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Effective Claim Dates - Not Sure Why

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rootbeer22

Question

Folks:

I've still on "Cloud 9" about my 80% rating and also surprised that I had 5 more contentions of 0% and a large number of deferred contentions still to process. Also, the VBA also put me in for other contentions that I was not aware of and I was very surprised by this. Anyway, when I first started the process, I did a lot of research about the new FDC Program and especially the incentive to "save the date" for an informal claim that became my FDC main claim. Anyway, I submitted the claim to an American Legion VSO and she entered the claim into the computer and processed the dependents status paperwork on 12/14/2013 at the same time. She also gave me a copy of the "save the date' paperwork and I re-sent it to the VBA to try and get the dates straight. At that point, she said "you have up to one year to submit all of the SMRs and evidence to support your FDC claim". So, although I had 98% of the evidence already, I double checked everything several times and submitted the full claim with 13 DBQ's to her on 06/27/2014. So, about 7 months later but clearly within the 12 months timeline, everything was officially submitted thru her. Anyway, when I got the results of my FDC Claim on 06/16/2015, it showed that the effective date of my claim for compensation is now 12/01/2014? However, based upon the "rules" regarding the "FDC and the "Save the Date" features of the FDC, it should have been 12/01/2013 and not 12/01/2014 -- instead? That's a full year difference?

Any, So, am I missing something about the FDC Process and the "save the date" feature of it? To me it looks like a mistake or a typo on the VBA staff was made? But, this is my first time with a claim and based upon this scenario, would 12/01/2014 actually be the correct date...?

Please comment and thanks in Advance...rootbeer22...

Edited by rootbeer22
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I may be wrong but reading the definition of a Fully Developed Claim you had to submit all evidence up front with nothing to add during the year. Here is the VA wording:

What Is a Fully Developed Claim?

The Fully Developed Claims (FDC) program is an optional new initiative that offers Veterans and survivors faster decisions from VA on compensation, pension, and survivor benefit claims.

Veterans and survivors simply submit all relevant records in their possession, and those records which are easily obtainable, such as private medical records, at the time they make their claim and certify that they have no further evidence to submit. VA can then review and process the claim more quickly.

Edited by toddt
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Root, have you received your official VA notice of decision? I ask because if you are going off of ebenefits the 12/1/2014 date could be the date of the last COLA update. You might want to wait until you get your official letter of notification.

Edited by pete992
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toddt:

I did in fact certify that all evidence and it was all there at the time. Also, I checked with the VA 1800# Reps several times during the application year and they all said that my claim was still within the FDC and never came out. December of this year, I physically went to the Regional Office after getting an invite to review my C-File because there was a problem on their end with my FOIA request. Anyway, I ended meeting a very senior VBA official because a lot their employees were out for the Christmas Holidays. Anyway, the good news is that we specifically talked abut the FDC Program being affected by my FOIA request. Technically, back then claims were put on a "hold status" when a FOIA was requested and I did not know that? However, now, there is a whole new centralized process and the FOIAs are no longer processed at the RO level. Also, he said, that a Vet has to first be notified in writing before the the VBA can pull a Vets claim out of the FDC process? Anyway, the senior rep looked at my C- file again and said that it was "highly unlikely" my case would be pulled out of the FDC program? I guess as long as "they" are asking the Vet for more evidence -then it's OK-to provided it to them to finish a case? Besides, it was only a few pages for a nosebleed and ear infection That said, one week before my claim was officially decided, I was asked by VBA to provide my some of my local VA health records from the American Lake VAMC that they said, they did not have access to. I guess it was because I did not hit some "Ebenefits Health VLER" sharing button that allows the DOD and VA to share all electronic health records.

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Did you already have a SC rating. In my case, I started the claim in April and thought that would be my start date and finalized my app in Aug. Well, apparantly if you have a SC then it goes by the date everything is submitted. I thought this was a raw deal myself, since all I had was a 10% for my knee back in 1996. The retro pay would have been alot more. I hope this answers your question

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pete992:

Actually, you are right and the official letter may be correct in terms of the dates and that's what counts most? Frankly, I have a tendency to let the "horse get a head of the cart" sometimes? I know the package was sent a few days ago to m y address. Also, I got an email from VA yesterday, saying my claim's delay was due to the rater having to get another higher level signature to finish the claim? I've always heard that it's mostly a good sign if they have to get a second signature for a Vets case during the initial claim. When I look at the effective dates of the contentions that have been adjudicated, they are all dated back to 06/30/2014?

Anyway, it's good advice and I'll wait for the letter to see what it says. It all turned better than I had hoped for..so a little longer wait is fine now....

Thanks for your input, rootbeer22

Edited by rootbeer22
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bassrunnin1

Actually, it's a long story and I don't want to bore you with the details right now? Suffice to say, my first claim was lost in 2004 when I was retiring, so in the end, I had to resubmit?So, officially now, this counts as my first and only FDC claim. However, back then in 2004, I had no clue as to the VBA's Disability progress nor/and Hadit.com and it's members whom were a godsend to me...and are responsible for a lot of the success with my claim. Also, I've heard recently that the FDC Program is set to expire next fall anyway....so things are changing...again...

Edited by rootbeer22
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