Filed Fdc For Reconsideration. How Long.

[kate7772]

Just filed a fully developed claim for reconsideration for PTSD and bilateral hearing loss/tinnitus. The original claim was filed by a vso that basically just said"we claim this" with no supporting evidence, diagnosis, etc and my husband and I were too uneducated in the process to know better. No surprise it was denied. This filing has the diagnosis (by va) and complete letters of support and reasonings. We had a wonderful man help us that is retired from dav and continues to help vets on his own. Was sent to Cleveland va. Any idea how backed up this office is and how long the process should take.

Thanks

Kate

[71M10]

There is a little inconsistancy in confidently stating you have filed a "Filed fully developed claim for reconsideration, with new evidence". There is no "reconsideration" process at the RO level. They will generally work this as a "Re-Open with new and material evidence" If they make a decision by September 2014(exact date one year from original decision). Your effective date will be the date of your original claim or facts found date (medical diagnosis date, if after the filing date). If they do not make a decision on your re-opened claim before that 1 year date in September and you do not submit a timely NOD, you will lose the earlier filing date. If you submit a timely NOD then the VA will start the appeals process and will then have to figure out which they work first the NOD or the re-open with new and material evidence.

I do not know if the FDC process is of any real value to your situation. You should hope that a new decision is made prior to September, because appeals are going no-where fast ever since the VA launched the FDC process. The FDC process is lowing the claims backlog, but at the expense of an increase in backlog/waits on appeals and other actions that are not considered full blown claims (dependent adjustments, ect).

Additionally, since they are doing such a stellar job on these hurry up FDC claims the percentage of errors is going to be higher.

Lastly, Did either your original VSO or the fellow that assisted in this last submission point out to you that by submitting a FDC, you are releasing the VA from some of their legal obligations to help you develop your claim? What did you really get from the VA besides a vague statement that the claim would be expedited?

[kate7772]

Did we do this wrong again?

Edited April 10, 2014 by kate7772

[GatorNavy]

As long as you got the statement letter in requesting reconsideration based on the new and material evidence that you submitted it should be in the works. Your recon doesn't fit the bill for an FDC anyway. Just my personal opinion but after reading the denial, I think the RO may sit on this until Sept. hoping that you will miss your appeal date to submit the NOD. However in this case 5 months is a very short time anyway. I would start crafting the NOD now and submit that along with the same evidence you submitted with the recon.at least 30 days before the one year is up. The ROs have a tendency to lose NODs and positive evidence for some reason.

[71M10]

Not necessarily wrong, but if your effective date is important to you, do not miss that NOD deadline in September. I think Gator is dead on, they will sit on this hoping you miss the NOD deadline just to save a few bucks.

Submitting an FDC is not persay bad or incorrect, I mention it, because I think many veterans do not fully understand that by using the FDC they are waiving some rights (for that particular claim action - not permanently).

[stretch12122001]

PLEASE HELP. My father was approved 100% permanent disability when I was already over 26 yrs old. I have put an application which I have been denied because of my age. Do I have any chance of winning an appeal??? I would appreciate any feedback. Thanks.

[Berta]

I think you should ask a moderator here ( their names are highlighted in the on line list at the bottom of the main forum page)

to move your question to Claims Research forum. You will get more eyes on it that way.

"I have put an application which I have been denied because of my age."

Is the 100% your rating or his?

I think you might mean you were denied for Chapter 35 DEA educational benefits?

If you mean Chapter 35 benefits, do you have any military time yourself? Military time of dependents extends the Chapter 35 age requirement.

"My father was approved 100% permanent disability when I was already over 26 yrs old."

What was the earliest effective date of your father's 100% P & T award?

Did you have any college credits that you had paid for prior to turning 26 and within the EED date on his award?

When you say your father has 100% , by 'permanent' I assume you mean Permanent and Total and the Chapter 35 application is usually enclosed with those awards.

The EED on the award is critical to your question as I see it.

I am a Chapter 35er and we have some others here.

VA Edu often makes errors and made a big one on my daughters Chapter 35 award.

They gave her one month of DEA (as she was soon turning 26) but VA forgot that she had enclosed her DD 214 and she carefully marked off the stuff that asks for her 7 years of military service military service info.

They fixed it because I wrote an NOD in which she believes I also raised the CUE scenario, and I enclosed a copy of the regulations they broke..She signed it and mailed it to VA and in 3 weeks she got the proper award....7 years of DEA.

They made a few errors on my situation too, after I had graduated and after I received a direct SC death award.

We have Chapter 35 info here under a search. For widows like me, the EED for Chapter 35 is the date of the veteran's death,if the death is service cnnected.

Prior to that award I had DEA under the 100 % P & T PTSD award they gave my husband.(posthumously)

You need to read the regulations for dependents and not survivors for DEA because they are different.

I might be assuming too much.... as to the Chapter 35 benefit that I think you are talking about.