Need Your Advice On Claim Big Date Change Gathering Evidence

[rootbeer22]

Folks:

I filed an informal disability claim a year ago and then the followed (provided the evidence) FDC 6 months with all evidence and 14 DBQ's to the Regional Office. Both are one and the same so- Informal 12/2014 and the main claim was 6/30/2014. So, In August I filed a FOIA because folks from Hadit.com said to ensure that the C-File had everything in it because of problems on this site idntified with other vets. So, it stayed in "Review" until yesteday (6 months) when I cancelled th FOIA. So today status changed to "gathering evidence" but the expected completion date now changed from 02/16 all of the way to 4/17? (approx 2.5 years) Obviously, cancelling the FOIA had an effect and it looks like I was penalized for requesting the FOIA? Also, it says that the developmental letter was fianlly sent so I should see that soon? Anyway there's two issues I need your help with.

The first issue is that the problem is that I filed an FDC and "absolutely" all of the evidence that was/is "available" anywhere was provided in my inital claim. I work with medical records so I've absolutley provided everything that could be is there? So,

1. First, it's obvious that they shifted my FDC to a Regular Claim now and that's the reason for the date changes...do you agree on this? Has this happened to others...recently?

2. Is there a process to certify that I've already provided the records are there..Frankly, I did that when I filed the FDC in the first place and would not have gone to all if the pain of providing 14 DBQ's and the time and effort that that took?

So..please let me know what I should do...next?

[Buck52]

Root,

you should check out the 38 CFRs that pertain to your case you may find answers there? (Pending Claims)

Check CFR 5103 (a) (b) also status of claims CFR 3.160 ...check all the provisions.

be sure of your time line?

if you have not yet?Call the VA800 Number Ask them what is the status on your FDC?

Edited December 11, 2014 by britton

[NavyWife]

1. No it's not obvious that they changed your claim from FDC to regular. Until you get a letter in the mail saying that they changed it, then it's still there. That development letter could be anything. It might be a letter saying they've changed it. Or it might be a letter saying we're working on your claim, Don't call us we'll call you. I think you're getting too concerned about FDC versus regular processing. My claim got knocked out of the FDC Lane and really it was no big deal. The FDC process cuts out several months of the duty to assist process at the beginning of the claim. But they still have to go in order chronologically of when a claim was Received. It's technically only been six months. You are at one of the slowest Varos unfortunately. No matter what you do -short of emailing Bob -your claim is going to take a long time.

Anytime the status changes on E benefits the expected date of completion can change too. It is based on the statistical average for that particular VARO.

2. You are correct. You already certified that you have nothing else. Do not send them any papers stating that again.

There is nothing else you can do right now. If you are super worried you could email Bob at robert.a.mcdonald@va.gov With your name and Social Security number and state that you filed an FDC and were wondering if someone could check on it.

[rootbeer22]

All:

Thanks, you've all always been given good advice. I really thought by doing all of the upfront work in terms of the complete records package and the 14 DBQ's that it would help? Also, every last shred of "evidence" was submitted with my package. Through my research last night, I've learned that many others have faced the same issues when they filed an FDC then subsequently submitted a FOIA? Funny, as soon as I cancelled the FOIA on the 10th of December, there was movement..albeit not what I wanted? The new 2.5 year completion date extension is what concerned me most? If it were just another 6 months like my VSO told me that would be fine, but another 1.5 years longer did not make sense to me? I know ebenefits is not always accurate and that's the delimea? Anyway as an update, the Developmental Letter is on it's way and I'll know soon if I got kicked out of the FDC program or not? As for status, they are saying that they (VBA) have asked for and are awaiting for my VA Records? But they already have them in the system. So, I'll see what the letter says and If I'm still in the FDC Program or not? However, from what I saw last night with other posts and simliar situations to mine, the consensus of hadit.com advice in similar cases was to file a 1503 Waiver to get movement on the claim if I was really kicked out of the FDC? Many suspect, this is a way of making the FDC numbers look better than they are by kicking select cases out? Interestingly enough with the 1503 Submission result, some Vets got renewed movement forward, others got movement after submitting mutiple 1503's to the same location over and over again until it took and others said that their 1503's were just ignored and there was not change in the movement at all? So, it looks like it's the "luck of the draw" which is becoming my new moto with this process...could I have done things differently...yes and I'm learning the hard way..but that's just the way it is...

So, If anyone can confirm that I should submit a 1503 waiver, I would appreciate it?

Edited December 11, 2014 by rootbeer22