30 Days Is Now The Controlled Response Period For A Claimant To Submit Information

[allan]

Reason(s) for the change

To reflect that 30 days is now the controlled response period for a claimant to submit information requested during development of a claim.

http://www.warms.vba.va.gov/admin21/m21_1/...iv/06_20_08.doc

[allan]

Before you file a claim, you should already know what evidence is needed to win?

Really?

Are brain injured vets expected to put this all together what they need, gather it all up in less than 30 days and submit it?

I was told for years I need to get evidence. Never was told what kind would win my claim.

What I needed most was SMR's.

It took 30 years to get a few sheets the DVA didn't shred. They still refuse to acknowledge what they do have even exists. The IMO's I received from Dr Bash is based on these records. They don't recognize they exist & state it doesn't matter what I send them because they can't verify my SMR's are authentic. They hold the only copies of my service records.

Yes we are all so normal mentally, that we should be able to process our claims like an attorney from the get go? That is so unrealistic to believe that.

Maybe Veterans should, but the fact is they are not able to for the most part without assistance from someone that really knows whats going on.

[Berta]

No surprises here-

I posted this idea that was in the Federal Register many months ago- and urged vets to make public comment at the FR site-

In my comments-at the Fed Register web site I made the point that an IMO cannot be obtained in 30 days,nor a buddy statement, and for sure an appointment with a vet rep could take longer than 30 days for advise to conform to this proposed reg which obviously has become a legal reg now-

Still I agree with comments here-

if you get a legal VCAA letter and response form, the VCAA letter tells you exactly what you need-

many vets know already that they will need a buddy startement or a "more then likely" from a doc-etc.

[Teac]

I don't know... I think the thirty days is a joke..but I don't really seeing any problems complying with it.. I have received IMO's , within days of asking. and even medical records in days... I agree with rental if you know your claim it should not be a problem. I however learned after being burned once... submit all the evidence up front with the claim don't trust the va to get medical reoords or anything... do it yourself and it will be right the first time... then you don't have to worry bout no stinkin 30 days....

[Rockhound]

My resent claim is for an increase due to a SC Nasl Bone Fracture and Deviated Septum. I thought that my VA medical records whould demonstrate due to findings and treatment and what the C&P would obviously show. However, after seeing what the C&P examiner wrote, I new I was in trouble.

I had already turned in an IMO, but it was shown to me as being to broad and vague in its language to be much help. By the time I found out that the IMO Dr. would do not more for me, the time had been wasted on him going on vacation, then attending a three day siminar, then a week catching up with his client case load. Not only had 60 days gone by, but now I have a new problem.

Went in to see my PCP Dr. after finding out that no other specialist in town would see me without a Dr. to Dr. referal. When I asked to see my PCP Dr. or to forward my request to her, I found out she quit and that the whole medical dept of the psych dept. was being added to another dept., that it would be over a month before I could get an appointment. That if I had urgent needs to see ergent care. Medically speeking I have no urgent need, I only urgently needed the Dr. to Dr. referal.

Now my time to submit more evidence has past and my claim, as I have been told, is at the rater now being processed.

Is there any allowance for the Vet to ask for extra time? 30 days is nice, to help claims move forward it a perfect world, but we all know the VA is not perfect by a long shot. The VA will use this to either low ball or deny claims that will have to be appealed with the evidence you might have been able to get in 60 days, much less 30 days.

Here's another senarial. You get the VCAA notice, but for some reason the VA actually told the Veteran what he needed to prove his claim and he finds out, even after believing he had sufficiant evidence to prove his claim, the one piece of evidence the VA listed is not one of them. Knowing the VA, that without this one piece of evidence, they would more than likely deny the claim, even to the point of ignoring all your other evidence,

You are now faced with finding a IMO to get this piece of evidence, because the VA health system is surely not going to help you get it. You now have only thirty days to get this information to them before they continue processing your claim. The only recourse then is to hope you have the information by the time you need to submit a NOD or you then will have to appeal the decision, costing you valuable time.

But low and behold the VA is overjoyed, they have cleared another claim and their statistics go up for claims processed and done on time, of course this is but another paper shuffle and the Veteran is the only one who suffers.

I really thought my IMO would be my golden bullet, I told the specialist what I needed, provided him with the VA C&P exam guide to follow and even told him the all important language of stating as likely as not, more likely than not in his report of findings and diagnosis.

Besides what Berta and others have said about having your duck in a role, their are times when that is not enough and unless the Veteran can ask and get an extention on his time, he is faced with a probably NOD and an appear, with more time lost than the extra 30 days that would have helped him to rebut a bad C&P exam. Even the old 60 days may not have been enough time.

Not in favor of this and I am sorry to say, this is the first I have heard of this rule change. Not everone reads every post in this forum. I think when the make a proposal of such rules, they are required to send notices out by mail to each and every Veteran so the have a more pro active role in what the VA and others are doing to make it more difficult for the Veteran to get an actual speedy and proper decision.

Time will tell if this is a good thing or not, but I doubt it will be shown to be a good thing in the long run for Veterans.

Rockhound Rider :P

[rentalguy1]

Allan: does a vet have to be a VA laywer? NO, but I would hope that they are intelligent enough to get some help with the process. I mean, if they can find out how to file a claim, then they can find out that they either need to learn about the process, or get help, right? As far as TBI/mental vets, I surely hope they aren't blindly filing claims while not knowing what planet they are on. If they are, they are doing nothing but heading for heartache and clogging the system. That is where we come in. We need to seek out those vets that need our help. Will some fall through the cracks? Sure, but I really don't see this 30 day rule making that big of a difference.

[jbasser]

It would pay for a Vet to file the claim as he hands in evidence. The VA must be thinking the Vet has to wait to file before getting their evidence together. That may directly affect the Date claim was filed.

My only question is what the heck happened to the VCAA. Did they just toss it out as it made the VA responsible for obtaining records in the posession of the GOVT.

I dont like this one at all. It will cost Vets inth elong run.

J