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

[Raybob]

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

WOW! fanaticbooks! What a great website resource! Thanks for all your efforts at putting that together and making it available!! I am going to send the link to all my buds who are going through the retirement process with me at the Pentagon! GREAT resource, well assembled and staged, with super info. We just heard this past week that the Washington DC Disabled Am Vets office will no longer be helping with assembling and filing claims due to "lack of staff" so looks like many of those who would have used DAV as their VSO will be on their own = this is a great rsource for them!

Cheers,

Ray

[carlie]

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.

Ray

Raybob,

It's important to remember all of this information is entered into the

electronic system by human beings. As this being the case, it's still

up to you to insure all conditions are shown and documented.

jmho,

carlie

[12R3G]

RayBob

"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."

Just so you know, you will not have a rating the day you retire--it will take a couple of months. Having gone through the process (in Virginia):

You will need to check out your medical & dental records and copy the entire file. A VSO will want to see it, the VA will need the copy to begin the BDD paperwork. Under BDD, the AF will give you your medical records shortly before you retire/seperate/start terminal leave. Again, just check them out--making sure they are up to date and deliver/mail to the VA (or VSO if you are using one). At outprocessing, you'll need to had the clerk a signed form letter (they should have a blank) stating that you are filing for VA benefits and will hand-deliver your records to the VA. Getting your original records to the VA ASAP is critical--they will start the BDD process with copies, but require the original to complete the claim.

One good thing, if you are missing something from the electronic medical records system, your primary clinic can print out--I had several records printed over a year after retirement.

You can either fill in the 21-526 or you can use VONAPP. VONAPPs advantage is that you are not space limited--it will create as many blocks for disabilities as you need. I "think" you can now submit VONAPP electronically for BDD; if not, you can print, sign and date. The VA will accept the printed VONAPP as a substitue for the 21-526 (looks different, but works just as well). I found it much easier to work the claim on VONAPP.

READ your SMR and READ the ratings tables--understand what disabilities you have, what the VA calls them and how they are rated. Read the clinician's guide so you understand how the C&P doc will conduct the exam. The exam is a snapshot, but give them a snapshot of your worst day--not your best day. This is not your annual physical where you are trying to pass...so stop putting the postitive spin on whatever ails you (which is what we were trained to do for 20+ years, right? Hard habit to break). Read the M-21. Search the forum.

Be specific...I'm still battling the VA over "heart arrhthymia", which is generic description, but not specifically in the ratings table--they SC'd, but rated at 0%. I should have specified what is actually in my SMR (SVT and PVC). Live and learn.

Carlie is right--twice: double check what is in your SMR--particularly the conditions listed and the medications prescribed. Also, you only get one original claim.

VSOs are helpful, that said, I filed my orginal claim on my own and was awarded 90% right out of the gate. I'm using a VSO now (Virginia Dept of Vets Services), but I still do most of the work myself. I wish I'd found hadit and fantiscbooks' site before I filed my original claim. By the way, each county nationwide has a county service officer--plenty of claims help out there, so DAV dropping the ball isn't a showstopper.

Good luck

chuck

[cowgirl]

Yes to the testimony of all here regards filing for disability compensation. I've been out over decade, signed out medical records for civilian appointment, copied em, returned em, even got lab slip copies, (Xray notes!) & surgery notes that aren't usually 'kept'. Good thing on my original claim, listed most things that needed compensation, bad thing - I put down either vague terms or 'non-medical' terms. For example, 'hurt wrist' rather than 'sprained or fractured' left wrist as the records read. For mental health, 'seen in counseling for sadness' rather than the 'Depression' diagnosis. Need to tell you, my exit physical was white washed (pardon term), rushing me out the door. If I had to redo, I'd put concrete blocks on my feet and not sign until all issues were listed. Sure don't like the way they stated on my form 'veteran DENIES'! On discharge, the only one that 'covers' a vet - is you the Vet.

The way I see it, if treatment is in my Service Medical Records - it was 'in-service.' I had a imedical condition checked prior to discharge. Ever thankful. Dem bones, the kneebone is connected to the thighbone song? its true, ..injuries revisit us many years later - so yes, SMR's, personnel records, awards, family & buddy letters of incidents matter.

From one who learned and is learning the hard way,

Cowgirl'up2009!

[Raybob]

Thanks, again, All!

12R3G = excellent points! I already have a full copy of my SMRs thu 30Jun to date (including dental records, xrays/MRIs/CTs, labs). In a couple of weeks I will meet with an AMVETS rep to review 1-on-1 and pull out pertinent events and diagnoses.

I also have created a spreadhsheet that lists all my past "issues" and diagnoses with dates and military treatment facility as a starting point for what fanaticbooks recommends -- right now it is just a LONG list, not grouped or separate detailed pages linking body parts yet.

In a few weeks will also attend a presentation on VA issues given by reps from the American Legion offices in DC. I think I still have time on my side since on 1 Dec 2009 I will be at my 180 day out from retirement (next 1 Jun 2010). Since I am having some ear surgery next week at Bethedsa, I will wait to see how that turns out - I may have to go back in 6 months for a follow-on surgery, so plan to have my retirement physical mid-Oct and plan to have all my SC-ailments listed out for them. (Lucky me, first surgery since I had my tonsils out at age 6!)

This site has been very helpful in educating me on what to pull together... of course, there is much I still need to do and learn,.. and after my initial claim is turned in, I am pretty well subjected to "the system"...but am OK with that.... dont have high expectations.

Appreciate all the insights... am sharing all of them with my buds at work.

Cheers

Ray

[deltaj]

Ray, the key point here is to do the work for the VA. No one has control over your claim except for you. unfortunatly, Bad advice often flows out of the mouths of veterans Service officers. They dont meman to be that way but on the other hand, You are in control.

Know what is wrong with you. You can get diagnosis from your treatment records, especially ragiography or MRI films as these are accirate diagnostic tools.

FIle for what the medical reports say if you are in agreement with them.

With any point of seeking service conenction, one must get a nexus to a condition and a period of time in service. That is the main link to Service connection.

Listen closely to Shane (Rental) as he is a heavy hitter when it comes to this stuff.

Hang in there.

J

When you review your service medical records (SMRs) look for the notation LOD yes. The abbreviation LOD means line of duty and a determination that your condition was in the line of duty is binding on V.A. under V.A. regulations for determining service connection.