Agreement Respecting Standardization Of Claim Forms And Practices

The VA procedures for informal claims, currently governed by Article 3.155, provide that an informal claim is any communication or act, i.e. in a non-standard format indicating that an applicant intends to provide benefits from an applicant, an authorized representative, a member of Congress or a person acting as an applicant`s next friend, who is not fully able to do business or is of legal age. which identifies the benefits sought. If no application has yet been filed, VA shall transmit an application to the applicant and, if it is submitted within one year from the date of filing of the informal claim, the application shall be deemed to have been filed from the date of receipt of the informal claim. 38 CFR 3.155 (a). Typically, if a claim to compensation is granted, VA pays a monthly benefit based on the severity of the Veteran`s obstruction from the effective date of the right, which is normally the date the entitlement was submitted. 38 U.S.C 5110. The inclusion of the word “shall” in Article 20.201(a)(2) would broaden the scope of claims for which the use of a form would be mandatory. While VA acknowledges these time costs for applicants when completing a mandatory application or complaint form, it concludes that this pre-charge is equal to applicants (or even less than the non-quantifiable time required for about half of applicants to draft non-standard filings and the time spent by VA: identify and clarify communications received in non-standard submissions. All of this contributes to delays in the processing and decision-making of claims and appeals, as well as to the general timeliness of service delivery to claimants. . .

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