Please Provide Link To Download 5103 Waiver Form

[rootbeer22]

Folks:

I was notified that my "intent to file" paperwork cannot be located so I've got to send it in again? Also, would someone please provide the link to download the 5103 Waiver Form? I think the lack of this 5103 waiver is holding up the process for me so I want to get it filled out and sent in today... At this point, I think everything else is done. It;'s interesting that the claims backlog is dropping fairly quickly now, so I wonder what the impacts are on claims quality?

[Notorious Kelly]

From our friend AskNod https://asknod.files.wordpress.com/2011/10/va-5103-vcaa-waiver-of-review.pdf

[Berta]

The form is at Asknods site:

https://asknod.wordpress.com/va-forms/

and should be at the main VA web site.

I have a suggestion about that form.

I was called by my VARO a few weeks ago and they verified having all of the evidence I had sent.with my 1151 CVVA CUE claim 2 1/2 years ago.

The man said he was putting a 5103 form in the mail as the one the director said they sent never arrived.

I said to him that I testify to the fact that the VA has all of my evidence and he said he noted that and was taking that claim right to someone who would prepare a decision that would go fast when they got the 5103 form

I referred them to each of 13 pieces of evidence with a brief description of each piece, on the 5103 form ,even though I had this all confirmed by the VA about a week before getting the form, signed it ,copied it, mailed it by USPS

Today I took action on the denial I got on that specific claim.

They did not consider a single piece of my legal evidence.

Still I am glad that I listed it right on the form, because the man who called me from the VARO could have just been jerking my chain.

I again emailed Ms Hickey who responded right away.and CCed my gripe to 2 other individuals.

I told her I wondered how many other claimants this was happening too because I dont think I am an isolated case.

I had the feeling they chose to deny the day the RO man called me.

You might get lucky with the 5103, and they might have all they need to make a proper decision.

Edited April 6, 2015 by Berta

[rootbeer22]

Berta:

Thanks, I appreciate youre advice. It's interesting how imporatnt notices just never get sent to where they are supposed to go? I have several notifications that are no-shows in my mailbox like the 5103/VCAA -which makes me question if they were ever sent? I've come to the conclusion that most of the disability process is the "luck of the draw" and actually whom a vet gets to work their particular actions-determines their final outcomes anyway. Some Vets are happy and things tend to flow in a postive direction for them and they move on once they get a postiive outcome. My guess, is that we don't hear much from them because it's generally good news. Then there are the more comlicated cases (like mine) which require a great deal of work and have a tendencey to get lost in the shuffle or go in a more negative direction for the vet? Then the vets are unhappy and seek advice from experts at hadit.com - like yourselves which provides a great resource. Frankly, I've learned because this is an adversarial process...vets have to become very educated on the rules and not let themselves become too frustrated and/or give up? Asknod is an example of someone who refused to give up and I think that's the greatest lesson learned about going thru the disability process. I've worked to be very proactive with my own claim but I'm learning that we all seem to have to endure a certain level of "pain" to finally get to the finish line on a claim. My wife says, "you like the fight", but as I get older, the struggle wears me down to the point where it just aggrevates me to see what happens to vets on a daily basis with bad CP exams, lack of respect and the like. Anyway, we'll see if the new 5103 Waiver makes a difference at all? Originally, they gave me a Feb 2015 completion date for my FDC, which was then shifted to Mar 2017? I started my claim on 12/06/2013 as an FDC and have been told that it's still in the FDC status which perplexes me..so we'll see if the 5103 Waiver makes any kind of difference at all..and as I suspect, I may have many years of appeals in front of me - but I may be surprised and it may all go my way in the end? During one CP exam, I had clear SMR evidence on a contention and a specific nexus and the doctor, said "less than likely" when the evidence was crystal clear and all of the rules of evidence supported the service connection. It's not over yet but I was really suprised that he could reach any other conclusion?

Edited April 6, 2015 by rootbeer22