Is It Correct

[63SIERRA]

that if you file a FDC while other claims are active, then the FDC automatically becomes a regular claim.

[JT24usn]

Yea. The whole purpose is to submit everything up front and submit nothing else. "Additional claim submitted"

http://www.nd.gov/veterans/files/resource/FDC_Claims_03_2014.pdf

Va fast letter 12-25

http://www.vfwilserviceoffice.com/upload/FL%2012%2025%20Fully%20Developed%20Claims.doc

[georgiapapa]

63Sierra,

You posted a good question.

According to the above link it appears you can not file a FDC for a new condition if you already have a pending claim or appeal pending for another condition. I guess a new claim, even if it is a FDC claim, can not be processed until a final decision is made on old claims or appeals. If I am reading it wrong I hope others will let us know.

I guess if you had a pending claim for a minor condition and later developed a SCN major life threatening condition, you could withdraw your claim for the minor condition and then file the FDC for the major condition. In my opinion the veteran is penalized if they file another claim (FDC or standard claim) while another claim or appeal is pending. The VA claims system should be set up so they are capable of processing additional claims later filed by the same veteran without delaying a pending claim or appeal. Your entire C-file should be on a VA database where more than one person or team at the VARO could process new claims filed by a veteran and not delay or interfere with current claims or appeals. Just my opinion.

[Navy04]

I agree with the above info. I have helped a few Vets submit a new FDC claim, only to find out what that they had previously submitted another claim. Then the Vets get upset when the VA mails them a letter informing that their claims are now in the Traditional Format.

[JT24usn]

63Sierra,

You posted a good question.

According to the above link it appears you can not file a FDC for a new condition if you already have a pending claim or appeal pending for another condition. I guess a new claim, even if it is a FDC claim, can not be processed until a final decision is made on old claims or appeals. If I am reading it wrong I hope others will let us know.

I guess if you had a pending claim for a minor condition and later developed a SCN major life threatening condition, you could withdraw your claim for the minor condition and then file the FDC for the major condition. In my opinion the veteran is penalized if they file another claim (FDC or standard claim) while another claim or appeal is pending. The VA claims system should be set up so they are capable of processing additional claims later filed by the same veteran without delaying a pending claim or appeal. Your entire C-file should be on a VA database where more than one person or team at the VARO could process new claims filed by a veteran and not delay or interfere with current claims or appeals. Just my opinion.

The claim being worked while in appeal is called vbms. The appeal part is now moot really. If a claim is in vbms the our RO won't kick them out since we have the whole file anyways. That was meant for vets who file FDC and their file is at BVA. There is no fast way them as the to has to request the file back ftom BVA.

[JT24usn]

Again, the whole purpose of FDC is to file everything up front. Meaning the only next process will be. ( is strs/ personnel file is available) is to order exam or make ready to rate. Not to receive another FDC and start over(ironically if another FDC is submitted after the fact the veteran is kicked out of FDC but still at the same place as before second claim was submitted). Also the new FDC apps tell what forms are required for this and that. And yes , the new IU fast letter requires employment of five years and employment info of last year of work even if it was 20 years ago. You will be kicked out if FDC if you don't submit. 8950 and 4192 with FDC form. Why? Because it says what necessary forms required on. 526ez. All I can say is to read the FL. That is what our quality at our RO says when we try to keep the vet in for just submitting additional I do after original date if claim that doesn't require further development. I got an error for that. I was trying to help a vet out.

All jmho

Edited August 13, 2014 by JT24usn

[63SIERRA]

its almost impossible to file everything up front because health problems are a constantly changing situation. ' Take me for instance, I had hepatitis, which caused kidney cancer, which caused adrenal cancer, which caused depression, which caused weight gain, which caused sleep apnea,. Its impossible to file claims cut and dry when you have intertwined ilnesses.

It seems to me that the FDC process is more of a shift of the burden of supplying proof of a disability, by making it the veterans responsibility. That way the va can say ,, well they said they submitted everything, and we didnt look for anything because they said they did/

Fact is most vets dont know nearly enough abt the system, to know what should be submitted. Thats why the VA was given duty to assist. We as veterans should not need to become legal experts, medical experts, investigators, ect to have a claim approved. If the regional offices opened up lines of communication so we could be proactive in our claims and submit what they need , when they need it, there would be no backlog. I stand by my belief that the stalling, delays, long claims waits, are all a manufactured crisis meant to slow the flow of compensation at the expense of the health and well being of the veteran. Same thing with the provisional claims that was a big lie. very few provisional claims were actually done. It was another promise made to keep the wolves at bay and give false hope to the veterans. Its one lie after another. Think abt this. The regional offices say that the reason they dont accept phone calls from veterans is because it hampers efficiency. If you think abt it though, the lack of communication that is not allowing the veteran help with THIER claim is the real reason for the delays and mistakes. We know our claims, contentions, medical issues better than anyone, yet they shut us out of the process. does something seem fishy abt that?