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

[Stu Sanders]

I had to ask for a 180 day extension on my first set of claims as I was still drilling with a Guard unit and had to fight through the unit to the state for records and for MRI's thru my personal insurance.

The VA granted it, and when it was over rated me a month later.

[Wings]

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I think they should accept supportive evidence up till the last minute of the 11th hour, before they make a decision. If the BVA can do that, then the VARO can likewise be pro-claimant, non-adversarial, friendly --more warm fuzzies pleaze !! ~Wings

[Ricky]

hahahahahahahahahahahaha 30 days hahahahahahahahahahahaha. Just think back when you got them letters which said"you have 60 days to provide additional evidence, if not then we may decide your claim yada yada yada - now how many of you are still waiting 18 months 5 years, more for that decision they were going to make on day 61. When they change it to 30 I don't see any difference. Now not saying it could not happpen - they decide the claim in 31 days after you receive the letter for only a fool would be firm on something they do not know for sure or have any control over, HOWEVER comma, I would not hold my breath! And as always you can submit evidence at anytime the claim is pending.

With that said I agree with all the others, make sure your claim is complete before filing it. Do your research, talk with your doctors, get their statements before filing. If you know there are records out there somewhere, don't expect the VA to get them and don't wait until you are asked for them before you attempt to get them (this goes for VA medical records also - even if the hospital is within walking distance to the VARO!). Use the old standard for filing a claim before the VCAA came along. Be ready and make sure you load your gun before going hunting. If you go hunting without loading your gun and simply carry your ammo in the ammo pouch then you are probably going to miss that big one just trying to get the damn ammo out to load you gun.

Edited July 30, 2008 by Ricky

[purple]

tssnave...you talked about having to go back and get records from previous docs (both civilian and VA)...i'm sorry in advance if i sound harsh; but this was my point exactly that all records must be sent in the first time with the initial claim, then, then issue is avoided.

if claims were sent in with all the required documentation the first time, i'll bet the processing time would improve.....maybe even a little bit.

[tssnave]

Purple,

No offense taken, in fact, I agree with your comments that everything should be turned in with your initial claim. This fact really brings home my other point that many times vets simply do not know that's what they need to do. There are many reasons a deserving vet would not turn in their paperwork in total up front:

- Ignorance, as it was in my case, and a sincere belief that the VA was going to walk us through our claims

- Lack of education (how many young troops are getting in w/ education waivers these days?) and understanding on how to research, read and apply VA regulations

- It could be that the vet doesn't have access to the VA, especially through the internet (poverty still exists in America as does homelessness - how many homeless pysch vets have a valid claim but don't have the access and wherewithall to submit a claim much less an address to run the paperwork through?)

- The vet is not techno-savvy which severly limits his access to information about VA - no VA website, no hadit, no vawatchdog.org......

- The vet is elderly and has no family advocate

- The vet is mentally disabled, has demintia, TBI or other neurolocical issues that impede his ability to process information (it always amazes me that the VA makes up do a legal and admistrative job to apply for IU when we obviously can't work for one reason or the other, the irony is hilarious to me).

- The vet has any number of physical ailments that prohibit him from functioning well enough in any given 30 day period to not be able to meet this requirement.

It is for these veterans that the 30 day rule should be abolished, not for most of us on hadit who have acess to the internet and know how to use it, can read and write on at least an 8th grade level, and function well enough off and on to at least attempt to do our claims ourselves.

It is the veterans who ARE NOT on hadit that need help the most. At least here we have a team of buddies to help us out.

Well, I think I said in an earlier post I'd get off my soap box and will apologize for stepping back on it. It's just that I spend weeks where I can't do diddly squat and I know firsthand that the 30 day rule could really murder my claim if I were still in the middle of it (or worse, if I go another round with the VA).

Thanks,

TS

[danang_1969]

I don't know what the motive is or shortening this time frame. Even if sign and wave

any additional information it does not appear to speed anything up. I take it this only pertains to when they send the letter saying, " What we need from you"

Usually when they request this additional info, they know it is a 40 year old probably next to impossible or unobtainable records and if you the vet could obtain them he would have sent it the in with the initial claim.

Edited July 30, 2008 by danang_1969