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]

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

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.

John,

This is what is giving me such problems. Those " missing service department records".

The condition arose in service in 1964 and my first filing date was indeed 1978, but at present I will go alone with the 1992 date.

Betty

[jbasser]

Betty, you can always NOD an effective date. The BVA is loaded with published cases just like yours.

Disagreeing with an effective date will not hurt a claim. You will still get your Retro and Monthly comp while the claim is ongoing. The regs clearly explain about missing service department records and they are different than corrected service records.

[john999]

Betty

Once you have a nice retro check in hand it will be easy to get some shrink to review your decisions and evidence and write another opinion for you. Little by little you will be getting closer to your goal. I would get the TDIU first. Then you can fight the for the EED. While you are at it you should be granted TDIU and P&T. What the VA is choking on is the amount of retro they owe you. They probably seized on a piece of evidence to justify giving you less retro. The decision will have all the evidence they used to low ball you, so you can hire your experts to dispute that. Your foot is way, way in the door now.

[mobie16r]

(1)OK Larry,first of all, you don't apply for compensation.You apply for a disability that occur during your military service, of was aggravated by your military service,up to one year after your discharge.If you are granted that disability,you will be paid a service connected disability which will be COMPENSATION, rated under the 38 code of federal regulation for ratings disability.

(2)Question: If you apply for chapter 35 benefits and not for compensation,would that be considerate a informal claim for compensation:Answer:NO;First chapter 35 is SURIVORS AND DEPENDENTS "EDUCATION ASSISTANCE,IN other words chapter 35 is not a disability for the veteran.The veteran have to be rated 100%TP of 100% IU and TP to be eligible for chapter 35 benefits.

(3)A informal claim is when you submit form 21-4138 (STATEMENT IN SUPPORT OF CLAIM)of write on a blank piece of paper and submit to the Regional office that you are filing a claim for disability.

(4)Formal claim is when you file 21-526.

(5)Assistancc Act: The Novenber 2000 Act is that va is reguire to assist you in obtaining evidence from the vamc and private provider's in helping you sustantiate your claim.

mobie

Edited April 26, 2008 by mobie16r