Form 21-526EZ or Form 21-526B

[Fat]

What is the correct form to "reopen" a claim with new & material evidence?

 

All responses welcomed..........

[cd928]

May I asked how it went with your use of the 21-526b?

I'm considering using this form for asking for a higher rating on a existing service connected disability.  However, I've seen a lot of conflicting information, with some saying I should just use the EZ form anyway.

 

Thanks,

-C

[jfrei]

On 8/19/2015 at 2:24 PM, Fat said:

Thanks bluevet, but that doesn't answer the question.

I need to know the correct form.

My VSO says Form 526B is invalid and use Form 526EZ.

I thought 21- 526EZ was for "quickie" claims.

Is there a number where someone knows the right answer?

(202) 530-9470

[broncovet]

Be cautious when reopening.   There are 3 sets of circumstances in reopening and they yield vastly different results as follows:

1:  New service records 38cfr 3.156 C.  This works great if your records resubmitted are smr's.  It yields you an early effective date.

2:  Pending claim.  38 cfr 3.156 B.  This also yields an early effective date when you submit new evidence on a pending claim or appeal.

3.  When your new evidence is neither of the above, your effective date will be the date you submitted new evidence.  You might just as well submit a new claim, there is no advantage of submitting "new evidence".  

 

[MikeHunt]

On 8/21/2015 at 2:23 AM, Fat said:

I'm service connected for Rhinitis at 0%.

I just want to reopen the claim for a evaluation for a higher rating (10%).

That's a claim for increase.

[MikeHunt]

There's zero difference at the RO for FDC. You process based on when tracked items are due, and number of days in queue- The VSR will get their hand slapped if they don't send the 'excluded' letter, and add/subtract appropriate FDC/Excluded flashes to contentions- In true VA style even, especially, if it doesn't make any difference, LoL, the master bureaucracy at work.

Homeless and over 85yo are priorities, and, of course congs

The VSR will have to send out 'WTEMS' (What The Evidence Must Show) if you use a 526b, as it doesn't have those first one million pages of tiny print like the 526EZ.