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    • YIPPEE!!!!!!! This sounds like maybe you used my favorite tactic--GCY VA- "Go CUE Yourself VA." He he. If a decision contains a legal error to a claimant's detriment, it can be much faster ( in some cases) to ask them to CUE their decision because otherwise the error stands until maybe it is resolved with a NOD, DRO , etc etc etc.... If they do not react favorably however on this type of request or Reconsideration Request, and the NOD date looms close, it is still  imperative to file the NOD. My SMC CUE retro took 9 years...but my last GCY Cue took mere weeks (maybe just days--because -I raised a ruckus with the Director of my RO on that one because it again involved probative evidence that they completely ignored and the posthumous so called C & P was prepared by ,in my opinion, someone with NO medical background at all. I believe VA makes many errors in retros and certainly in violating 38 CFR 4.1 et al ( to include the great 4.6 part). If VA can use CUE  against us, -which they try to do to reduce vets sometimes,then we can use the same regulation against them, if their legal error has cost us cash. THIS IS GREAT NEWS Gastone and I want to thank you for all of the outstanding advice you give vets here. You have helped Many and my Thank You is long overdue to you! Enjoy this  Victory!
    • I think were all special Hamslice  
    • NOD- Notice of Disagreement.The DAV sounds very supportive of this. Still ,if the VA does not favorably resolve this and the NOD one year deadline looms close, you must file a NOD at that point. You have good evidence and fortunately the "knee pain" diagnosis was changed to bursitis. They still need to give you a C & P exam,unless maybe the ortho doc's opinion was recent and thorough enough to cover how they could rate this.??? That is concerning. But ebenefits is not always a reliable source to track this stuff.
    • Funny thing is...when I went to my appointment yesterday  the clinic was like a empty clinic  not very many veterans was even in there , this was 1:40 pm most of the examining rooms were empty. and a lot of the clerks, CNA's, Dr's /Nurses were getting off duty (1:30pm?) What BS Shape our VAMC System is in.  eh! ................Buck
    • Yes sir I agree VA HealrhCare is not the best in America ,  just opposite of what President Clinton mention back in his day. I was told I had what looks to be oral cancer from a VA Dentist on 8-19-2016  he mention getting me an appointment with oral surgery clinic ENT Clinic...the earliest they could possible see me was November 24 th 2016 for a cancer screening and  Biopsy... I thought BS  I  got in touch with my PCP on myhealthyvet Secure Message..she mention she would see what she could do...never heard back, got in touch with  the Hospital So called Advocates ...little did that help, So I went to the Hospital Administrator and told him this was not Acceptable and just out right Ridiculous  and if you don't get me an appointment within a week...I will email/or I'll call Bob Mc Donald  Personally, he is the Secretary  of VA   (in case you don't know who he is ) and I'll tell him about this and a whole lot of other needless shit that's been going on Here in this VAMC. I said this is not a threat but a Promise. I got a call the next day to report at ENT Clinic on 24th Aug 2016  (which was yesterday)  they all were super nice & they did a Biopsy on me and set up a follow up appointment (Results of the Biospy on Sept 1-2016 For this very reason and about a 100 more is why I seek other private insurance. ...................Buck





bhoward422

5103 Waiver Review

6 posts in this topic

The VA out of Janesville Wis. contacted me about 5103 Waiver review which is no more than the release of information form and stated when sinning and dated it return it back to the Janesville Wis VARO does anyone knows whats happening here in which I have responded that all information has been sent forward and told them to proceed by checking the appropriate boxes on the form does this mean that your claims will be decided upon? the letter was mailed to me on 06/14/2013 return date by 07/19/2013 date I mailed it on 06/25/2013.

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They are wanting to know if you have all your information and have nothing else to submit. If no other information then next stop exams, if not done, or ready to rate. Jmho

"The Benefits of a Paperless Claim

February 13, 2013 by Jim Thomas"

http://www.blogs.va.gov/VAntage/8736/the-benefits-of-a-paperless-claim/

The above explains vbms and below explains 5103. 5103 is the new "fancy" way if calling va previous vcaa letters/ DTA (duty to assist).

Guessing you just started a claim and got your first letter. That is what the above and below are and an explanation. Good luck.

http://www.scribd.com/mobile/doc/132873310

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They are wanting to know if you have all your information and have nothing else to submit. If no other information then next stop exams, if not done, or ready to rate. Jmho

"The Benefits of a Paperless Claim

February 13, 2013 by Jim Thomas"

http://www.blogs.va.gov/VAntage/8736/the-benefits-of-a-paperless-claim/

The above explains vbms and below explains 5103. 5103 is the new "fancy" way if calling va previous vcaa letters/ DTA (duty to assist).

Guessing you just started a claim and got your first letter. That is what the above and below are and an explanation. Good luck.

http://www.scribd.com/mobile/doc/132873310

No I have other claims in it's that the VA always uses different terms you are right it is another way by refering to the VCAA letter duty to assist thanks

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I have recently had this issue brought to me by a couple of veterans that I submitted a fully developed claim on. yes, you are correct, this is another means for the VCAA letter but my concerns are this; why is the VA sending this info to veterans that have submitted a fully developed claim? A fully developed claim means just what it says, fully developed and nothing else to add.

is this a ploy by the VA to encourage the veteran to send documentation back that would automatically take the veterans claim out of the FDC status? I have been seeing a lot of this lately. After receiving additional advice from an individual I know that is a reviewer in the claims process, she told me to NOT have the veteran send anything if a FDC has been submitted.

Once again, another tactic by the VA to screw the veteran. When will this madness end?

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I have recently had this issue brought to me by a couple of veterans that I submitted a fully developed claim on. yes, you are correct, this is another means for the VCAA letter but my concerns are this; why is the VA sending this info to veterans that have submitted a fully developed claim? A fully developed claim means just what it says, fully developed and nothing else to add.

is this a ploy by the VA to encourage the veteran to send documentation back that would automatically take the veterans claim out of the FDC status? I have been seeing a lot of this lately. After receiving additional advice from an individual I know that is a reviewer in the claims process, she told me to NOT have the veteran send anything if a FDC has been submitted.

Once again, another tactic by the VA to screw the veteran. When will this madness end?

Which FDC form are you submitting? Are you submitting guard records for guard and reserve? And sometimes the vsr does overdeveloped and send the WTeMS the veteran is supposed to have received by signing the FDC certification.

I'm seeing a lot of claims coming in on the feb 2010 form which is obsolete. I'm also seeing a lot of guard and reserve claims coming in without strs and if the vs has to go out to the unit ( which in average is more than three attempts because guard and reserve units are stingy with the strs) they are excluded. I'm also seeing a lot of FDC forms filled out with the back box checked that they do not want to participate in the program yet full out a 526ez. Also I am seeing FDC without a stressor attached and no confirmed medal. These are just a few. Sorry you are running into that problem. Jmho

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I have recently had this issue brought to me by a couple of veterans that I submitted a fully developed claim on. yes, you are correct, this is another means for the VCAA letter but my concerns are this; why is the VA sending this info to veterans that have submitted a fully developed claim? A fully developed claim means just what it says, fully developed and nothing else to add.

is this a ploy by the VA to encourage the veteran to send documentation back that would automatically take the veterans claim out of the FDC status? I have been seeing a lot of this lately. After receiving additional advice from an individual I know that is a reviewer in the claims process, she told me to NOT have the veteran send anything if a FDC has been submitted.

Once again, another tactic by the VA to screw the veteran. When will this madness end?

Thanks, Meghp, for the outstanding advice on this! Having read the fast letter governing the 5103 waiver, it seems as if they're not supposed to take the claim out of FDC status if a responding veteran provides additional information or a release form to go out and get records. However, one never knows if there isn't another SOP, instruction, or regulation hiding elsewhere that overrides the fast letter's instructions. In my own case, having just received the 5103 waiver letter in the mail today, I'll get it returned without any additional records, which should be on file with the VAMC anyway and therefore accessible by the RO.

Good question on the madness. Somehow, just seems like we're in this for the long haul... Remember, we're costing them money.

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