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Mikenizz

Ebenefits

Question

I opened an application 3/15. It is not completed. I sent in a FDC 8/15. I have not submitted the application as of yet because of my open claim. I did not know i had to submit the application to receive that 3/15 EED. If i do it now will it be 9/15 date. I have been putting it off as to not mess up the FDC. The application is for connections after the FDC Is decided.

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3 answers to this question

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Sounds like you might be playing with fire.

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I think the FDC is designed to give Veterans "false hope" that their claim will be decided favorably and quickly, so they wont ask for any other benefits.  It seems to have worked in your case, since you want to "hang around" hoping for a quick, favorable decision and hold off on other claims.    I would not buy it if I were you.  Trust me, your claim being labeled "FDC" does not guarntee a quick decision.  

   Here is VA's "sales pitch" on FDC's:

"File an FDC without risk. Participation will not affect the attention your claim receives from qualified VA rating staff or the benefits to which you're entitled. If VA determines other records exist and are required to decide a claim, VA will simply remove the claim from the FDC program and process it through the traditional claims process. Once you initiate your FDC, you'll have up to one year to complete it. Should VA approve your claim, you'll be paid back to the day you initiated your claim."

 

    I see there are AT LEAST two risks.  

1.  If you file the FDC and you dont have all the evidence submitted, the end result is more delays.  HOw is a Veteran supposed to know if he has "all the evidence", anyway?  Is he supposed to be a rating specialist, or rely on a VSO who is?  

2.  Even worse is is the VA decides the claim because YOU said you had all the evidence, (and VA decides the claim based on evidence you submitted)  then you could not only lose your effective date, but delay it further, because VA will likely "deny" rather than switch to a "regular" claim.      You see, you add still another step:  Is the evidence you resubmitted "new and material"?  If it fails either test, then you wont be able to reopen it, and you will lose your effective date.    

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This is why they have the 21 526 EZ Forms  a veteran can submit that  for any claim new or for increase reconsideration what ever the case maybe.

As to where the FDC is basically for one claim to be decided And veteran has all evidence submitted to decide the claim.

if all evidence is not submitted and VA finds other evidence to support the claim or other wise  then its back tot he traditional claim.

as for as the wait time?  I believe its just up to the raters rather or not they want to work the claim in a timely manner or not..some veterans get there claims decided sooner than other veterans  so in my opinion its rather or not what kind of rater we get&the mood there in to decide the claim. 

 

jmo

 

...................Buck

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