Wording For Initial Filing Of 21-526

[Raybob]

I am still on active duty, retiring next June, and will be filing my initial D&C claim this coming Dec -- 180 days out to qualify for the special Benefits Delivery at Discharge (BDD) program here in the DC area. I have attended briefings from the VA on how to fill out the forms and also from the DAV VSO (will also be attending briefings from AMVETS and Am Legion next month).

The DAV guy said to list the indication or symptom on the 21-526 rather than the diagnosis that is in my SMRs... for example, just list "low back pain" rather than "L4-L5 degeneration" and "herniated disk." His rationale is to make the VA look through my SMRs to find it and document it and not to do their work for them... and that they may find other related symptoms/diagnoses in the SMRs to add to the rating level.

Since I have the diagnoses already in my records, I would rather just put them all down as diagnosed... any recommendations on the best approach?

Thanks for any advice...this is agreat forum that I read almost every day!

Cheers,

Ray

[pacmanx1]

Just a thought, since you are still on active duty go to military records and ask them to make you a copy of your records for your personal files. If they refuse make an appointment with a civilian doctor and then go back to military records and sign your records out and take them to the doctors office to have them make a copy of your military records (SMRs) and have the doctor to give you a general exam (this may cost), then have the doctors office give you a copy of the exam and your medical records. Bottom line is try to get a copy of your medical records. I also agree with rentalguy, Berta and Jbasser. VA normally have your SMRs but they are not very thorough, when you file a claim try to point to certain instances and give the dates and unit you were assigned to at the time. Again even though VA has your records you can make another copy (of certain instances) and attached them to your claim. This should have VA to look for those copies in your file. Also you can review your SMRs to know exactly what you are diagnosed to claim as service connected

Edited July 11, 2009 by pacmanx1

[broncovet]

I agree with Rental and Berta. Even tho there is no doubt the VA will place land mines in between you and your benefit award, you can disarm the land mines with knowledge of where they are.

Do your homework..study your medical records, as well as CFR 38 and the schedule for rating disabilities, and you may well even be able to walk through the VA mine field of boobie traps and arrive at your destination (award of benefits). The really insane part of this is that the VA, who is supposed to be here to serve Veterans, instead lays traps so that they can deny your benefits.

This trap is one of many.

You are on the right track. Many hadit members have already navigated this mine field, and many of us got caught in one of the many boobie traps that the VA lays for its Veterans.

Keep seeking advice here on the board. Knowledge is power, and that knowledge is usually available here.

Edited July 11, 2009 by broncovet

[fanaticbooks]

I agree with Rental and Berta. Even tho there is no doubt the VA will place land mines in between you and your benefit award, you can disarm the land mines with knowledge of where they are.

Do your homework..study your medical records, as well as CFR 38 and the schedule for rating disabilities, and you may well even be able to walk through the VA mine field of boobie traps and arrive at your destination (award of benefits). The really insane part of this is that the VA, who is supposed to be here to serve Veterans, instead lays traps so that they can deny your benefits.

This trap is one of many.

You are on the right track. Many hadit members have already navigated this mine field, and many of us got caught in one of the many boobie traps that the VA lays for its Veterans.

Keep seeking advice here on the board. Knowledge is power, and that knowledge is usually available here.

All of these people make sense. Don't be vague because it will get you nowhere fast.

Take a look at my website. I think it could help you. It is a free guide on researching, organizing and assembling a va claims/appeal. It sounds as if you have the time, so take a look and I think you will be doing fine.

If you run into a problem ask a question and someone should be able to answer on this site.

I wish you well and thank you for protecting me and mine.

fanaticbooks

http://www.howtoassemblevaclaims.com/index.html

[carlie]

I ditto Berta, rental and jbasser.

DO NOT be vague.

Slam them with evidence for direct SC starting with your 21-526.

DO NOT FORGET to list any illness, injury or disease.

You only get 1 chance at filing an original claim --

nothing after the 21-526 is an original claim,

do not believe anyone that tries to tell you different.

jmho,

carlie

[Raybob]

Thanks, all for the great advice (sorry for the delayed appreciation, I was out of town this weekend). I will do what you say and be specific.

What is nice with the new (since about 2006) electronic military records is that the first page of ANY visit reason lists ALL the diagnoses and reasons one has visited the doctor since they stared the electronic system. So, much of it is spelled right out in a list up front. I already have copies of my full SMRs and then get the electronic writeup a couple of days after each doctor visit. Also images of all my radiology (along with the writeups), copies of all lab results, etc. This site has helped me to be as prepared as I can (knowing I cant completely control the outcome of the VA, but can do the best I can).

I plan to have my SMRs reviewed by the VSOs from various organizations. Then take the lists they create and hand to my doctor when I go in to my final retirement physical so they can again verify all of them right on top of the package when I send my claim (and all SMRs) into the VA.

The BDD is great because I am "supposed" to have my rating right when I am retired net June 1. Then, that gives me "plenty" of time to file an appeal on those things that I feel may have been rated low = all while still within my frist year after retirement. I undertsand that that first year is critical because it is easier to link to SC. After 1 year, you have a harder time.

Again, thanks to all of you for what you do to continue serving your fellow vets!

Ray

[Berta]

Filing claims within the first year after discharge is critical as-when the claim succeeds, the retro begins the first day after discharge.

The Vet orgs with VSOs will need your POA and you can only give it to one org at a time.

Make sure you send VA copies and keep copies of everything yourself and get a proof of mailing from the PO when you do that.

Electronic records are a big step up from the old handwritten illegible stuff in SMRs.

And these days the military is supposed to make sure all mil leave with a complete copy of SMRs.

How different this would have been for many many vets -if vets with prior years of service long ago were given their SMRs at discharge.