5103 Waiver Review And Fdc

[AfghanVet850]

I filled a FDC in Feb and it is still in the preparation for decision phase. I checked today and they have requested a 5103 waiver review from a third party and a new contention VBMS (New) has been added. What is going on?

[meghp0405]

during the review of your claim, an additional disability was found. The VA wants to know if you have any other medical documentation to provide. But, the minute you send them anything, your claim goes from an FDC to a normal claim.

This may sound crazy, but I tell the veterans that come in and see me the same thing, don't do anything, let VA make their decision and you can then proceed from there.

The rating decisions that I have reviewed, from giving this advice, they came back with a statement stating something to the effect " we notice that you have (whatever) and we recommend that you submit a claim for this/these disabilities.

So again, I would recommend doing nothing right now.

[AfghanVet850]

Thanks meghp0405 you are great help

[TiredCoastie]

during the review of your claim, an additional disability was found. The VA wants to know if you have any other medical documentation to provide. But, the minute you send them anything, your claim goes from an FDC to a normal claim.

This may sound crazy, but I tell the veterans that come in and see me the same thing, don't do anything, let VA make their decision and you can then proceed from there.

The rating decisions that I have reviewed, from giving this advice, they came back with a statement stating something to the effect " we notice that you have (whatever) and we recommend that you submit a claim for this/these disabilities.

So again, I would recommend doing nothing right now.

Thanks from me, too. I've got the same situation and didn't understand the waiver review passed on to a 3rd party either.

In my case, I just had another TIA...which is one of my claimed disabilities for which I've requested reconsideration...and was hospitalized for a day. I've got hospital records I could add to the claim, but am afraid to do so in that it will slow the claim down from what ought to be FDC-speed to normal speed. Being treated in an outside hospital, the records were delivered to the VA PCP just before the claim went to "gathering evidence" with the 5103 waiver statement and a development letter being sent (and not yet received). Do you think the RO will pull my latest VA medical treatment records which ought to include this set of records? Or should I bite the bullet and submit the hospital records?

[harleyman]

If you have filed an FDC claim and you want your claim to continue to be processed as an FDC CLAM, DO NOT send the VA anything having to do with your FDC claim. The minute the VA gets anything, including a VA FORM 27-0820, which documents a telephone call asking the VSR or RVSR a question about your claim, (other than when will it be completed) will KNOCK YOUR CLAIM OUT OF THE FDC PROGRAM and your claim moves to the regular claim process. Do Not send in records, all extra information received will exclude your claim from the FDC program.

The information about 5103 is not totally accurate. I am planning a post with regard to 5103 and the up's and down's and in's and out's about this topic as soon as I can.

[TiredCoastie]

Thanks, Harleyman. That's great advice. Based on my VSO's advice, I submitted my 5103 form with a statement that all my records were held by the VAMC where I receive treatment...after I ensured all records were sent and in the VAMC's possession.

[BIGGIEWAGZ]

Just to be clear send the VA nothing other than a statment that all record of treatment are in the possesion of the VA and I have nothing more to add to the claim?

I need to follow this site more often. Though thats a little tough as I am a single parent...lol.