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Which Form To Use?

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Bravo6

Question

I'm already SC'd for other conditions but my right ankle was fractured while I was in and was never rated by the VA. I guess they overlooked it when I rec'd my initial rating back in 2001.

What form do I use to make a claim on my right ankle. I've when through my SMR and copied all related documents (33 pages) about my fractured right ankle.

I would like to do this claim myself as the local VSO is worthless!

I will be hand carrying this claim to my local VARO and getting it stamped!

Thanks again!

B6

United States Army 1990-2001

80% SC, 100% TDIU (P&T) w/SSDI

Operation Desert Shield/Storm - 1st Infantry Division

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  • Moderator

A 21-4138 will do it, either the old one or the new one (I think its called 21-4138b). There is even a PDF that you can type on if you google 'fillable 21-4138', or you can go through VONAPP and type it up there, but you probably won't be able to attach 33 documents. I did my 21-4138 via VONAPP to get it in the system, then amended and fleshed out my claim with the PDF fillable 21-4138. Printed it all out, organized my papers in chrono order with the newest at the top (along with anything I requested from VA Records office for recent treatment) just so its on top in there. Highlighted the whole mess for the finer points. My top form was my "statement of claim" where I called attention to the various highlights on the documents by citing them like a term paper.

It allowed me to organize my thoughts and I write like crap (illegibly) so being able to type helped. I dropped the whole mess off at the RO on the way to work the other day. I checked Ebenefits 2 days later and they list all my supporting docs that I included as being part of my claim, now.

Good luck.

CAS

'

The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.

B.S. Doane College, Mgt Info Systems/Systems Analysis 2008

M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021

M.S. Purdue University Information Technology/InfoSec, Dec 2022

100% P/T

MDD

Spine

Radiculopathy

Sleep Apnea

Some other stuff

-------------------------------------------
B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021

 

(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

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  • HadIt.com Elder

Okay, do you want to fill out a NEW claim form (no, I really mean it IS a new claim form) VA form 21-526EZ...........this is supposed to be for claims that you have all the documentation necessary to file and win your claim.......SMR's........DD214...........service records........

http://www.vba.va.gov/pubs/forms/VBA-21-526EZ-ARE.pdf VA's NEW "Fully Developed Claim" Form.

Go for it, no guarantees from ME, but they say it is light-years faster (well, "light-years" in VA terms only).

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

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Looking through my SMR, I found the permanent profile (P3) for my right ankle from Aug 1993. The medical condition stated on the top of the form is "Traumatic Arthritis Right Ankle". I hope this will help the VARO in granting SC for my ankle. I guess it won't hurt!

Thanks LarryJ and CAS for the advice, as I truly appreciate it!

Now....to fill out the form......wish me luck!

B6

United States Army 1990-2001

80% SC, 100% TDIU (P&T) w/SSDI

Operation Desert Shield/Storm - 1st Infantry Division

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I forgot about that -526 EZ. Thats pretty slick and pretty much removes the 21-4238 from circulation over all, since it looks to cover both new claims AND increases?

The Earth is degenerating these days. Bribery and corruption abound.Children no longer mind their parents, every man wants to write a book,and it is evident that the end of the world is fast approaching. --17 different possible sources, all lacking verifiable attribution.

B.S. Doane College, Mgt Info Systems/Systems Analysis 2008

M.S.Ed. Purdue University, Instructional Development and Technology, Feb. 2021

M.S. Purdue University Information Technology/InfoSec, Dec 2022

100% P/T

MDD

Spine

Radiculopathy

Sleep Apnea

Some other stuff

-------------------------------------------
B.S. Info Systems Mgt/Systems Analysis-Doane College 2008
M.S. Instructional Technology and Design- Purdue University 2021

 

(I AM NOT A RATER- I work the claims BEFORE they are rated, annotating medical evidence in your records, VA and Legal documents,  and DA/DD forms- basically a paralegal/vso/etc except that I also evaluate your records based on Caluza and try to justify and schedule the exams that you go to based on whether or not your records have enough in them to warrant those)

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  • Moderator
I'm already SC'd for other conditions but my right ankle was fractured while I was in and was never rated by the VA. I guess they overlooked it when I rec'd my initial rating back in 2001.

What form do I use to make a claim on my right ankle. I've when through my SMR and copied all related documents (33 pages) about my fractured right ankle.

I would like to do this claim myself as the local VSO is worthless!

I will be hand carrying this claim to my local VARO and getting it stamped!

Thanks again!

B6

Are you saying that you filed a claim and the VA never processed/rated it and now you are trying to file another claim for the same condition? The correct form is the VA form 21-4138: http://www.vba.va.go...21-4138-ARE.pdf.

I am not familiar with the form LarryJ is referring to but if you send in any form make sure you send in current treatment records and diagnosis.

Hope the Best

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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  • HadIt.com Elder

I forgot about that -526 EZ. Thats pretty slick and pretty much removes the 21-4238 from circulation over all, since it looks to cover both new claims AND increases?

YUP!

I like the "concept" in that, they will give it a quick look to see if what you have is what they need (no need for them to do any work gathering up your loose ends, no development work in other words) and they can just send it on to the raters, if I understand it correctly. Of course, IF you do not send them all that they need, then they will have to revert your claim back to the "INCOMING" pile by the front door and treat it as a regular new claim. There are very explicit instructions that come with this new form and if you will fill it out completely, then you and they don't have to do nearly as much "leg-work". I do think that if you have never filed a claim, or if your dependents have changed since your last claim, that you do have to file a new "dependents claim form" (I have no idea what that particular claim form is numbered, but, it tells you in the instructions). They also do not have to go through the "do you have any more information.......etc" form-filling-out-mailing-yada-yada, for, when you send in the 21-526EZ you also fill out an affirmation form that you have done all that you can do........sort of...

"It is cold and we have no blankets.

The little children are freezing to death.

My people, some of them, have run away to the hills, and have no blankets, no food; no one knows where they are-perhaps freezing to death.

I want to have time to look for my children and see how many of them I can find.

Maybe I shall find them among the dead.

Hear me, my chiefs! I am tired; my heart is sick and sad.

From where the sun now stands, I will fight no more forever."

Chief Joseph

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