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Are They Screwing Me With Fdc?

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killemall

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In June 2013 I put in several claims through the regular two year process.

Today I got a letter in the mail saying Im in the FDC program and that if I submit evidence my claim goes to the regular two year program that I thought I was in anyway.

I have a mountain of evidence to submit so.not submitting isnt an option.

My question is this...

Do I lose my past seven months of retro once I submit my evidence?

Im really feeling screwed here. I never said I wanted FDC to begin with.

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did you not submit your evidence with your fully developed claim? If you now submit any documentation to your claim, it will be taken out of the FDC status and enter into the normal claim status. Your effective date as already been established when you submitted your claim. You will not loose your effective date.

If you think the medical documentation is crucial to your claim, it's going to be your decision on what to do. Submit it, lose your FDC status. Let the claim go as it is now, wait for your rating decision and if you disagree, then submit an notice of disagreement and attach your documentation that you now have...

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FDCs are the way to go as long as we have all the evidence and documented with the VA. I submitted my FDC is Sep 13, had exams in Feb 14, and by the looks of my Exam Reports, I will be 100% soon. The Traditional claims, in some states are taking 2-4 years. I don't see a reasonable reason why you would want to wait such a long time, when if the evidence is there, you can be done in the next 4 to 6 months. I don't know about you, but the rest of us, don't want to fight with the VA for years. Good luck and keep us posted.

100% PTSD

100% Back

60% Bladder Issues

50% Migraines 
30% Crohn's Disease

30% R Shoulder

20% Radiculopathy, Left lower    10% Radiculopathy, Right lower 
10% L Knee  10% R Knee Surgery 2005&2007
10% Asthma
10% Tinnitus
10% Damage of Cranial Nerve II

10% Scars

SMC S

SMC K

OEF/OIF VET     100% VA P&T, Post 911 Caregiver, SSDI

 

 

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Submitting evidence will not re-set the claim date(it will remove you from the FDC process they have incorrectly assigned to you). As for the 7 months, you won't lose any progress because they probably haven't done anything with the claim until they issued this letter indicating they are processing the claim as a FDC(even though you indicate you did not submit an FDC). If you allow them to process this as an FDC, you will be waiving some of your rights to assistance they are supposed to provide to help develop the evidence in your claim.

I suspect in about another year we will start seeing BVA decisions that indicate the FDC process relieved VBA of some of thier duty to assist.

If you are in the regular process don't sit on evidence, forward it certified mail return receipt requested!

Best regards,

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I wouldn't worry about it. I doubt they are smart enough to lie to you so you won't send in any evidence that is vital to your claim. JOVO, the lower rung inside the VARO are like trained monkeys that push buttons and let the PC do the logic for them. Probably a form letter that was inadvertently printed. An effective date is etched in stone although they like to try and play around with it sometimes.

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Kool. As long as I dont lose my effective date.

I never applied via FDC because I knew I had lots of evidence to collect.

I dont have a problem with long wait times. The retro is the best part of an increase imho.

Of course theres the chance everything is denied and its better to wait 10 months for a denial and then NOD than wait 28 months.

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Claims can always go either way my friend. Good luck and keep us posted

100% PTSD

100% Back

60% Bladder Issues

50% Migraines 
30% Crohn's Disease

30% R Shoulder

20% Radiculopathy, Left lower    10% Radiculopathy, Right lower 
10% L Knee  10% R Knee Surgery 2005&2007
10% Asthma
10% Tinnitus
10% Damage of Cranial Nerve II

10% Scars

SMC S

SMC K

OEF/OIF VET     100% VA P&T, Post 911 Caregiver, SSDI

 

 

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