This eBook will teach you how to get C-Files (paper and electronic) from the VA Regional Office.
How to Get your VA C-File


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    • Should I file a claim now or wait?
      Thanks everybody, I think I will go ahead and push that go button!  The main reason is I want to establish the effective date soon as possible. 
    • Proof C&P Exams are often frauds
      Well, yes, remember who pays for your C and P exam.  Still, regulations provide that if you have a balance where 2 docs differ on opinion, the VA CAN choose one over the other, but has to give a reasons and bases as to why.   For example, one doctor can do a more thorough exam.  Or, one doctor can be preferred if he states he read your records, while another doc does not say this.   If you have been denied, the VA is required to give you the benefit of the doubt if the claim is "in equipose", that is, there is a balance between positive and negative evidence.   When you appeal, you can certainly argue that your private doc did a more thorough exam.   HOwever, your private doc may/may not made an applicable nexus statement.  YOu need to check your records to see if the nexus is there.  
    • Reopened Claim & sent my Medical Records as evidence.
      No real update other than they've been treating my back/migraines with medication. They're setting up an eye exam to see if that has anything to do with the migraines. The doctor they sent me to examined me and was amazed at how bad my physical condition was and the VA not taking any responsibility by not service connecting any of my conditions. (They told me that on an MRI I had in 2000 that I had herniated/bulged discs) I'm still waiting on some kind of update, but it's still in 'gathering evidence' stage. They have my service records now as well as chiropractic records and the records from this recent trip to the doctor. Wondering if I'll get another C&P exam scheduled as I can't find anything in my eBenefits records history about the first one I had and the medical building I had it done at has been out of business for several years. They did send an email saying they should have a decision on my claim by April 2017??? Wow...That's weird they would even set that deadline so far out...so I really don't know what to do but wait...
    • DRO hearing
      Berta please read and tell me what you think. John D is on this for me as I type this.   "With respect to the issues pending before the VA which are, service connected bowel, bladder and PT (Permanent and Total) status, please consider;   1st with respect to the issue of PT. I have provided for the VA, very probative evidence not only from Dr. Craig Bash, but also the SSA that clearly shows that I should be PT. VA has yet to consider this evidence and I wish to go on record, that if the VA would rate me PT, I would drop ALL pending issues for service connected disability. This seems the easiest way for everyone and will save myself and the VA time and effort.   2nd, if the VA denies PT or refuses to allow issue 1 noted above to take place, then consider the following; I understand through my POA, that the DRO is mandating a C&P exam for the bowel/bladder. Apparently to reconcile Dr. Bash's IMO and other medical evidence in my favor, against a refuting record from 2012-2013. This constitutes a CUE in my opinion as the VA is obligated to not only apply the doctrine of reasonable doubt under CFR 3.102, but also apply VA's CFR mandate of relative equipoise in my favor. The evidence of record is clearly in my favor and Dr. Bash's opinion is at least as probative if not more than any other refuting opinion. I feel as if the VA is "doctor shopping" to secure a opinion against me, when the evidence is already clearly in my favor.    In short, I will not be attending any additional CP exam for bowel/bladder and I encourage the VA to rate me PT of which I will drop all remaining claims. By doing this, we can save everyone the time and effort to further develop and adjudicate pending issues. This would also allow the VA to more timely assist other veterans by clearing my issues off of the board."
    • Proof C&P Exams are often frauds
      Wow, I go to my C&P Thursday.. Sorry to hear that man.
    • Increase Upgrade rather then DRO or Re open
      A claim for increased disability in a compensation claim that was previously denied because all service-connected (SC) disabilities were considered noncompensable is a “claim for increase.”   I received on Dec 30 2015 eed of 8/2015  I received a non  compensable rating of migraines the CNP and the DBQ  stated I was prostrate weekly so in 3/20/2016 I filed for an upgrade within the year I also submitted new evidence a DBQ by a VA doctor in my favor as well as pointed at the past evidence in the DBQ done during the CNP of the orig claim,    now I was told I Cant file for an upgrade unless a year has passed is that true even though I have new evidence? Also will the VA see that if I cant and change it to an UPgrade ?
    • Proof C&P Exams are often frauds
      I lived I a VA hospital 6 months with failed pancreas surgeries.. yet they take the word of a screwy C&P examiner over the 6 months of VA records as an inpatient. The doctors and nurses write every move you make, every word you utter. 6 months of those records fill up those huge paper boxes used for zerox paper. You would think the VA would read those records. Instead they send you to some doctor who is only there to make you look bad at a C&P exam. Instead of a neutral doctor the ones they use for the C&P act like you are a fraud. They see you for a few minutes ask questions like a bad interrogation, trying to trip you up with statements. Those answers that are undeniable proof are in the records from your service and the 20 years of medical records plus the 6 months as an inpatient.   IMHO  
    • PTSD Claim and Reconsideration transfered claim was lost and found very confused
      I am a Veteran who has been diagnosed with PTSD by my VA Doctors in Montrose NY they implored me to go to the Montrose PTSD unit and I was told that the Montrose VA only takes Veterans who have in service stressors. I filed my claim for PTSD in Aug of 2015 the denied me in Jan 0f 2016 and never sent me a SOC or denial letter and denied me with out a CNP and  with out reviewing my PTSD diagnosis of Aug 2015 and my stay at PTSD unit in Oct until Nov 2015 since then I asked for a reconsideration  of the PTSD decision after I surmised I was denied and I also submitted new evidence like my diagnosis and the the stay at Montrose PTSD unit and Buddy Letter from a shipmate I did this on 3/20/2016 they closed it with no letters sent no CNP etc no letters in system I was told to put it back in and I did on 4/42016 and it was closed again on 4/26/2016 I then was told to put contention back in I did on 4/30/2016 and this was closed on 5/6/2016 no letter no SOC no CNP no nothing. my case was in NJ regional office I contacted them and the Homeless veterans coordinator then got my caseopened EED of 3/20/2016, then he had my case transferred to NY because I am homeless in NY and then it was closed again, I was   recently at a  standown where a Homeless veterans person with the regional office in NY  who contacted me verified I was a homeless took a state ment , she contacted me and told me that my case was going to a special unit I also have congressional liason who has been supportive and in contact I should be red flagged for homeless and it was a FDC claim as well they have a congressional inquiry where they found an old appeal from 2014 that was never dealt with any ways I need to understand what is going on or if anyone has deal with a similar situation, { How long my appeal since 2014 DRO should that take and also how long should a reconsideration for a homeless vet take this is not a new claim any input please.
    • Exams during flare up?
      The Knee and Leg     Rating 5256   Knee, ankylosis of:   Extremely unfavorable, in flexion at an angle of 45° or more 60 In flexion between 20° and 45° 50 In flexion between 10° and 20° 40 Favorable angle in full extension, or in slight flexion between 0° and 10° 30 5257   Knee, other impairment of:   Recurrent subluxation or lateral instability:   Severe 30 Moderate 20 Slight 10 5258   Cartilage, semilunar, dislocated, with frequent episodes of “locking,” pain, and effusion into the joint 20 5259   Cartilage, semilunar, removal of, symptomatic 10 5260   Leg, limitation of flexion of:   Flexion limited to 15° 30 Flexion limited to 30° 20 Flexion limited to 45° 10 Flexion limited to 60° 0 5261   Leg, limitation of extension of:   Extension limited to 45° 50 Extension limited to 30° 40 Extension limited to 20° 30 Extension limited to 15° 20 Extension limited to 10° 10 Extension limited to 5° 0 5262   Tibia and fibula, impairment of:   Nonunion of, with loose motion, requiring brace 40 Malunion of:   With marked knee or ankle disability 30 With moderate knee or ankle disability 20 With slight knee or ankle disability 10 5263   Genu recurvatum (acquired, traumatic, with weakness and insecurity in weight-bearing objectively demonstrated) 10
    • Exams during flare up?
      §4.40   Functional loss. Disability of the musculoskeletal system is primarily the inability, due to damage or infection in parts of the system, to perform the normal working movements of the body with normal excursion, strength, speed, coordination and endurance. It is essential that the examination on which ratings are based adequately portray the anatomical damage, and the functional loss, with respect to all these elements. The functional loss may be due to absence of part, or all, of the necessary bones, joints and muscles, or associated structures, or to deformity, adhesions, defective innervation, or other pathology, or it may be due to pain, supported by adequate pathology and evidenced by the visible behavior of the claimant undertaking the motion. Weakness is as important as limitation of motion, and a part which becomes painful on use must be regarded as seriously disabled. A little used part of the musculoskeletal system may be expected to show evidence of disuse, either through atrophy, the condition of the skin, absence of normal callosity or the like.        §4.45   The joints. As regards the joints the factors of disability reside in reductions of their normal excursion of movements in different planes. Inquiry will be directed to these considerations:  (a) Less movement than normal (due to ankylosis, limitation or blocking, adhesions, tendon-tie-up, contracted scars, etc.).  (b) More movement than normal (from flail joint, resections, nonunion of fracture, relaxation of ligaments, etc.).  (c) Weakened movement (due to muscle injury, disease or injury of peripheral nerves, divided or lengthened tendons, etc.).  (d) Excess fatigability.  (e) Incoordination, impaired ability to execute skilled movements smoothly.  (f) Pain on movement, swelling, deformity or atrophy of disuse. Instability of station, disturbance of locomotion, interference with sitting, standing and weight-bearing are related considerations. For the purpose of rating disability from arthritis, the shoulder, elbow, wrist, hip, knee, and ankle are considered major joints; multiple involvements of the interphalangeal, metacarpal and carpal joints of the upper extremities, the interphalangeal, metatarsal and tarsal joints of the lower extremities, the cervical vertebrae, the dorsal vertebrae, and the lumbar vertebrae, are considered groups of minor joints, ratable on a parity with major joints. The lumbosacral articulation and both sacroiliac joints are considered to be a group of minor joints, ratable on disturbance of lumbar spine functions.   §4.59   Painful motion. With any form of arthritis, painful motion is an important factor of disability, the facial expression, wincing, etc., on pressure or manipulation, should be carefully noted and definitely related to affected joints. Muscle spasm will greatly assist the identification. Sciatic neuritis is not uncommonly caused by arthritis of the spine. The intent of the schedule is to recognize painful motion with joint or periarticular pathology as productive of disability. It is the intention to recognize actually painful, unstable, or malaligned joints, due to healed injury, as entitled to at least the minimum compensable rating for the joint. Crepitation either in the soft tissues such as the tendons or ligaments, or crepitation within the joint structures should be noted carefully as points of contact which are diseased. Flexion elicits such manifestations. The joints involved should be tested for pain on both active and passive motion, in weight-bearing and nonweight-bearing and, if possible, with the range of the opposite undamaged joint. These are some of the references 

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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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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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