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


pmchugh7

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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.

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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