Vcaa Or What?

[lu12]

I received this letter back in 2006 from the AMC. There is no place In this letter where the AMC states that this is a VCAA letter or where you can refer as such. Is this the proper procedure by law to notified a veteran about a VCAA letter?

Now in regard to an EED issue in this letter, could early manifestations (S&S) sings and symptoms of a SCD can be related to the second fact described below?

How VA Determines the Effective Date

If we grant your claim, the beginning date of your entitlement or increased entitlement to benefits will generally be based on the following factors:

• When we received your claim; or

• When the evidence shows a level of disability that supports a certain rating under the

rating schedule or other applicable standards.

Any advise will be appreciated,

lu12

Copy_of_2006_VCAA_or_what_no_ID.doc

[lu12]

As we are trained, and as I personally understand it....Yes. There are NUMEROUS conditions that carry "one year" presumptive periods for manifestation of a disability to at least a 10% compensable level. If you don't file for it within that period you will get a "date of claim". There is a list of many conditions that carry longer periods of presumptive manifestation, and then there are just spotty conditions here and there that you will find having longer periods of presumption.

Many of you may already know, but 38 CFR 3.307 through 3.311 lists several of the "exposure" conditions. There is a great link to the CFRs here: http://ecfr.gpoaccess.gov/cgi/t/text/text-...fr3_main_02.tpl

Forgive me if I didn't answer your question...

BTW... before I forget this... Many of you are going to start seeing brand new VCAA letters. We just had a HUGE change and the letters are scaled back so that they are not quite as redundant. They are shorter on average, and the wording in the WEMS seems to have changed up a bit. There are also new WEMS for a couple of things (New and Material and S/C Death to name a couple).

Remember, if your letter does not contain WEMS, it isn't a true VCAA letter as I understand it. The time limits cannot be enforced if the WEMS are wrong or missing.

Then I did not received a VCAA, but they said that is what it is, now I'm really lost here:

How VA Determines the Effective Date

• When we received your claim; or

• When the evidence shows a level of disability that supports a certain rating under the

rating schedule or other applicable standards.

What is WEMS ?

Thank you, Meddac,

lu12

[Meddac]

Meddac - What is WEMS ?

carlie

Sorry about that.... VA Lingo. WEMS - What the Evidence Must Show. There are Service-Connected WEMS, Increase WEMS, Secondary WEMS, 1151 WEMS, Special Monthly Comp (SMC) WEMS, Pension WEMS, and so on for as many different types of claims there are. They are what enables VA to lawfully enforce time limits. Forgive me. They are as steeped in red tape as you can imagine, and "loopholed" like nobodies business if they are wrong.