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jetdoc3037

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Received word today on my new claim with the VA....seems I must have checked SAH and since I didn't submit a 26-4555 the claim will not be a FDC now, but will be standard claim...I must have been crossed eyed and I didn't see or mean to do this in my claim, is it to late to say, 'never mind'? and if I can will my claim got back to a FDC?

Also I claimed exposure to the contaminated drinking water at Lejeune....It then stated my personnel records show I was at New River, and plz submit evidence of service at Lejeune....I submitted some papework that stated being stationed at New River was also considered as being part of the Lejeune problem...did I misread or was I freaken plain wrong?

 

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Please take a breath, and restate your concerns in detail BEFORE stating how the VA system reacted.  This is time for patience, believe me.  This is a slow process and can take anywhere from 1-20yr to complete.  Yeah, I know that does NOT sound encouraging, but what is the alternative?

I'm pushing 4yr into the process, though I have received MOST of what I need, I AM STILL fighting to get the correct effective date.   What does that mean?... Patience... Nothing moves quickly in the VA system.  This SITE has great  info and advice, so take some time and ask questions on how to proceed. 

Best wishes...

Edited by HorizontalMike
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I agree with HorizontalMike. The VA is not known for their speed regardless of whichever path you take. It can vary between VARO. However, at least you got a response which means someone was actually working on it.

If you submitted very recently, like within the last 30 days, starting over might be an option. If you say "never mind", then you might lose an earlier effective date which might reduce the amount of any retro if your combined rating is increased.

VA staff is often pressured to work very quickly, search for certain key phrases, etc... The VA person who questioned New River was likely just looking for only "Camp Lejune" in your personnel records. I think you did the right thing by informing them it was included.

 

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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You got good advice from Horizontal Mike.  Trying to "force" this back into a FDC, will likely not achieve the result you want.  The "switch" from  FDC to non  FDC means that someone at VA discovered there was missing evidence.  That wont go away, by forcing it back into FDC, but will simply get you a denial as the VA thinks your claim is not fully supported by the current evidence available.  

If you do this, you will likely put your claim time from months in RO decision, to years in appeal review at the BVA.    Its like sawing your hand off to see if VA will sew it back on correctly.    VA will take its sweet time getting your missing evidence, and your best method is to "feed" the VA with the evidence they want.  

If you dont feed them the evidence they want, then they will gnaw on YOUR life, tho they may do that anyway.  

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If you checked the box #7a that you were homeless and didn't submit the VA26-4555 as required then Yes, you most likely have it is now a traditional claim.  There isn't a box to check for SAH.  Look at the FDC form again http://www.vba.va.gov/pubs/forms/VBA-21-526EZ-ARE.pdf

You mentioned you did not keep a copy of the FDC since you filed online so I can't really respond as to what you did but rather just guess as to what you did.

You asked this on another forum which I gave you solid advice.  Did you call Peggy like we discussed?

US Navy Desert Storm Veteran
Proudly served my Country!!! :biggrin:

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Thanks for the advise fella's...I know its a slow process and that is not a problem.....Navy4life, again I posted on this forum the same time as the other, for various opinions from various posters....so yes you are correct that I posted on yuku. I did call Peggy and he gave me a fax number to send some things to. He said, while reviewing my claim, that I did check box 7a, and if I did not mean to do that then to fax a letter to the number he gave me explaining what happened and they can remove it, he can't.

He also said about the drinking water, yes as far as he understands, New River is covered in the LeJeune situation.....I found some more supporting docs stating such, so he said to fax that in as well, and explain it again.

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3 minutes ago, jetdoc3037 said:

Thanks for the advise fella's...I know its a slow process and that is not a problem.....Navy4life, again I posted on this forum the same time as the other, for various opinions from various posters....so yes you are correct that I posted on yuku. I did call Peggy and he gave me a fax number to send some things to. He said, while reviewing my claim, that I did check box 7a, and if I did not mean to do that then to fax a letter to the number he gave me explaining what happened and they can remove it, he can't.

He also said about the drinking water, yes as far as he understands, New River is covered in the LeJeune situation.....I found some more supporting docs stating such, so he said to fax that in as well, and explain it again.

jetdoc;

I only made my statement, b/c I provided you SOLID advice...sorry if you did not think it was as such but that is exactly what I thought, you had to have checked #7a!  I nailed it.  The fix seems easy, so sounds like they can amend the FDC for #7a with a fax from you requesting to do so...

Hope it resolves your issue and your FDC moves forward....

 

Edited by Navy4life

US Navy Desert Storm Veteran
Proudly served my Country!!! :biggrin:

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