Supplemental w/ 5103

[Mr Anxiety]

Hello all,

I spoke with Betty this morning, and found out my supplemental claim has auto-generated a 5103 request - which means they're asking me for additional evidence, even though I already supplied everything. Below are some questions I sent my VSO, but thought I might get an answer faster here:

Good morning!

 

My supplemental claim now appears on VA.gov, with a receive date of 2/10.

 

I called the VA this morning, to see if they needed anything from me, and now I (of course) have questions.

 

1) They said they sent out a 5103, which is apparently a request for info not in my file. However, I know that was provided to them already, so is the 5103 necessary?

2) I notice now we're appealing the decision for my left knee & shin, nexus my right knee. That is concerning to me because when I reopened the claim, it was against my lower back and left ankle sprain - which are both SCD. The latter claim received a positive DBQ, while the former did not.

3) Do I need to submit the positive DBQ when I receive the 5103?

4) The Rep at the VA informed me that in December there was a DBQ addendum, which apparently is because there was a disagreement between the two DBQs. This concerns me because if they use the "right knee" nexus, that DBQ is less likely than not while the lower back and left ankle DBQ is at least as likely.

 

Thanks!

[vetquest]

I would send the positive DBQ with your 5103, they might have it already but if they do not it could hurt your claim.  The VA for some reason generated a 5103 on my last fully developed claim and I had to call and tell them I had no more evidence. 

The VA does not always get the claims right.  When I filed my NOD they added conditions to my appeal that I did not have on the original DBQ.  If you are concerned that they have not handled your claim correctly I would note this on the 5103 also.

[Mr Anxiety]

1 hour ago, vetquest said:

I would send the positive DBQ with your 5103, they might have it already but if they do not it could hurt your claim.  The VA for some reason generated a 5103 on my last fully developed claim and I had to call and tell them I had no more evidence. 

The VA does not always get the claims right.  When I filed my NOD they added conditions to my appeal that I did not have on the original DBQ.  If you are concerned that they have not handled your claim correctly I would note this on the 5103 also.

Excellent, thank you. I will do that then, better safe than sorry.

I'm still trying to figure out who Betty is LOL. Whoops.

[Berta]

"1) They said they sent out a 5103, which is apparently a request for info not in my file. However, I know that was provided to them already, so is the 5103 necessary?"

 

I assure you that vetquest is right- send them again anything they might have already such as the 5103 and the DBQ.

I receive one 5103 for 2 separate claims.The VARO VSO verified to me by phone that they had all of the evidence for both claims because I made him read back to me what he had received that I also listed ( and advice all to do this- I had listed all of the enclosures on the 5103.)

( so he could not just agree by phone  with what I said I had sent.I think he then shit canned my evidence-and made that point in a cmplaint I filed with the Inspector General.

It was the second serious VCAA error this RO committed , and 5103 or VCAA errors will screw up a claim for years.

"I'm still trying to figure out who Betty is LOL. Whoops."

Maybe you mean what we call the 1-800-827-1000 VA number- 

Peggy-

because of this:

 

https://community.hadit.com/topic/69514-peggy-for-newbees/

 

 

 

[Mr Anxiety]

4 hours ago, Berta said:

"1) They said they sent out a 5103, which is apparently a request for info not in my file. However, I know that was provided to them already, so is the 5103 necessary?"

 

I assure you that vetquest is right- send them again anything they might have already such as the 5103 and the DBQ.

I receive one 5103 for 2 separate claims.The VARO VSO verified to me by phone that they had all of the evidence for both claims because I made him read back to me what he had received that I also listed ( and advice all to do this- I had listed all of the enclosures on the 5103.)

( so he could not just agree by phone  with what I said I had sent.I think he then shit canned my evidence-and made that point in a cmplaint I filed with the Inspector General.

It was the second serious VCAA error this RO committed , and 5103 or VCAA errors will screw up a claim for years.

"I'm still trying to figure out who Betty is LOL. Whoops."

Maybe you mean what we call the 1-800-827-1000 VA number- 

Peggy-

because of this:

 

https://community.hadit.com/topic/69514-peggy-for-newbees/

 

 

 

Hi Berta,

Thanks for your response. I will definitely resubmit the DBQ and my MRI results from private care as soon as the 5103 arrives (hopefully this week).

As for the "Betty" comment - I was making fun of myself, I called her Betty instead of Peggy in the original post. Too little sleep.