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Is It Correct


63SIERRA

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

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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

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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.

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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.

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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.

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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 by JT24usn (see edit history)
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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?

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We live in a world where the entire library of congress can be loaded on a micro chip the size of a postage stamp, , yet we cant engage in a phone conversation with a government entity that has out lives in its hands. how the hell did things ever get this bad? Yet if those a@@holes sent me a draft notice they would demand a reply.

Edited by 63SIERRA (see edit history)
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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?

I'm not an ssa guru but don't you have to submit everything up front too, or submit correct forms?

Granted that complicated claims do not fit the criteria; however I've walked AO claims and temp 100 percent claims filed by FDC through the process and done in less than a week.

Example. Temp 100% Vet has knee surgery (replacement). Vet is sc and submits letter from doc how long he'll be out. Claims rtr.

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JT24usn,

I might be wrong but I thought 63Sierra was asking if a veteran filed a FDC for a new SCN condition while the veteran had a claim pending for another condition (not related to the new FDC claimed condition), would the FDC become a regular claim? The link you provided did seem to answer the question that a veteran could not file a new FDC claim while another claim or appeal is pending.

However, your comment "the whole purpose of FDC is to file everything up front" is true if we were talking about evidence for the same condition but as 63Sierra stated "health problems are a constantly changing situation." A veteran can develop a new condition while another claim is pending. For example, an AO veteran has a claim pending for hearing loss and the veteran suddenly develops chest pains which are diagnosed as SCN Ischemic Heart Disease. The veteran would like to go ahead and file an FDC for IHD but the VA prohibits the filing of an FDC while another claim is pending. This is unfair to veterans regardless of how you try to justify it.

In regards to filing a FDC while an appeal is pending, You stated there is no fast way to get a file back from the BVA. If the VA would join the modern world and use an up to date database where the veteran's complete file was on the computer so it could be accessed at any time it would not be necessary to wait for an original file to come back from BVA as long as the VA updates their files each day. One team could be working on one claim while another team is working on another claim (including FDC claims) filed by the same veteran because both teams would have access to the same files at the same time.

I know what I am suggesting is not the way the VA currently operates, I am just saying the VA is behind the times and they could change if they really had the veteran's best interest at heart. I worked for the federal government for over 25 years and I always hated it when someone made a good improvement suggestion and received the response "well that is the way we have always done it."

Just my opinion.

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The fully developed claim process was never intended to be used for all claims.

It is intended to be used for simple claims that can be processed quickly by the rater. Claims that only need a C&P exam and or the VAMC medical records or federal records. Also claims where the claimant can provide their own copies of their private medical records and or a DBQ with IMO.

It was intended to help speed up the process for simple claims.

Complicated claims or claims where the medical conditions are changing were never meant to use the FDC program.

It's not a one-size-fits-all solution.

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JT24usn,

I might be wrong but I thought 63Sierra was asking if a veteran filed a FDC for a new SCN condition while the veteran had a claim pending for another condition (not related to the new FDC claimed condition), would the FDC become a regular claim? The link you provided did seem to answer the question that a veteran could not file a new FDC claim while another claim or appeal is pending.

However, your comment "the whole purpose of FDC is to file everything up front" is true if we were talking about evidence for the same condition but as 63Sierra stated "health problems are a constantly changing situation." A veteran can develop a new condition while another claim is pending. For example, an AO veteran has a claim pending for hearing loss and the veteran suddenly develops chest pains which are diagnosed as SCN Ischemic Heart Disease. The veteran would like to go ahead and file an FDC for IHD but the VA prohibits the filing of an FDC while another claim is pending. This is unfair to veterans regardless of how you try to justify it.

In regards to filing a FDC while an appeal is pending, You stated there is no fast way to get a file back from the BVA. If the VA would join the modern world and use an up to date database where the veteran's complete file was on the computer so it could be accessed at any time it would not be necessary to wait for an original file to come back from BVA as long as the VA updates their files each day. One team could be working on one claim while another team is working on another claim (including FDC claims) filed by the same veteran because both teams would have access to the same files at the same time.

I know what I am suggesting is not the way the VA currently operates, I am just saying the VA is behind the times and they could change if they really had the veteran's best interest at heart. I worked for the federal government for over 25 years and I always hated it when someone made a good improvement suggestion and received the response "well that is the way we have always done it."

Just my opinion.

The claimant has a claim pending at the time of receipt of the EZ form

(See below)

Step 3: Identify Exclusion Reasons

If

Then

Any of the following EXCLUSION REASONS apply to the claim:

The claimant indicated a desire to not have the claim processed in the FDC Program by checking the box in:

o Item 31 of the VA Form 21-526EZ (AUG 2011);

o Item 32 of the VA Form 21-527EZ (AUG 2011);

o Item 44 of the VA Form 21-534EZ (AUG 2011)

The claimant has a claim pending at the time of receipt of the EZ form

The claimant has an appeal pending at the time of receipt of the EZ form and the claims folder is not located at the home RO

The claim requires a character of discharge determination

The claim requires development for records in the custody of the Veterans Guard/Reserve unit(s), or further evidence from the claimant or an identified private medical provider

The claim requires any development beyond developing for:

o Federal records in the custody of the Federal government (excluding records in the custody of a Veterans Guard/Reserve unit(s))

o Claimant-identified Federal treatment records such as VA medical center (VAMC) treatment records

o A VA examination/DBQ.

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the FDC is also unfairly putting other veterans ahead of the line because those of us who already have claims pending cant get the faster results of a FDC. No FDCs should be allowed until the backlog is caught up in my opinion.

A vet just getting off active duty can file a FDC and have it done in 90 days while some of us have had claims pending 18 months then go on appeal for another 3 years. its not fair.

Edited by 63SIERRA (see edit history)
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Matter factly , us who have MORE health problems and more pending claims should be the ones who are able to file the FDC.instead of the other way around. Let us file the FDC, then va approve on honor system,if claim seem plausible and evidence is reasonable, then investigate particulars and make adjustments

SQWEAKY WHEELS GET THE GREASE RIGHT?

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I like the FDC concept but it does seem to be unfair to the veterans with older claims filed before the FDC program was implemented. As with other VA initiatives, fairness is not always a priority. Look at the VA family caregiver program. It is a great program but it is only available to post 9/11 vets. Nothing fair about that but it sounded great in the news media and the costs were kept lower by not offering the program to the pre 9/11 vets as well.

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You have to remember. If excluded from FDC you are in the same positions as if you not in it. FDc technically means you got your DTA. So you are either at decision or exam where you were before you filed an FDC when an claim was running

I had an appeal going. I went to vamc for depression/anxiety due to sc conditions. Went for six months to vamc til I got a diagnosis. Then filed FDC. Was kicked out due to appeal. However FDC meant I got DTA either way. Then it's either exam or rtr. Well I got exam and was granted 50% within 3 mos. So FDC still worked even though I was out. Also l still go for treatment and filed again a within a year with FDC and that was done again with 70% within about three mos and I was kicked out. Still have a three year old appeal going but have to make due for right now. So if you file for secondary and get kicked out of FDC it still won't hurt. Just means you got DTA and still where you were in the claim process. Jmho. Hope it gets straightened out for you.

You have to remember. If excluded from FDC you are in the same positions as if you not in it. FDc technically means you got your DTA. So you are either at decision or exam where you were before you filed an FDC when an claim was running

I had an appeal going. I went to vamc for depression/anxiety due to sc conditions. Went for six months to vamc til I got a diagnosis. Then filed FDC. Was kicked out due to appeal. However FDC meant I got DTA either way. Then it's either exam or rtr. Well I got exam and was granted 50% within 3 mos. So FDC still worked even though I was out. Also l still go for treatment and filed again a within a year with FDC and that was done again within about three mos and I was kicked out. Still have a three year old appeal going but have to make due for right now. So if you file for secondary and get kicked out of FDC it still won't hurt. Just means you got DTA and still where you were in the claim process. Jmho. Hope it gets straightened out for you.

Edited by JT24usn (see edit history)
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VA be FAIR! Ha ha that is funny! Come on Sierra you've been around VA enough to know the last thing they are is fair!

Like georgiapapa said, the Caregiver program is a great example of how unfair VA is. And so is the BDD program! And so is the fact that vets getting out now sit down with someone who helps them file their claims immediately, And they actually have a copy of all their service medical records so they are likely to receive a good rating because the evidence is all there. Compare that to the Vietnam vets Who had no one recommending that they file for their health issues much less give them a copy of their service medical records. And mysteriously many of those medical records have "gone missing". Same with Korea and even Gulf War vets.

Is it fair that they set up the Gulf War presumptive's yet 85% of Gulf War presumptive claims get denied anyway?

Sorry, but I'm kind of overwhelmed today with how far VA is willing to go to wrongfully deny vets their valid disability claims.

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NavyWife,

I understand your frustration and appreciate your comments about the Vietnam vets, Korean vets and gulf war vets. Regardless of when or where we served we must stand together and try to do everything possible to make sure our fellow veterans are not denied the benefits they earned.

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NavyWife,

I understand your frustration and appreciate your comments about the Vietnam vets, Korean vets and gulf war vets. Regardless of when or where we served we must stand together and try to do everything possible to make sure our fellow veterans are not denied the benefits they earned.

Georgia Papa--I agree with you completely.

I have only the highest respect and admiration for any veteran, no matter whether they served in combat or non-combat; whether they served for 20 years or 20 days. Each and every one, signed a piece of paper saying that they were willing to sacrifice everything they have -including their life and health --for their country. I take that as a very serious thing.

Unfortunately, now we all have to fight a paper battle against a bureaucracy that doesn't care and is definitely not fair.

All vets sticking together and sharing information is the only Chance we have!

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