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pmchugh7

Does An Upload Cancel My Fully Developed Claim (Fdc)?

Question

The regional office called me with one question and I answered it.

While I had him on the phone I asked what documents he still needed.

He replied your medical records. I told him I had my medical records.

He told me to upload them and he'll check for them in the morning.

Rosa at my Vet Affairs office told me I canceled my FDC by doing that.

Is this true?

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

Development to the claimant:

For claims meeting FDC criteria, do not request from the claimant any information or evidence (e.g,. when requesting records in Federal custody, do not also request these records from the claimant). The claimant, on the signed EZ form, has already certified that he or she has enclosed all the information or evidence to support the FDC or has no other information or evidence to give VA to support the claim. However, continue to notify the claimant as usual (initial/subsequent contact format) when a VA examination/DBQ is requested.

Exception 1:

With a contention for which VA has previously denied service connection and for which the appeal period has expired (reopened claim), send the claimant a subsequent notice discussing new and material evidence specific for that prior denial. See Reopened Claims below.

Exception 2:

For claims meeting FDC criteria, follow established procedures when Federal records are unavailable (see M21-1MR, Part I, Chapter 1, Section C.5.f.). However, when providing oral or written notice as described under M21-1MR, Part I, Chapter 1, Section C.5.f., explain in the notice:

We received your claim and your request to participate in the Fully Developed Claim (FDC) Program. Though you indicated you have no other information or evidence to give VA to support your claim, we are required to send you this notice. If you have information or evidence not previously submitted to VA that supports your claim, we recommend you submit it. As a reminder, if you identify or submit any additional information or evidence at this point, VA will remove your claim from the FDC Program Expedited Process and process it in the Standard Claim Process.

I would say you're out, but each RO has their own thoughts in the above listed fast letter. Jmho

See also the exclusion section in the above link.

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Guess what it does not matter now because the fdc benifit is diminishing the under review stage and you are past that.There is not a difference in the time from her on out with or without fdc status.

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Guess what it does not matter now because the fdc benifit is diminishing the under review stage and you are past that.There is not a difference in the time from her on out with or without fdc status.

That depends. If it was his first original claim he may have lost out on a years retro from original date of claim.

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When I wrote medical records I meant Military Medical and Service Records.

Does this make any difference?

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The fast letter above says it does. However each RO is different. Jmho

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
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    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

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