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    • http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp92/files1/9209631.txt This is the only BVA case that even mentions Tompkins Barracks. They did have a report that this vet went to the Tompkins Barracks dispensery Was your unit in support of other units there? Buck is all of this based on your filing of a DD 149? PR, (Flip Zeilig) a wonderful advocate who left us not long ago, mentioned that for a small fee there were people at the National Archives who can do a detailed search...I don't know how that goes...a few months ago I noticed he had been to my profile so I emailed him at the last email I had ,from many years ago, but no reply...you might have a more recent email for him...??  
    • My DRO in 2005 told my former vet rep she could not read. That is ,he told me she said she could not read my IMO from Dr. Bash and handed it back to him. Based on the SSOC (this was a double DRO review-same DRO who ignored the IMO the first time too) I said I hope you gave it back to her to put into the record , he hesitated and then suddenly said...'well I got you another VA medical opinion (posthumous C & P exam) she (the DRO)said she would set up...I was pretty surprised she did that for me....'(like it was a great big deal) I said ,if she said she could not read the IMO from Dr Bash, how the hell can she read the C & P results from any doctor? no answer. The SSOC clearly reveals that one of them was lying.This was 2005. The DRO might well be a VARO director by now. The vet rep is long gone........
    • You could also ask them to CUE the decision,if they completely disregarded the letter from your PCP  "The rater just denied me even though i had my PCP write me a letter stating the the hip DJD was more than likely because of a documented auto accident i had while in service!    I'm going to NOD on both the back because of the conflicting evidence from the C&P nurse and the rater and the hip because of the letter and the auto accident in my service medical records!" If the VA has probative medical evidence-which that letter would be- and does NOT consider it or mention it at all in their decision, your rights under 38 CFR 4.6 have been violated. what I mean is searchable here under 38 CFR 4.6. ( my favorite regulation) When VA gave you the 80% , were you employed? and are you still employed? If you are not employed did they consider you for TDIU? BTW, the VA intends to give APRNs full medical authority in the future, I guess to save money on hiring more doctors. There is discussion here as to when the Federal Register published these proposed new regulations. I have no status of this latest attempt by VA to provide inappropriate C & P exams and also possibly inappropriate medical care. Nothing wrong with good APRNs at all..it is the point that they they are NOT doctors.      
    • Yes Ms berta I have google it, It said my unit or the place I was station was closed down and no longer exist, the US Gov gave back the post to the German Army I was station at in Germany the post was Tompkins Barracks Schwetzingen Germany  just about 50 miles south of Mannheim Germany,  after all it was there post back in war war II. I remember The 4 story buildings had built in Rifle Racks  the old M-14 Style Rifles built in the walls of the all the Halls, I worked part time at night at the EM Club  just across the street from the compound as a Bar Back to make extra spending $$ and pass my time There were probably 4 different units there mostly made up as Heavy Equip Maintenance and Ordnance units. I gave ARRB(Army Records Review Board) all this information and what my unit was & location and close to the time I was there, I just don't have any records that I was there  nothing? and NARPC don't seem to have any records  but I was there...so ARRB is basing there decision on no records found  to deny my request of getting my DD-214 Corrected. I have a Year to Appeal the decision  I wrote them a nice long letter back to disagree respectably with the decision of the Board and requested for them to search for my Records, I have tried all I know to get them with 2 request to the NARPC in St Louis to help me (SIGN FOIA)  and so for I come up empty  but I swear I was there 10 months and there's got to be a record of it some where? However NARPC did send me some Vietnam Records of Unit reports and Locations of my Vietnam Service..which help me with my PTSD Claim When I arrived in Franfurt I  Rode in the back of a Duce 1/2 to Schwetzingen Germany to my unit.  nearly froze my Hinnie off. Wanting this change to my DD-214 is not for claim reasons;  I just want my DD-214 To be corrected as the places I served and the dates to be correct. rather a personal thing with me.
    • I am sure we have a link to them here but could not find it.   http://www.va.gov/ogc/precedentopinions.asp Most VAOGC precedent setting opinions are incorporated into M21-1MR changes but that does not mean the VA will consider them, as they are written, so any claimant who has a legal issue would do well to see if the VAOGC has already resolved their issue , via an opinion, after a search of the VA link above, and they can offer a copy of the VA Prec Op as evidence. I have a legal issue and VA refused to consider the VA OGC Prec Op regarding my issue.   When I started to prepare my appeal, I found I had many pages of rhetoric and a long exhibit list all explaining the situation and I took the time to keep editing it all down. The good part, when you do take the time to keep reviewing your appeals, is that to prepare an outline of the main points- based on the reasons and Bases of the decision as these are really the only points you have to cover in the appeal, with evidence specifically geared to their decision and why it is wrong. My appeal became less than 3 pages long and the sole  pieces of Evidence is the VA OGC Prec Op that proves my contention,  a 2 page copy of a 1998 rating sheet, and a brief print out from the VA website itself,that supports the claim. My last I-9 was a far different situation, a fairly complex medical issue that involved a long evidence list, but was resolved primarily due to 3 IMOs I had that my RO failed to consider....and as I mentioned here before ( this was my 2003 DMII AO death claim) it took me quite some time to word the claim properly because it was, in fact an additional 1151 issue I had but was filed for a direct service connected award. If I had filed under 1151,it would have been denied because I already had proven 1151 death.I had to prove direct SC death.( DMII AO awarded by the BVA 6 years after filing the claim) I found a good way to prepare appeals on the I-9 is to have an outline.(I have already posted here how I also develop war plans for claims... this is different than the war plan--- In 2003 I was in Military school and was doing outlines for every thesis I wrote,  after my daughter insisted I should re open my claim. My USMC Professor demanded Perfection. It was hard work, but That is what he got from me, but I didn't want to even think about having another  claim the VA anymore. Finally I did as my daughter suggested. She was right! I realized an outline for a college thesis is the same as a good way to sort out your thoughts for the I-9 It means starting out with the exact reason the decision is wrong, using the VA's words directly from the decision. Paragraph # 1 Hit them right away with your evidence,that proves they are wrong  referring to it as A,B, C, etc and list it on the evidence list you send in with the I-9. Paragraphs 2, 3, etc. Conclude the appeal by adding any other regulations or records they overlooked or misinterpreted. Then put it all away for a few days....because every time you give it a fresh look, it will start to shape itself. Leave out the negative stuff about the VA. The BVA knows how inefficiently our claims are handled by the VAROs.That is why their backlog is so large. And try to keep the appeal as short as you can,sticking to the main points in the reasons and bases that are wrong. As far as I know , when BVA dockets a case, you will always have time, before they make their decision to send in any other probative evidence you might have uncovered. I collected probative evidence during the entire 6 years my DMII AO death claim took and even after the award came I was still in the evidence seeking mode (and even found more) (sorry this older post below in is this reply, it kept popping up and I cant delete it.)                





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carlie

Important - Form 21-526B

5 posts in this topic

This was just brought to my attention:

It is highly recommended to use a Veteran's Supplemental Claim - VA Form 21-526b only for new additional, increase, appeal, or secondary claims. It is a special cover sheet which the RO will use to quickly route the claim to the appropriate department, instead of someone having to read and interpret the entire 21-4138.

You can go to Hadit's Homepage - click on Forms -

OR -

click here: http://www4.va.gov/vaforms/

enter 21-526b and a fillable copy of the form will download and open up.

OMB Control No. 2900-0001 Respondent Burden: 15 minutes

VA DATE STAMP DO NOT WRITE IN THIS SPACE

VETERAN'S SUPPLEMENTAL CLAIM FOR COMPENSATION

IMPORTANT: PLEASE READ THE PRIVACY ACT NOTICE AND RESPONDENT BURDEN INFORMATION BELOW BEFORE COMPLETING THIS FORM.

PART I - VETERAN'S IDENTIFYING INFORMATION

1. NAME OF VETERAN (First, Middle, Last)

2. VETERAN'S SOCIAL SECURITY NUMBER

3. VA FILE NUMBER

4. VETERAN'S ADDRESS (Number, street or rural route, City or P.O., State and ZIP Code)

5. TELEPHONE NUMBER(S)

6. E-MAIL ADDRESS (If applicable)

A. DAYTIME (Include Area Code)

B. EVENING (Include Area Code)

PART II - INFORMATION ABOUT CLAIM

7. I WOULD LIKE TO FILE A CLAIM FOR: (Check all that apply)

INCREASED EVALUATION OF THE DISABILITY(IES) FOR WHICH I AM ALREADY SERVICE CONNECTED (Provide the name of the disability(ies))

SERVICE CONNECTION FOR NEW DISABILITY(IES) (List your new disability(ies))

REOPENING OF PREVIOUSLY DENIED DISABILITY(IES) (List your previously denied disability(ies))

DISABILITY(IES) SECONDARY TO MY EXISTING SERVICE CONNECTED DISABILITY(IES) (Provide the name of the disability(ies) and your service connected condition(s))

8A. NAME AND LOCATION OF VA MEDICAL CENTER THAT HAS MY RELEVANT TREATMENT RECORDS

8B. NAME AND ADDRESS OF MILITARY FACILITY THAT HAS MY RELEVANT TREATMENT RECORDS

8C. DO YOU HAVE PRIVATE TREATMENT RECORDS?

YES NO

(If "Yes," please attach the treatment records to this form. If you would like to have VA request your private treatment records, please attach a VA Form 21-4142, Authorization and Consent to Release Information to the Department of Veterans Affairs, for each private treatment provider. The form is available at www.va.gov/vaforms.)

9. I WOULD LIKE TO FILE A CLAIM FOR OTHER VA BENEFITS (Check appropriate box) AID AND ATTENDANCE OTHER (Specify benefit) AUTOMOBILE ALLOWANCE

10. I WOULD LIKE TO FILE A CLAIM FOR ADDITIONAL BENEFITS BECAUSE MY SPOUSE IS SERIOUSLY DISABLED (Please provide spouse's name and social security number in Items 10A & 10B)

A. SPOUSE'S NAME

B. SPOUSE'S SOCIAL SECURITY NO.

11A. VETERAN'S SIGNATURE (Do NOT print)

11B. DATE SIGNED

PRIVACY ACT NOTICE: The VA will not disclose information collected on this form to any source other than what has been authorized under the Privacy Act of 1974 or Title 38, Code of Federal Regulations 1.576 for routine uses (i.e. civil or criminal law enforcement, congressional communications, epidemiological or research studies, the collection of money owed to the United States, litigation in which the United States is a party or has an interest, the administration of VA programs and delivery of VA benefits, verification of identity and status, and personnel administration) as identified in the VA system of records, 58VA21/22/28 Compensation, Pension, Education and Vocational Rehabilitation and Employment Records - VA, published in the Federal Register. Your obligation to respond is required to obtain or retain benefits. Giving us your SSN account information is mandatory. Applicants are required to provide their SSN under Title 38 USC 5101 © (1). The VA will not deny an individual benefits for refusing to provide his or her SSN unless the disclosure of the SSN is required by Federal Statute of law in effect prior to January 1, 1975, and still in effect. The requested information is considered relevant and necessary to determine maximum benefits under the law. The responses you submit are considered confidential (38 U.S.C. 5701). Information that you furnish may be utilized in computer matching programs with other Federal or state agencies for the purpose of determining your eligibility to receive VA benefits, as well as to collect any amount owed to the United States by virtue of your participation in any benefit program administered by the Department of Veterans Affairs.

RESPONDENT BURDEN: We need this information to make an eligibility determination for veterans' filing supplemental compensation claims (38 U.S.C. 5101). Title 38, United States Code, allows us to ask for this information. We estimate that you will need an average of 15 minutes to review the instructions, find the information, and complete this form. VA cannot conduct or sponsor a collection of information unless a valid OMB control number is displayed. You are not required to respond to a collection of information if this number is not displayed. Valid OMB control numbers can be located on the OMB Internet Page at www.whitehouse.gov/omb/library/OMBINV.VA.EPA.html#VA. If desired, you can call 1-800-827-1000 to get information on where to send comments or suggestions about this form.

VA FORM SUPERSEDES VA FORM 21-526B, JUL 2009, MAY 2010 21- 526b WHICH WILL NOT BE USED.

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Thanks for the information. It looks like it could be helpful.

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Carlie,

Thanks. Great info. I can see why they prefer this one.

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It probably will help prevent our claim files from being routed to the RO cafeteria. :lol:

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x

x

x

21-526b

(PDF) </FONT>Veteran's Supplemental Claim for Compensation (Fillable)6/10/201005/20101

see attached pdf

VBA 21-526b.pdf

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