Okay, Here's A Question For All You Smart Folks.

[LarryJ]

application for all benefits to which a veteran is entitled? Is an application for one benefit considered an application of all available benefits, or, at least is the VA supposed to consider it as such, and send you the necessary forms?

For example, if you applied for compensation due to a service connected condition....would that application also constitute an application for any and all other benefits to which you are entitled?

Or, say you applied for a Chapter 35 benefit and had not yet applied for compensation, would that be considered an informal claim for compensation, and wouldn't the VA then be required to send you the other application forms necessary to bring you forward to the point of your claim (in other words, bring you to the point of being able to pursue your sought-for Chapter 35 benefit)?

[Josephine]

Larry,

I am only saying yes, for I never applied for the Non- Service connected Pension for which I was granted.

I was told at the time, if the VA could not grant me compensation, they would take it upon their own

to file other claims to benefit me.

I was denied for the service connected compensation and it states so on the SOC, but wishes to inform me they can grant

me non- service connection pension.

Also I have a home loan certificate dated 1978 and used in 1987 and never sent to me in 1978.

I also filed at the same time for compensation.

Betty

Edited April 26, 2008 by Josephine

[carlie]

application for all benefits to which a veteran is entitled? Is an application for one benefit considered an application of all available benefits, or, at least is the VA supposed to consider it as such, and send you the necessary forms?

For example, if you applied for compensation due to a service connected condition....would that application also constitute an application for any and all other benefits to which you are entitled?

Or, say you applied for a Chapter 35 benefit and had not yet applied for compensation, would that be considered an informal claim for compensation, and wouldn't the VA then be required to send you the other application forms necessary to bring you forward to the point of your claim (in other words, bring you to the point of being able to pursue your sought-for Chapter 35 benefit)?

Larry,

In my opinion the answer is NO.

Now when a vet files a form 21-526, this is considered as both an application

for Compensation/Pension, but filing this IN NO WAY, substitutes as application for

any and all benefits to which you MAY be entitled.

As an example:

Vet files 21-526 for SC Disability - VARO grants claim at 10 % SC.

Two years later vet files for increase, VARO denies, vet files NOD, NOD is denied,

vet request DRO hearing, presents N&M evidence, DRO grants SC increase to 30 %.

VA SHOULD send vet a form 21-686, along with this new decision.

Vet reads Decision and feels - OH Great, VA raised me to 30 % and does nothing further

on the claim.

Three years later vet realizes - hey I should be getting paid dependent pay for my husband and 2 children, vet contacts VA - VA asks, did you fill out and send in form 21-686 that VA sent

with your decision that granted 30%, vet says no - I didn't get one.

VA sends 21-686 to vet, vet completes and returns it.

Vet feels they will get retro pay for dependents back to the day the 30 % requirement was met,

NO, NO, only back to when VA acknowledges (or vet can prove receipt by VA) they received PROPERLY filled out form 21-686,

of course along with the proper documentation that goes along with it.

This shows vet just lost out on at least 3 years of dependent pay with no way to re-coup it.Here's some links that may provide better answers for you.Hope this helps a vet.carlie VA Health Care Requesthttps://www.1010ez.med.va.gov/sec/vha/1010e...vha-10-10ez.pdf Form 21-526For Compensation and Pensionhttp://www.vba.va.gov/pubs/forms/VBA-21-526-ARE.pdf Link from our homepage for Forms:http://www.va.gov/vaforms/

Edited April 25, 2008 by carlie
wrong form #

[Josephine]

I used just a letter to re-open my claim.

I guess you call this an informal claim.

The VA never sent me the form you have a link to.

Betty

[jbasser]

If a person applies for Chapter 35 benefits and is not service connected they will send the application back and say you are not entitled to the benefit and most likely would ask you if you were filing a claim.

The Claim is the most important focal point because once granted 100 percent P and T you qualify for chapter 35 benefits for your spouse and children.

As far as the effective date it says the date claim was filed or condition arose whicever is later unless you had previously filed a claim and was denied for missing service department records.

Say the VA received those records then the effective dats should be the original date.

This does not apply to the effective date of the reg change.

J

[Berta]

Josephine- that letter was perfect;ly OK to re-open your claim with.

I have never sent the VA a 21-4138 either-

as ,long as the 21-526 or for widows the 21-534 has been filed- all they have to do is send VA a letter to re-open the claim or file a new claim.

[Josephine]

Josephine- that letter was perfect;ly OK to re-open your claim with.

I have never sent the VA a 21-4138 either-

as ,long as the 21-526 or for widows the 21-534 has been filed- all they have to do is send VA a letter to re-open the claim or file a new claim.

Berta,

The VA accepted my letter and never sent me any such form.

Betty