ptsd Informal Vs Formal Claim

[ruby]

Can someone tell me what is required to do an informal claim. What has to be in the letter.

I am waiting to file a claim when I have everything I need to support my claim which will take me another month or two to accomplish, however I understand until I make a claim I am losing time.

If I just wrote a letter stating that I am filing an informal claim for PTSD/MST what else do I have to include in this letter.

Thank you

Ruby

[Josephine]

Can someone tell me what is required to do an informal claim. What has to be in the letter.

I am waiting to file a claim when I have everything I need to support my claim which will take me another month or two to accomplish, however I understand until I make a claim I am losing time.

If I just wrote a letter stating that I am filing an informal claim for PTSD/MST what else do I have to include in this letter.

Thank you

Ruby

Ruby,

I never filed a Formal Claim. No one told me to and I didn't know the

difference.

I just put in my letter I was filing a claim, ( Mine was to re-open a

claim, ) for chronic anxiety

and that I had been treated for x number of years by Dr. x and Dr. X.

The VA did accept the letter and sent back for the medical records of

Dr. X and Dr. X.

Be sure to Date and put your Name, Address, SS# and I placed my

service number on mine.

That is all I did.

Betty

Edited June 23, 2008 by Josephine

[allan]

Ruby,

only testimony under oath may be entered into the record from a hearing. "Any" discussion of evidence may be ignored altogether with an informal hearing.

The difference between an informal and formal local hearing, is you are sworn in and the statement you give is recorded. Also, after the hearing you may request a written transcript of the recording from the VA incase you need it later.

I recomend Vets never request an informal hearing and always take a witness with you.

In memo format, I simply requested in writing a formal, local hearing. Date it make sure your name and C-file number is on it, sign it and send it registered, return reciept. Also send a copy to your POA if you have one and you may ask them to be present at the hearing.

POA's do not like formal hearings and may recomend an informal one, but like I pointed out it doesn't matter what you say, the POA or the RO rater if it's an informal one, because it won't go into your record.

Edited June 23, 2008 by allan

[vaf]

Ruby, correct me if I'm wrong, but you're not talking about a hearing, you're talking about establishing a date of claim while you're accumulating your evidence, vs. waiting until you accumulate your evidence and then mailing in the claim (resulting in a later effective date of claim). Informal claims are discussed in 38 CFR, Subsection 3.155. You can do this on a VA Form 21-4138, or write a letter stating the condition and stating that you are in the process of accumulating evidence. If I'm not mistaken, you have 12 months from the date of the letter to gather your evidence and file a formal claim.

[rentalguy1]

Name

C-file Number (usually SSN)

SSN

Date of Birth

Branch of Service

Years of Service (from/to)

Home address with zip+4

Phone Number

"Please accept this as a request to file a informal claim for (whatever you are claiming). I intend to file a formal claim via a VA Form 21-526/Veterans Application for Compensation and/or Pension within the next twelve months. This informal claim should serve as the earliest effective date of claim."

It would be best to do this on a VA Form 21-4138, as previoulsy stated, and mailed in by certified mail, return reciept requested.

[ruby]

Ruby, correct me if I'm wrong, but you're not talking about a hearing, you're talking about establishing a date of claim while you're accumulating your evidence, vs. waiting until you accumulate your evidence and then mailing in the claim (resulting in a later effective date of claim). Informal claims are discussed in 38 CFR, Subsection 3.155. You can do this on a VA Form 21-4138, or write a letter stating the condition and stating that you are in the process of accumulating evidence. If I'm not mistaken, you have 12 months from the date of the letter to gather your evidence and file a formal claim.

Yes, your correct. If I wait it will be a couple of months before I have all my letters, I don't want to file until then but I don't want to wait until then.

Both you and Rental have explained to me what I need to do to get the eed while I wait until I have all the evidence I need in my possession.

I have a pending claim right now and I want to wait until I at least get the comp exam scheduled before I file a new formal claim.

I gather an informal claim will not interfere with my current claim. I don't want a VCAA notice giving me 60 days just incase I need more time.

Thanks for the help

Ruby

[carlie]

ruby,

A 21-526 is for an initial (1st time) claim. You already have some SC from VA

so the 21-526 IS NOT the form you want to file an additional claim on.

The best form for you to file the additional claim on would be as vaf posted to you.

Use 21-4138, Statement In Support of Claim.

Just take the name off of it.

21-4138

STATEMENT IN SUPPORT OF CLAIM

Edited June 24, 2008 by carlie