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Dingess /hartman Letter Found In My Files



I did not return this VCAA notice response because it came from the RO and my claim is with AMC. One year expired on March 20th.

Should I send this to AMC now or do something else.

Is AMC looking for this signed notice before they continue processing my claim?

My claim went to the ratings board in March and it was sent back for further development. They wanted medical records from a deceased doctor and the records were destroyed. I told them that in a letter to BVA in 2003. I recently, faxed AMC the documents verifying that the records have been destoyed.

I have a statement from my sister that I was seen by this doctor during the years in question.

The plan was to sign and send in this notice with my sister s letter and check the box "I have no other information or evidence to give VA to substantiate my claim. Please decide my claim as soon as possible".

Or should I write a separate letter with this same language in it. I have a feeling the AMC rater sent this back because this Notice was not in the file.

Edited by hurryupnwait (see edit history)
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  • HadIt.com Elder

If you didn't sign and return the VCAA response notice, the VA would have simply waited the 60 days before they proceeded with the claim. The one year you're referencing is the time allowed to submit additional evidence if the VA in the meantine decided adversially on your claim.

For example, let's say the the VA sends you the VCAA letter on Jan 1, 2007, and you do not respond. Then VA denies your claim(s) on April 1, 2007, for lack of evidence. You, still have one year from the date of the VCAA letter or within the one year appeals period, whichever is later to submit evidence, and if the evidence submitted changes their prior decisoin, the original effective date of the claim would be retained.

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