Claim submitted 1 day late

[Diane]

I filed a claim Dec 11, 2015 and completed all paperwork to my VSO on Dec 7, 2015.  He ensured me that he would put it in by the 11th but he didn't.  Needless to say that canx my old claim and generated a new one.  He put in a waiver but said it could take awhile.  Has this happened to anyone else and if so, what did you do?

[NoTheEnemy]

7 hours ago, Diane said:

I filed a claim Dec 11, 2015 and completed all paperwork to my VSO on Dec 7, 2015.  He ensured me that he would put it in by the 11th but he didn't.  Needless to say that canx my old claim and generated a new one.  He put in a waiver but said it could take awhile.  Has this happened to anyone else and if so, what did you do?

I'm going to assume that you mean you filed an informal claim (VA Form 21-0966 Intent to file) on 12/11/2015, sent the paperwork to the VSO on 12/7/2016 but the VA received the completed claim on or after 12/12/2016?

What do you mean by "canceled old claim"? If the previous statement of mine above is correct, then VA won't "cancel" your claim. We can't withdraw a claim unless the veteran or POA instructs us to. And as a matter of fact, a submission of Form 21-0966 isn't even a claim. Its basically used to lock in an effective date (date VA received 21-0966) for up to one year. If we receive the formal claim (526 EZ) after a year, then we simply use the date we received the formal claim as the effective date (assuming this is an original claim).

I have never heard of a waiver to reinstate the date of the 21-0966 as the effective date after the 1 yr expiration date has passed

[Gastone]

Then there is always the possibility that your "Well Meaning" VSO-Rep, didn't get your Original Claim filed by the "Drop Dead" Date. Have you or the VSO started a New FDC yet?

From your post, for some reason, it took you until Monday 12/07/15 to get (your paperwork?) back to your VSO-Rep. You didn't follow up to be sure is was forwarded to the VA? Could you elaborate as to why it took so long to complete your "Paperwork?" What DX's are you trying to get SC'd?

You learned a very important lesson, might be time to handle your own claims, just use your VSO as a sounding board regarding Claims Issues.

Just don't beat yourself up too bad for being a procrastinator and not getting your Claim submitted in a timely manner, which results in you losing 12 months of Retro. Your not the 1st Vet to screw up, and you certainly won't be the last.

I did the same thing myself in 12/15, missed hitting the Submit Button on E-ben by (1) day, my Bad. You Frack up, just suck it up and move on. It's your Claim, your responsibility, get back to work on it.

Semper Fi

[Diane]

It did take me almost a year...my bad, but I took to him personally 3 binders of information, very organized, with doctor statements, personal statements, medical records, etc on the 7th.  He assured me he would submit on the 8th.  The 11th fell on a Sunday so the VA should cut me some slack I would think.  The new FDC started on 12 Dec and I called him and he said he would talk to his superiors and they told him to put in waiver.  I've seen the waiver so I know it was submitted and another individual who works at VA saw it also in the system.  It was received in the VA office on the 7th, no mention of putting it in myself or I would have.  He said he would do it and didn't. 

[Gastone]

All part of the VA Claims "Learning Curve."

At some point, if you choose, give us a list of the DX's you're trying to SC (Service Connect).

My FTC E-Ben "Drop Dead"  12/15 date was on a Sunday also, E-Ben closed it that am, they don't play.

Sounds like your getting it squared away. What's the deal with all the supporting Evidence you had to get together? None of it was in your SMR or VMC or private Hospital/ Dr's records?

Semper Fi