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Claim Never Decided

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RDT

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RDT

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Hi,

My wife had filed a claim back in 2000 after I had had my open heart surgery in a private hospital. She ask the VA to take over my treatment (which the did) and was seeking disability.

The only forms she has now on the claim is the consent to release information that has a date stamp on it from the VA. There is also a letter to the VA asking why the claim has not been addressed.

She also found a name and phone number to the person she spoke to at the VA about the claim.

She was more concerned with my health and the claim just sat there. I received medical treatment for CAD & IHD from 2000 until current on my heart from the VA.

Is this still an open claim or was it our responsibility to pursue the claim back in 2000.

We were happy just to receive the medical care that was needed to stay alive.

Seem like the VA requested the information and never did follow up on the disability.

Thanks

Paula

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broncovet Grand Master

broncovet

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If the VA recieves an "informal claim" either through the Veteran or his representative, the VA has a duty to send the Veteran a formal claim form.

The Veteran is required to show "intent to file for benefits" to establish the effective date. I would speculate that if your wife filed papers in your behalf, and you did nothing to prevent this, that would establish "intent" to file for benefits. Surely, a sick Veteran could ask his wife to fill out paperwork for him. I think Carlie is right that it should have your signature..but I dont know what would happen, if, for whatever reason, you could not sign the document.

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Chuck75 Grand Master

Chuck75

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Since you were hospitalized and in the VA's care, this along with the other paperwork, may help your case. The VA is very likely to take the position that you did not follow through,

and try to force you to file a new claim with the resulting effective date of the new claim. If you were to do so, and obtain an award, you still have the option of of NOD'ing the effective date.

I'd say that you will likely have a bit of a fight ahead over the 2000 date. Also, there are some peculiarities, since IHD, CAD, etc. are covered by Nehmer, if you met the various conditions.

This can change some of the award date considerations/entitlements.

Edited by Chuck75
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