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Received a 5103 notice today

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wingnut73

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I receive a 5103 notice today giving me 30 days to produce all evidence to support my claim for an increase. It says they have received NO Evidence to support my claim. This is Bull**** ! I went to my C&P in July with everything indexed and ready to submit. The C&P office copied it all and I assume it was sent to the RO. 

I really believe this is in retaliation   for me contacting my congressman and allison Hickey to get my C&P rescheduled.

I would like to slow this down to give me time to sort this out and get a lawyer.

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  • HadIt.com Elder

You cannot disregard the 5103. Having said that, I've seen/heard of it or a form letter sent by an RO, even when all the available evidence is already in a veterans file.

The file digitization and computerized C&P results may have resulted in the documents you submitted getting lost, or in limbo waiting to be digitized.

I'd likely send a copy to the intake center, and another one to the RO, with a copy of the 5103 you received. As always, get a receipt!

Edited by Chuck75
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You know what is said about when you "assume," right.

The appeal train is rolling, hard if not impossible to slow it down.  What harm or difficulty would you experience by resubmitting Your Evidence, even though you "Assume" it's already in the record?

Then there is the possibility that all your "C&P Evidence is in the record and it just doesn't do the trick.

A good friend just had his DRO Hearing last week. The DRO covered his original IU NOD then looked at a pending recent NOD for SA. Told him his VA Primary Care DBQ just didn't seal the deal, gave him 30 days to submit "New" Evidence." The original DBQ didn't state that his PTSD was the Primary cause of his SA. He needed the old "More Likely than not or as likely as not," stated on the DBQ. He just needs to have a discussion with his Dr and get a New DBQ clarifying the probability of his SA being Secondary to his 70% SC rated PTSD. She originally stated that his SC PTSD, SC Diab II, and Insomnia were all factors contributing to his SA. Needed to be more precise on the effect of his PTSD.

 

Semper Fi

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"The C&P office copied it all and I assume it was sent to the RO. "

We cant assume anything. These guys are right, copy it all and send it again.I always use Priority mail and then use the tracking slip at USPS online to print out proof of their receipt.

I have been suggesting here to state on the 5103 form a brief description of each piece of evidence they should have and/or whatever is enclosed with the 5103 and send it to the proper Evidence Intake center ..

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Wingnut,

When I received the 5103 Notice I called the 1-800# and asked if they saw my evidence I submitted in my file.  I was told that they were looking right at it.  They explained to me that, in my case, the 5103 gave the VA 30 days to schedule my C&P's and submit their ruling.  I still submitted my evidence again just incase.  Suprisingly enough all my C&P's were done within the 30 days.  I suggest calling the 1-800# and submitting your evidence again.

JMO

 

Scotter

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Use Priority Mail. Can track online and get a signature required. Goto usps.com and enter in all delivery info., then print out label. Use the Flat Rate envelope from the Post Office. They will email a PDF copy of the delivery received name & signature. Total cost $7.50 w/signature required. Better than certified in today's world !!!!

 

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