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Duty To Assist Letter

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jecsb4

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I may have asked this before, but I can't remember...anyway the VA has several Dr statements which basically say I need anti-inflamatory / pain med, stay off feet as much as possible, wear orthotics and or braces (feet) and when I decide I can't tolerate the conditon any more to do surgery.

So why in the duty to assist letter do they ask for treatment plans, etc when they have the above info? Even VA dr says surgery most likley will be required in the future.

Thanks.

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  • HadIt.com Elder

The VCAA letter is a "cut and paste" piece of correspondence. We all get the same letter, and we all have wondered the exact thing. It's nothing to worry about. Good Luck!

90%, TDIU P&T

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I suggest to respond to the VCAA letter and election notice with exactly what they want- even if they already have it-

If the VCAA letter you get is deficient to the detriment of your claim- your claim will go to the BVA and then a year or so down the road,the BVA will remand it back for a re-do=to the same people who couldnt do it right the first time around.

I cant say this enough-

a VCAA letter is specific to your claim- that is it MUST be- in a highlughted and/or underlined statement that tells you exactly what evidence they still need.

If they fail to enclose the VCAA election form where you check box one or box two- your claim is doomed to the land of limbo-

because no matter what you send to them in support of your claim they will deny and say you did not respnd to the VCAA election notice-

which you didnt get-

because they didnt send it-

The VA has turned the VCAA into a War Game-but they have all the ammo and they control all of the intelligence-

VCAA letter:

1.MUST contain a statement that tells you exactly what you need to send them-that is SPECIFIC to the claimed disability )PelegrinoV Principi)

2.Almost always must contain a Dingess Hartmann Statement

Dingess/Hartman CAVC)

3. MUST come with a VCAA Election form- you check one of the 2 boxes, sign, copy, and mail with proof of mailing back to the RO.

Just check out the thousands of remands due to VCAA violations at the BVA web site to see what I mean.

Years wasted because the ROs do not comply with the VCAA.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • HadIt.com Elder

And if you file a claim and don't get a VCAA letter something is wrong! The VCAA letters I have gotten have been quite unspecific and poorly constructed. I got a VCAA for a CUE which does not make sense either.

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  • HadIt.com Elder

Let me rephrase...the VCAA Election form is cut and paste, not the letter stating exactly what you need that comes along with it. I apologize for any confusion my previous post may have caused.

90%, TDIU P&T

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What is this VCAA election notice, check box one or two??

:lol:

Are you a paranoid schizophrenic

if the ones you think are out to

get you, really are?

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  • HadIt.com Elder

It's the form where you check a box that says "I have additional evidence to submit. Do not take any action on my claim within the next 60 days," or "I have no additional evidence to submit." That's not the exact wording, but it's the idea.

90%, TDIU P&T

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