Which Form To Use?

[Bravo6]

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

[brokensoldier244th]

They've deployed some new forms more recently than my original filing, im seeing.

I told him to go with the 21-4138 (which they are still readily accepting) but then noted that LarryJ posted the link to a new form. Seems to be part of their program to help with the backlog. There is a 21-526b (a short form version of the initial claim form for the first time filer) and then that 21-526EZ which looks to be a form that says "here is what Im claiming, and here is all the relevant documentation already provided, other than your own (VA) stuff".

I do my claims that way anyway (the 526EZ), I just include it all with the 21-4138, but there are probably vets that wrongfully assume that all due diligence is always done with getting information in support of claim. I provide it all to them on my own so they don't have to, and indicate that I don't want them to wait for more info other than any C&P's or exams that they already scheduled me for, then I list the dates of those on there too, and waive the 30 or 60 days in writing.

Kind of the same thing this form does, but the new forms tell you what you need to put in there a lot better than the old ones did.

CAS

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

Edited August 13, 2010 by brokensoldier244th

[Bravo6]

Pete992, I was NEVER rated for this condition by the VA. All of the information about my right ankle is listed in my SMR upon my initial rating in 2001. I don't know how they overlooked it!

With that being said, which form should I use? <getting confused>

B6

[pacmanx1]

Pete992, I was NEVER rated for this condition by the VA. All of the information about my right ankle is listed in my SMR upon my initial rating in 2001. I don't know how they overlooked it!

With that being said, which form should I use? <getting confused>

Don't get confused, it appears that the new VA form 21-526EZ is "supposed" to allow your claim to move faster "if" you have all the documents the rater would need to award your claim. If you have all that information, then fill the form out and wait and see. If you are not sure you can just fill out the regular VA form 21-4138 and wait for VA to contact you. I still have to ask my question again. Did you ever file a claim for your right ankle? Just because a condition is in your records does not mean that VA has to rate it and compensate you for it. You had to ask them because if you don't they will not award you anything.

Edited August 13, 2010 by pacmanx1

[brokensoldier244th]

But you have been rated before-so a lot of what was on the original -526 you wouldn't fill out again. The 526EZ says you are filing a new claim or an increase claim AND you have provided them with EVERYTHING they would normally expect to get, other than their own records, which they should get anyway. Id use that one, 1. because it's new, and looks really well thought out, and 2. if you don't (and no one else does) they will go back to doing it the other way because they couldn't show any gain with the new forms.

The old way was: Fill out 21-526 All 15-20 whatever pages of it......wait.....fill out 21-4138 if you had anything else to submit......waaaaaiiiiiittttttttt.........etc. and if you were doing an increase, just do a 21-4138 (since you are asking for an increase to something they already have you rated for).

I did it the old way since I didnt know about the new forms. Im already rated, so I did a 2 page 21-4138 with my claim, statement of how im affected, statement noting which documents are highlighted where with dates/names etc of treatment providers, and then an enclosure list of everything in there so they don't lose anything.

*shrug* same as the new form, I just didnt have a form to tell me how to do it that way , and a lot of people might not think of being that detailed. I have all my SMR's though-first thing I did while outprocessing, and I have a copy of my Cfile prior to this current claim so I know what they are looking at. Many don't .

CAS

Pete992, I was NEVER rated for this condition by the VA. All of the information about my right ankle is listed in my SMR upon my initial rating in 2001. I don't know how they overlooked it!

With that being said, which form should I use? <getting confused>

B6

[brokensoldier244th]

*DING DING DING DING DING* FTW! Pete992

Yup-if you don't ask, or think to ask, they won't either. Good luck!

Don't get confused, it appears that the new VA form 21-526EZ is "supposed" to allow your claim to move faster "if" you have all the documents the rater would need to award your claim. If you have all that information, then fill the form out and wait and see. If you are not sure you can just fill out the regular VA form 21-4138 and wait for VA to contact you. I still have to ask my question again. Did you ever file a claim for your right ankle? Just because a condition is in your records does not mean that VA has to rate it and compensate you for it. You had to ask them because if you don't they will not award you anything.

[Bravo6]

Did you ever file a claim for your right ankle? .

No......I have never filed for a claim for my right ankle. I've attached my current Rated Conditions as of March 2010.

Hope this help!

B6