Reg's Provide That A Report Of A Va Exam. Will Be Accepted

[lu12]

For benefits if the report relates toa disability which may establish entitlements to compensation benefits. 38 C.R.F. 3.157(a). could it be apply base on de novo basis.

Ex: If you in 2007 on a C&P examination for Depression and both Elbows complaint of cervical and shoulders pain and discomfort could you claim entitlement to s-c for for the last two conditions effective on the 2007 C&P examination even if that examination were not related to them.

Or then can you claim s-c base on a new claim a year after but claimed an effective date for service connection base on the previous C&P that was not related to your new physical conditions?

lu12

[Wings]

Year 2007, C&P Exam for Depression and both Elbows. During same C&P Exam also complained of cervical and shoulder(s) pain and discomfort.

Presently, would like to claim entitlement to SC for cervical and shoulder pain [documented] on the 2007 C&P Exam, even though that C&P Exam was not specifically tasked with evaluating those conditions.

lu12

If your cervical and shoulder pain and discomfort was DOCUMENTED on the 2007 C&P, then yes, you can raise the issue of Informal Claim for the effective date of award of service connection. You MUST follow an Informal Claim with a Formal Claim withing one year, I believe! Look up the CFRegs. ~Wings

[Wings]

x

x

x

Any communication or action, indicating an intent to apply

for one or more benefits under the laws administered by VA,

from a veteran or his representative may be considered an

informal claim. Such informal claim must identify the

benefit sought. Upon receipt of an informal claim, if a

formal claim has not been filed, an application form will be

forwarded to the claimant for execution. If received within

one year from the date it was sent to the veteran, it will be

considered filed as of the date of receipt of the informal

claim. However, when a claim has been filed which meets the

requirements of 38 C.F.R. § 3.151, an informal request for an

increase will be accepted as a claim. 38 C.F.R. § 3.155.

38 C.F.R. § 3.155 has the important function of making clear

that there is no set form that an informal written claim must

take. All that is required is that the communication

indicate an intent to apply for one or more benefits under

the laws administered by the Department, and identify the

benefits sought. Rodriguez v. West, 189 F.3d 1351 (1999).

A report of examination or hospitalization which meets the

requirements of this section will be accepted as an informal

claim for benefits if the report relates to a disability

which may establish entitlement. Once a formal claim for

pension or compensation has been allowed or a formal claim

for compensation has been disallowed for the reason that the

service-connected disability is not compensable in degree,

receipt of a report of examination or hospitalization by VA

or the uniformed services will be accepted as an informal

claim for benefits. The date of outpatient or hospital

examination or date of admission to a VA or uniformed

services hospital will be accepted as the date of receipt of

a claim. The provisions of this paragraph apply only when

such reports relate to examination or treatment of a

disability for which service-connection has previously been

established or when a claim specifying the benefit sought is

received within one year from the date of such examination,

treatment or hospital admission. 38 C.F.R. § 3.157.

[cowgirl]

Question? so 'theoretically' if one were to attend a va clinic appointment for treatment or recieve a C&P, then perchance another issue presents itself, then state to examiner , 'I want to claim sc for this new condition' or state 'I intend to claim sc for this secondary condition' thats informal? or not? Then to have that report considered, a record of the visit needs presented for the entitlement sought?

Say I got checked out for sc sinus condition and mention the headaches that go along with it are endless, saying "I am going to try to get these headaches service connected' - is that a possible statement of intent? If I were fortunate enough to have a care provider add this to thier notes? Then apply for sc for headaches, using the statement as recorded as the 'informal' reciept date of claim (also known as ED). hm.

x

x

x

Any communication or action, indicating an intent to apply

for one or more benefits under the laws administered by VA,

from a veteran or his representative may be considered an

informal claim. Such informal claim must identify the

benefit sought. Upon receipt of an informal claim, if a

formal claim has not been filed, an application form will be

forwarded to the claimant for execution. If received within

one year from the date it was sent to the veteran, it will be

considered filed as of the date of receipt of the informal

claim. However, when a claim has been filed which meets the

requirements of 38 C.F.R. § 3.151, an informal request for an

increase will be accepted as a claim. 38 C.F.R. § 3.155.

38 C.F.R. § 3.155 has the important function of making clear

that there is no set form that an informal written claim must

take. All that is required is that the communication

indicate an intent to apply for one or more benefits under

the laws administered by the Department, and identify the

benefits sought. Rodriguez v. West, 189 F.3d 1351 (1999).

A report of examination or hospitalization which meets the

requirements of this section will be accepted as an informal

claim for benefits if the report relates to a disability

which may establish entitlement. Once a formal claim for

pension or compensation has been allowed or a formal claim

for compensation has been disallowed for the reason that the

service-connected disability is not compensable in degree,

receipt of a report of examination or hospitalization by VA

or the uniformed services will be accepted as an informal

claim for benefits. The date of outpatient or hospital

examination or date of admission to a VA or uniformed

services hospital will be accepted as the date of receipt of

a claim. The provisions of this paragraph apply only when

such reports relate to examination or treatment of a

disability for which service-connection has previously been

established or when a claim specifying the benefit sought is

received within one year from the date of such examination,

treatment or hospital admission. 38 C.F.R. § 3.157.

[LarryJ]

"38 C.F.R. § 3.155 has the important function of making clear

that there is no set form that an informal written claim must

take. All that is required is that the communication

indicate an intent to apply for one or more benefits under

the laws administered by the Department, and identify the

benefits sought. Rodriguez v. West, 189 F.3d 1351 (1999)."

CG, I believe that the above pretty well predicates that the "informal claim" has to be written.

[Wings]

x

x

x

You must submit the informal/casual claim in writing; this action preserves the effective date of claim; then the VA is supposed to send standard forms. ~Wings

[cowgirl]

ok, hm, gotta process this in my pea brain, thanks Wings! cg's a laffin' :)

x

x

x

You must submit the informal/casual claim in writing; this action preserves the effective date of claim; then the VA is supposed to send standard forms. ~Wings