ptsd Fully Developed Claim Timeline

[Navy04]

My VSO submitted a Fully Developed Claim to have a few of my Condition %s increased. I have two questions: one is it true that FDC timelines are typically 6 months for completion? and two I already had good original evidence with initial claim, as I was Medically retired from the Navy in February this year, or should I submit my continued treatment and new evidence? My VSO says that I should be fine, and if I submit new evidence, My claim can go from FDC to traditional claim and it take forever. What is the best action for me. I am 80% SC and my Conditions are listed below.

Crohn's Disease 30%-Requesting Increase (Unstable)

PTSD 30%-Requesting Increase Current GAF(45)

Migraines 30%

Scars 30%

Cranial Nerve Damage 10%

Tinnitus 10%

Hearing Loss 0%-Requesting Increase

Right Knee Two Surgeries 0%-Requesting Increase(Referred to Ortho Last Week, Possible 3rd Surgery)

Edited October 26, 2013 by navy04

[JT24usn]

It is true that if you submit evidence after the FDC has been submitted you will be excluded. He should have submitted that with your claim. Plus varo will/should ask for an exam anyways for the increase. Jmho

My FDC was submitted August 29 and decided oct 1. Hopefully yours will pan out.

[Navy04]

T8r,

Thanks so much for the quick response. I am so nervous, we are all so used to getting screwed. I have an Ortho consult here soon and might have my 3rd right knee surgery and my 1st on my left knee. The VA gave me 0% for my Knee last time, and as you can see I have ongoing Knee issues. My Crohn's was and is unstable that is why the Navy retired me after 9 years active and multiple deployments, yet the VA and Navy gave me 30%. My GAF is currently at 45, was either 42 or 45 last time and the VA gave me 30%, even though C%P examiner rated everything Severe and impairments in most areas. On hearing VA stated I had hearing loss in both ears and they gave me 0%, even though they sent me a letter stating that during the exam their Hearing Machine was out of calibration. Please wish me the best, as I do you. Thanks again.

[meghp0405]

what was the date of your initial rating decision from the VA? I would not of submitted an FDC. You are still within one year of the date on your rating decision, a Notice of disagreement (VA FM 21-0958) should of been submitted. It does not meet the criteria of an FDC. If you are past one year then a FDC for an re-evaluation would be in order with the proper/additional medical documentation to support your claim.. Don't be surprised if the VA sends you a letter requesting your intentions. Again, if you disagree with the initial rating and it's been within one year, an NOD would be appropriate not a re-evaluation.

The VA is doing away with GAF scores for all mental health conditions. They just released a FAST letter stating so.

concerning your knee and your possible 3rd surgery. The VA will determine the disability % by a range of motion test using an goinmeter. You can have 10 surgeries on your knee, all that matters is the ROM. If your knee doesn't already have arthritis, you will develop arthritis eventually and that would become a claim secondary to your knee condition.

hearing loss, check your hearing exam results. There are five blocks beginning with 500 and ending with 4000. The first 3 blocks (500, 1000, 2000) have to have a 45 or higher, you then need a speech discrimination test with the results being 86% or lower. Your results will be tabulated using Table VII, 38 CFR 4.86 which then will determine your hearing loss. The VA has made it difficult for a vet to receive compensation for hearing loss, unless of course you meet the criteria.

As for the crohn's disease, you have been awarded 30%. There are several symptoms that the raters will review to determine your overall %, ie; episodes of cramping, chronic diarrhea, bloody stools, weight loss, eye pain, gallstones, and frequency of attacks and any immobilization periods. These all have to be documented by medical records. They are then determined to be either a mild, moderate or severe condition which also determines your overall %.

yes, like it has been already stated, if you provide additional documentation after a FDC has been submitted, it goes into the normal claim processing. The time frame for an FDC is determined by several different issues; how many contentions are on the application and the VARO. The quickest time frame I have seen for a FDC is 8 days, the longest, 8 months.

Good luck...

[rootbeer22]

Folks:

It's interesting and I've learned a great deal about the disability process this year. I wish I would have learned more before I submitted my FDC claim as I would have done a few things differently. My FDC is still just under 'Review" now at 120 days or 4 months? I submitted absolutely "all" of the evidence that was ever generated both military and civilian clinics and 14 DBQ's for my 20 contentions. My intent was to make it extremly "easy" for the VBA Raters to adjundicate my file but I fear I may have done just the opposite by listing all of my contentions as directed by my VSO? Recently, I talked to my her and she said that VBA is sill gathering evidence on my claim? Not sure why because I provided 'everything" that was out there anyway? My VSO has not been much help and I've learned that that was my first mistake by selecting someone who was not very well educated about the disability process. She has little idea about what's required and has not been helpful at all? I put together what many people told me was the most detailed claims package they have seen, but so far, it's had no impact on speeding up my FDC at all? I think because I have 20 contentions listed that my FDC is not having any movement now and is in the "slow" lane? So does anyone have any suggestions or ideas beyond just being patient at this stage of my claim? I don't want to "bug" the Regional Office because it may become counterproductive at this point. I asked for a copy of my C-File...but have been told that that action can actually delay the process. However, many Vets have said that it's very important to ensure that everything ended up in a Vets C-File or Vets may regret it if something critical is missing from their files...If I had more confidence in my VSO, I would propably just let it go and wait for a decision?

Edited October 29, 2014 by rootbeer22