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5103 Waiver Review

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john999

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I submitted one in July of this year at their request. It is just a process letting them know you have given them all your info for your claim and they can proceed to decision. I must admit my claim picked up right after I sent the document in to them and closed 2 months later. JC

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Sorry, I know this is an older post, but I had question as well...My ebennies is showing that they never received my 5103 as well. I am in Preparation for Decision, and IRIS has told me that they have all my C&P's. Should I fill one out and send one in? I've been in Prep since January 23rd.

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I called the VARO and made a sworn statement that satisfied the 5103. I look on Ebenefits and I am still at "Gathering Evidence" stage even though I told the VA twice that I have no more evidence. The VA told me that Ebenefits might not show that anything has happened. Also, the VA called my claim for an increase a "NEW" claim. I thought I was filing a FDC. All my evidence is at the Tampa VA Hospital. The VARO is in St. Petersburg 20 miles away. I can't believe it takes it takes 7 months to get these records from the VA. This is not a big deal since I am asking for an increase in rating from 10% to 20% based on fact I now take oral medications to manage glucose levels. This is what separates 10% rating from 20% rating. Next is use of insulin and restriction of activity. I could have done this claim in two hours I think. I don't need a C&P exam since my records demonstrate the need for oral medications, and nothing more at this time. My feet seem to have gotten worse (PN) but I did not ask for an increase for my feet. I sent in my claim for increase in June 2013 and now the VA is talking about a September 2014 decision. I think I will go to my congressman to see what kind of &**&^-up answer I get from the VA.

John

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Really sorry, John.

Seems like the FDC process is a real problem if you don't hit all the wickets with the right hammer. By not sending in the 5103 waiver request form certifying that you have nothing else to add, they could have decided to move your claim to a traditional one. However, if there is anything else to add like your records at the VAMC...then you might get stuck anyway back in the traditional process....even though they held the records within the Department. They seem to want it a particular way or else...

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you do not have to submit a 5103 with a fully developed claim. When the veteran submits a FDC, he/she is verifying that all information has been provided. Read below the signature block on VA FM 21-526ez.

The VA has been sending these forms out to those that have a FDC in process. Once they receive your 5103, this is received as additional information and moves your claim out of the FDC process and makes it a normal claim.

basically, the 5103 is the old VCAA letter..

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