the evidence in your C-File to demonstrate that the VA failed to properly consider all aspects of your condition or the link to service.
To get your C-file, you do not need a specific VA form; instead, you must submit a FOIA request.
What Is FOIA, the Freedom of Information Act
FOIA is the federal law that gives veterans the right to request access to records from any federal agency, including the VA. To obtain their C-file, veterans must submit a FOIA request, as the VA treats it as a federal record protected by privacy laws. Even though it's a former service member's personal information, the VA cannot release it without a formal written request, and FOIA is the standard legal process for such requests.
It's important to note that starting in January 2025, veterans can no longer email their FOIA request form to get a copy of their C-File. Instead, the VA offers three easy ways to submit the C-File request:
- online submission: fill out the VA Form 20-10206 and submit it through VA's QuickSubmit Tool
- fax the signed form to 844- 531-7818
- mail a printed & signed form to: Department of Veterans Affairs Evidence Intake Center, PO Box 4444, Janesville, WI 53547-4444
Veterans can monitor the FOIA request through the VA.gov, where it will be listed as an open claim titled "Freedom of Information Act / Privacy Act Request" or by calling the VA Hotline 1-800-827-1000. The general processing time for most requests is 12 to 18 weeks, though delays can extend it to 12 months, depending on the size of the file and the VA's current workload.
You Can Get Compensation From Both VA Disability Benefits and Asbestos Trust Funds
In addition to seeking VA disability benefits for asbestos-related conditions, veterans may also be eligible for compensation through asbestos trust funds. These funds were created by companies that manufactured asbestos-containing products. As many of these companies filed for bankruptcy, they established trust funds to provide compensation to veterans who developed asbestos-related illnesses as a result of their exposure during their military service.
Asbestos trust fund compensation isn't considered "double-dipping" for the same illness, allowing veterans to pursue both for comprehensive financial relief of medical bills and living expenses. They are another form of financial support for veterans diagnosed with conditions such as:
- pharyngeal cancer
- colorectal cancer
- mesothelioma
- laryngeal cancer
- esophageal cancer
- urogenital cancer
- bronchial cancer
- lung cancer
- gastrointestinal cancer
Unlike VA disability claims, these claims are processed outside of the VA system and are handled directly by the asbestos trust funds. Moreover, while for a VA asbestos claim, evidence is needed that a veteran was exposed to asbestos, the asbestos trust funds do not require such a burden of proof. For filing claims, it's enough that veterans worked in a building, ship, plane, or facility that contained asbestos, or that they had a job that involved working with asbestos materials.
We Offer Immediate Assistance for Veterans Harmed by Toxic Exposure
Veterans and their families deserve the financial support they are entitled to, and a lengthy, complicated claims process shouldn't be a hindrance. However, having the correct information when filing a claim is crucial, and help from a legal specialist might be the best choice.
Moreover, navigating the process of seeking financial compensation is quite overwhelming, as it involves gathering documents, proving exposure, and meeting strict deadlines. An experienced attorney can take this burden off the veteran's shoulders, leaving more time and energy for healing and family time. We offer immediate assistance for veterans exposed during military service by connecting them with lawyers specializing in toxic exposure who are ready to guide them to secure the deserved compensation.