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Vso Error -- Left An Issue Out Of Fax Informal

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Snake Eyes

Question

Fax informal for my claim was submitted in August of 2012 and had several issues from my original claim (reopening) that were no longer relevant and LEFT OUT a key issue (sleep apnea) from the original. When I discovered this, I contacted VA and asked to have the sleep apnea added to the claim. When I received my award letter, the effective date for sleep apnea was set as January of 2013 because the call was made before the FDC was submitted.

Would this warrant a NOD for effective date? It seems to me I was trying to correct my VSO's error, not create a separate claim. The decision letter was for the entire claim, including the sleep apnea but gave separate effective dates -- apparently because sleep apnea was added to the fax informal (but submitted at the same time as the FDC). Confusing as heck, I know.

LESSON HERE: Do not trust even the best VSO to know what you need. Review his or her paperwork carefully. They may know how to file all this paperwork, but they can't read your mind about which issues you want to pursue.

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That's why I do all my own claim stuff now. My VSO is a nice guy and a 30 year AF Vet, but too nice and has too much confidence in the VA. It said I would not get 100%. Yet in the last 7 months my VA went up from 80 to 100%, and granted SSDI in less than 10 weeks, which is near impossible in Texas. Good luck and keep us posted bud.

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My VSO says if he submits a claim it gets cleared within 125 days... if I try to do it myself, it could take much longer and of course would likely require an appeal. Do these guys get compensated based on the number of claims they file on behalf of vets? My guy knows his stuff, but that is a costly mistake I could have prevented if I had used the Reagan Doctrine :-)

What is the basis of the 125 day claim? Does anyone know how a vet can file his own claim and get on that kind of fast track? (Fax... upload to eBennies... mail?)

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LOL... I wondered if there was a connection... like the VA shoots for the goal if it's a VSO filing for a vet and shreds for the goal if it's the Vet filing for himself (yes, they're talking in the media about shredding mail at some ROs).

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