Stupid Question Regarding Form 21-525

[81150 CAFB]

Sorry for the length of this post. Stupid questin that I should know after spending countless hours on Hadit...I might have even asked it before but can't find it. I finally have most (99%) of my civilian medical records and have all of my service medical records along with 4 nexus letters. I am filing out form 21-526 using the PDF version on my computer where you can enter and save the data. I am filing out the section of the form ( section III) where it asks you to explain how you think your disabilities listed in question above are related to your service. The space is very small and I used the section X part of the form to continue my response regarding all of my issues. I soon ran out of space in this section also. I started to continue my response (all new pages listed as continuation of previous section etc...) on form 4138-support of claim since it is also easy to use as a PDF and has all of the correct wording as everthing is true to best of my ability or something like that.

My first question is can I use this form for my initial claim? I know 526 has the help section and tells you to attach additional comments on a sheet of paper, but 4138 seems nicely set up. I see during a search that it us mainly used in communications with the VA after the initial claim is filed. I am currently doing everything on my own but will turn in my completed forms to the Texas Vetrans Commission (TVC). I will also call them for advice on how to file my claim (if they call back) but I trust the folks here a lot better.

My second question is regarding what to put in this section. Should I keep it short and just mention that I had discectomy in 1989 in Air Force and now have had two surguries at this same site in 2009 (with dates) and reference them to my smr's, private medical records and nexus letters? Then follow with the next issue in the same fashion. I am then planning to use 4138 to give a descrption of each issue (one 4138 per issue) and how it is related to my service or how it is related secondary to my primary condition. I will use this part for pretty much writing/listing everything possible I can about the disability. Or should I just write really long statements about each issue as part of my response to section III? I would then place the 4138 in front of the records I have for that issue or do you think it would be better to put after the completed 526 and the have the records follow? I am also planning on using the 4138 for statments from my wife on how the disabilities have effected me and maybe one from my boss who has seen me in severe pain at work and how much time I've missed.

All responses are welcome... I am seeking your advice on what to put in the section and If using 4138 is a good idea but be nice: ). I want to make this as easy as I can on the VA and I know some on here have worked with them on claims for a long time. I want to have them look at the most relevant part and easily see that it is a no brainer and be happy to get my claim as it would be quick and easy for them to meet their quota : ).

Jbasser- I remember asking you about the 4138 when the VA sent my 526 and also form 4138 with no mention of the forms use. You told me the 4138 is like picking up all of the spares... is this what you were referring to? Using the form to list out my issues?

Fanatic- I have seen your site and will do some of the formating the same.

Also - a lot of people say to put you name, social security number and page numbers on each page. Thus sounds great but dies anyone know how to do this quickly and easily? I have a lot of records and manually doing this seems very painful to me? Any one have any tricks?

Thanks to all!!! I need this advice to finish my filing...honestly I have been procrastinating and feeling exhausted by all of the pain, oxycodone, depression and sometimes feeling what is the point (getting denied, lowballed, all of the misdeeds of the VA etc...) . I just need to do it!! At least I filed informally in September 2009.

81150

Edited June 8, 2010 by 81150 CAFB

[Commander Bob]

...My first question is can I use this form for my initial claim? I know 526 has the help section and tells you to attach additional comments on a sheet of paper, but 4138 seems nicely set up. I see during a search that it us mainly used in communications with the VA after the initial claim is filed. I am currently doing everything on my own but will turn in my completed forms to the Texas Vetrans Commission (TVC). I will also call them for advice on how to file my claim (if they call back) but I trust the folks here a lot better.

...I am also planning on using the 4138 for statments from my wife on how the disabilities have effected me and maybe one from my boss who has seen me in severe pain at work and how much time I've missed.

...Jbasser- I remember asking you about the 4138 when the VA sent my 526 and also form 4138 with no mention of the forms use. You told me the 4138 is like picking up all of the spares... is this what you were referring to? Using the form to list out my issues?

Also - a lot of people say to put you name, social security number and page numbers on each page. Thus sounds great but dies anyone know how to do this quickly and easily? I have a lot of records and manually doing this seems very painful to me? Any one have any tricks?

81150

Yes...It sounds like you are doing fine. I too, believe in the form 21-4138, and would use it as you have been doing. Good job, so far, 81150 CAFB.

How many pages are you submitting that requires your name and claim # on the top? Do they still make rubber stamps at office supplies stores?

Edited June 8, 2010 by Commander Bob

[carlie]

81150,

Is this the very first time you have ever filed any claim for service connection of your conditions ?

When were you discharged ?

I don't know if I am understanding you or not, are you saying you are filing a 21-526 and using

a 21-4138 to put additional information on, that doesn't fit on the 21-526.

carlie

[john999]

If this is your very first claim you can do it online. If it were me I would file my claim directly with the VA and then give copy to the VSO. I would also give my evidence directly to VA and get date stamped copies. After original claim everything else is a request for increase.

[Commander Bob]

81150 CAFB, you posted "At least I filed informally in September 2009."

When carlie asked ..."are you saying you are filing a 21-526 and using

a 21-4138 to put additional information on, that doesn't fit on the 21-526."???

It got me to think about the use of a 21-4138...

I found this link

http://www.vabenefits.vba.va.gov/vonapp/who_uses.asp

You have to read down a bit to find the many uses for a 21-4138

"Statement in Support of Claim, VA Form 21-4138, can be used to provide information requested by the VA in support of a claim as well as the following types of claims:

*

increased evaluation of a service connected disability(ies),

*

new disability(ies) after an original claim for service connected disability(ies) has been decided,

*

anciallary benefits such as special housing adaptation, automobile allowance, etc.,

*

entitlement to statutory benefits such as special monthly compensation, and

*

entitlement to special monthly pension (aid and attendance or housbound benefits).

You can also use VA Form 21-4138 to submit the following:

*

new and material evidence in support of a finally decided claim,

*

notice of disagreement with a VA decision, and

*

other claims for benefits."

.

Edited June 8, 2010 by Commander Bob

[carlie]

I am filing out form 21-526 using the PDF version on my computer where you can enter and save the data. I am filing out the section of the form ( section III) where it asks you to explain how you think your disabilities listed in question above are related to your service.

I just need to do it!! At least I filed informally in September 2009.

81150

81150,

Are you aware that the 21-526 form is for filing an original claim - this form is only used and filed one time.

How did you file informally in September 2009 and after you did this did VA send you a 21-526 to submit ?

carlie

[81150 CAFB]

81150,

Are you aware that the 21-526 form is for filing an original claim - this form is only used and filed one time.

How did you file informally in September 2009 and after you did this did VA send you a 21-526 to submit ?

carlie

Thanks for all of the responses. This is the very first time I am filing for compensation benefits. Carlie you are correct in saying that my question was about using the 4138 to help complete my 526 when I ran out of space. I filed informally (read on hadit about filing this way to get early start date if you are gathering your own records etc...) by calling the VA and giving my intention to file for compensation. A few weeks or so later they sent me a letter saying that my form 119 was received at the VARO. The letter then states that they cannot act on my claim based on the 119 that was submitted. It then says that records indicate that you have not filed for compensation before. Then it says to please fill out the attached VA form 21-526. It then says I have one year from the date shown in the letter to be eligble to receive "back benefits" (no pun intended : ) if you are entitled.

The letter had 21-526 and 4138 attached to it. I filed informally to get my early start date while I gathered info/records and unkown to

me at the time that I would end up going thru another surgery and having it fail also so I had a lot of work to do getting records and letters and continuing to go thru different procedures. My plan is to submit everthing at once so the VA doesn't have to hopefully request anything and the have all the data/info the need to process my claim.

Sorry for the confusion. I was just having a hard time deciding what to write down etc...that I listed in my first post and if I could use the 4138 as an attachment. Hope this makes sense.

Thanks!

Carlie - I was discharged in 1991 with a few months added for "stop loss". I know I should have and wish I did file when I first got out... stupid kid with no guidence-oh well.

81150

Edited June 9, 2010 by 81150 CAFB