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The Actual Fdc Timelines?

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rootbeer22

Question

Folks:

After 120 days, my first FDC Claim and my first ever claim ever is still stuck in "Review" at the RO? I took it to heart when I read on the new FDC Process "all evidence" and there's nothing else for VA to obtain? Since day one in the military, I kept or obtained a copy of every single piece of medical records/papers. Accordingly, I also, submitted 14 DBQ's completed with this FDC on 20 Contentions an it's all very well documented. When I asked for status from my VSO, she said the system says VBA is still "gathering evidence"? Also, she went on to say that they all (meaning her claims files) all say that anyway? I said to her, "why", this is an FDC and I already signed off that I've submitted everything anyway? I could see that if VBA was still looking for more evidence because there was more evidence to find anyway? Also, I know not to provide more paperwork after or submit another claim after you submit an FDC claim because they'll put it into the regular claims process? The only correspoindece that I received from the VA Regional Office was that at the 90 day mark the letter says that we are experincing delays? Is this normal for a well documented FDC to languish like this...I know that ebennfits is not the most up to date application...

Anybody got any suggestions of what I should do now besides just being more patient...?

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rootbeer22,

Since you filed an FDC with 14 DBQs and 20 contentions, you should expect to wait longer than most FDCs which usually have one or two claims or contentions. Keep in mind the rating officials have to review the evidence for each contention separately, determine the severity of each condition and match the severity level of each condition with the rating tables in 38 cfr 4. Since you submitted a voluminous amount of evidence, it will naturally take more time to review and evaluate the evidence.

I know this is not what you wanted to hear but the only thing I can suggest is to keep being patient.

Good luck to you and thank you for your service.

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  • HadIt.com Elder

Pure conjecture.

The VA has gotten hammered for, among other things, claims that have been in the system for way to long.

There is also a problem with complying with the law as to what cases are dealt with in what order. It seems that the VA

Took a hit in this area as well.

A part of what is happening is due to congress more or less ignoring it's past contributions to the overall VA problems.

(Blame the VA, the service organizations, etc.)

One of the VA higher level employees (Somewhere in management) complained/remarked to the effect that the service organizations

had blocked certain "reforms". My reply was that such "reforms" often have contained related or unrelated "poison pills", and thus

had (and have) strong opposition.

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Hubby's FDC took 12 months with only 2 issues.

Claims usually stay in review of evidence or gathering evidence for a very long time. It's not until your claim is getting ready for rating that it will move into the later stages.

You did your part-- now all you can do is wait...I know it's frustrating.

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Yeah my FDC has a estimated complete date of Feb 2016. Of course I did complicate things for the VA raters. Imagine that. Hobbies and legal research will keep you busy that is for sure.

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NavyWife:

You are always so nice and I appreciate your comments...I guess I am fortunate that I'm not out of a job or in a critical situation like some of the Vets? Many of which can't pay their bills due to their injuries and they deserve to be expedited if it's possible. One of my drawbacks is that I'm not a very patient person but dealing with the disability system..one needs to learn very quickly...it's just too bad that so many have to fight for wha they already deserve..but I guess, that's the reason for so many rules and regulations..

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NavyWife:

I've finally got some movement on my claim and it looks I might get some kind of answer by this summer? It went from "gathering evidence" to "prep for pending decision" so I'm hoping their is a good sign and in a direction that is favorable? I'm still a little concerned that the timeline went from 15 to 37 months and then quickly back down to an answer over the next few months? I just wish I had a sense if it either easier to approve or disapprove a claim in terms of work for the raters? It seems that the backlog is being cut down very fast over the last few months now and I hope that that bodes well for us with pending claims at this stage of the game? I know that raters can also defer claims but hey are still on the books so I hope denials are not the easier path to take? That said, good SMR evidence is supposed to be the key with a solid nexus and I feel thatI have that? That said, some of the CP exams that I took were perplexing based upon what happened at the exam versus what showed up on the final results? So, it's clear that there is a very high degree of subjectivity within this system? So, that's one area that affects a lot of vets and not always in a positive manner. I noticed that not all of the docs understand the wording universally if something is service connected like at least as likely and so forth...

Edited by rootbeer22
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