Is This A Delay Tactic?

[bowright69]

My husband filed for IU back in December, he received an increase from 60% to 70% about a week beforehand. In January, somewhere around the 20^th, he had his C&P exams. Well today we received a letter from the RO, here is what it says….

”We are working on your claim for IU, to include a claim for increase in the following service-connected disabilities:” (Then it lists what he is currently drawing for.) “We are writing to supplement the duty to assist letter dated January 15, 2009. As we consider your claim, you may submit evidence showing that your service-connected (list of conditions) have increased in severity.” They attached the rating formulas, release form and the statement in support of claim form.

A week after his C&P’s we sent the form saying we had no more information and to decide his claim. My question is, is this some sort of stalling method, and what do we need to do? I would hate to cause a delay, but the paper says reply needed.

[Pete53]

If you are satisfied with the info they already have you need to write and ask them to make a decision with the information that they already have.

Good Luck

Yes it is delaying

[broncovet]

Yes, it is a delay tactic. The VA hates the VCAA, and manipulates it to their advantage, when it was intended to benefit the Veteran.

Yes, you need to send the VCAA form in or your claim will be delayed, probably indefinitely. You have pointed out one of their manipulations..."The Veteran never signed the VCAA letter" so we are waiting on more evidence.

This is one of the problems with Pro-Veteran legislation..the VA manipulates it because they are mad at the very idea that they need to give Veterans good service, and, instead want it as "business as usual".

I think the VA goal is to spend $10 in paperwork and administration for every dollar the Veteran gets in compensation. If this were a private non profit, they would be tarred and feathered and ran out of town, like other corrupt non profits that keep 90% of the money raised and only give 10% or less to the people they are supposed to be raising money for.

Edited March 20, 2009 by broncovet

[bowright69]

So we should send in the form 21-4138, stating that we have no other information. They didn't send the VCAA form this time, only the 21-4138, 21-4142 and the General rating formula's. I made sure he signed everything before sending these in last time. I can't believe I didn't make a copy of it!

[LarryJ]

yes

[samclemmons]

Question: Once they sign the form saying they have no more evidence to add to the claim... if new evidence comes to light afterward can they still send it?

[broncovet]

Yes, you can still send evidence, however, in theory it could be too late for it to be considered for that decision. In other words you send more evidence, then find out your claim has already been rated and a decision is on its way. If that happens, you can file a "motion for reconsideration" to have the "new" evidence considered.