Informal Claim

[Zechs]

To set my effective date through an informal claim, I know I need to state what condition I'm filing for on a form 21-4138, but do I need to state the symptoms or go into any greater detail?

I'm still gathering evidence, so I don't want to trigger a full claim at the moment, just stake an effective date and my intentions on formally filing within a year.

[meghp0405]

My normal initial claim took over 2 years. But remember Meg is talking about the Fully Developed Claim (FDC) program which I have one in I submitted Dec 26th 2012 with all the paperwork and there is already movement on it. The VSO's here say they usually complete the FDC's here in Phoenix in 90 days or less, even shorter if you submit the DBQ and IMO with it. Regular claims or NOD's forget it join the crowd and wait for ye

Edited January 8, 2013 by meghp0405

[meghp0405]

Meg

I dont know what RO you are in, but at my RO "There is no such thing as a 90 day claim (awarded)." Oh, you may be able to get a denial, in 90 days, but then it takes 4 years to appeal it to the BVA. For most Veterans, less than 15% of claims are fully awarded on the first RO decision.

The "old" guys know that 90days is not possible but the newbies...they may count on the money in 90 days and they are going to be rudely disappointed. Personally, I applied in 2002, denied in 8 months, AND THIS APPEAL CONTINUES for more than a decade. Mine is not unusual, the typical 100% Vet waits a decade through appeals to get his benefits.

I have been to the BVA TWICE and now its onto the CAVC. Incredibly, I won at the BVA once and the RO refuses to implement EITHER of my BVA awards (Both were partial/full awards).

The "90 day claim" hogwash is usually perpetuated by VA execs who are trying to justify their bonuses. We know better.

All this being said, there are a few limited RO's that may be able to process some claims quickly. Probably Idaho, and some under populated states. Forget it if you live in California, Ohio, and dont even think about New York. There is a great disparity between Regional Offices, which, is in credible considering that the RO's "farm their claims out" (which usually results in additional delays) to less busy states. Even with farming them out, if you check the statistics, there is a wide variation among RO's. By the Way, my claim has been Farmed out to Philadelphia, St. Pete and Roanoke, all of which resulted in additional delays.

If your appeal winds up at AMC...you may as well forget this as you wont see anything for 10 years, that is, if they dont lose your claim altogether, which they have done to me, al

[meghp0405]

"For most veterans, less than 15% are fully awarded on the first RO decision" How and where do you obtain your stats from? I'm extremely curious now! for most veterans, what number do most veterans represent? Then you obtain 15% from that number? dude, where do you get your inside information? Just one word, WOW!!!

[meghp0405]

Well, Meg:

If, in fact, the VA is doing FDC claims in 90 days...ACROSS THE COUNTY, then we would see a reduction in the backlog...but we have not. In fact it continues to get worse and FDC is just one more unkept government promise and program, or, at least, a promise that is kept "some of the time". It may have even worked in YOUR RO for a while, but I have SERIOUS DOUBTS it is working nation wide. Why do I say this? I have heard way, way, way, too many promises coming from Sec. Shinseki. For example, he said he would "break" the backlog in 2010. Now, the promise has been moved to 2015, which is a convienient number for him because he will be leaving as a new president will be elected in 2016, and they would be a fool to keep Eric after he could not keep his promises.

Here is where Shinseki promised to end the backlog in 2010, in case you forgot. I didnt.

http://www.legion.org/veteransbenefits/90664/shinseki-backlog-will-end-year

If Vets COULD get their claim done in 90 days by submitting an FDC, then there would be such a rush to do so, they would no longer be able to keep up the 90 day promise.

we haven't seen a decrease in claims due to those returning from Afganiston and Iraq (and yes even though we are out of iraq) still have claims coming in. The whole story by shinseki is all made up any way (my opinion) he doesn't even know how much his staff is paying on parties let alone knowing any stats on backlog of claims...

[meghp0405]

Cham

I recommend:

Do not "refile" as an FDC. You have already filed, and cant reset the clock. Filing again will only confuse VA. However do this instead, in this order:

1. Send an Iris email inquiring the claim status. They could have lost the whole thing, then you will have to refile. It happens, FDC or no FDC.

Keep a record of their email response.

2. Call the 800 number and ALSO inquire the status. Also note what was said, along with time and date, and keep those records.

3. Since 2 years is too long for an initial claim, your address may be incorrect, and you may have a decision but it was not recieved by you for whatever reason. Check to see if your address is correct on ebenefits.

4. Send a 21-4138 documenting that you filed two years ago for xxx benefit. Ask AGAIN for your claim to be adjuticated, referencing your original 2 year old claim.

5. Wait a couple months for responses to the above.

6. If still no answers, file an "intent to file a writ of mandamus".

7. Finally, still no answer file a writ of mandamus.

start demanding!!!!!! that will fix everything! these folks that answer the phone at the 800-827-1000 number, they don't know anything about claims other than was is written on the screen.....

[jbasser]

Broncovet, I hope you have a new meter as your paranoia has got the best of you.

I figured it would one day. This veteran is the real deal He is a trained VSO who makes his living doing this Job.

The Quick claim is real. It was explained to us. The claim has to be fully developed with no add on items or it gets kicked out of the program.

This man is an asset and If I were you I would listen to him, not berate him. He is sitting on a wealth of knowledge. In my opinion he is sitting next to the golden chair.

Basser