Informal Claim

[boomer2]

I went to the VA for treatment of an infection that is secondary to a SC condtion. CAN THE DATE OF TREATMENT BE CONSIDERED AS AN INFORMAL CLAIM? I now have the infection again. The condition is otitus externa and I know according to the VA it has to be chronic "of course I don't know what their definition of chronic is".

[john999]

It is possible, but you need to file the formal claim right away. This is the only sure way to protect your effective date. We can speculate about informal claims.

[carlie]

I went to the VA for treatment of an infection that is secondary to a SC condtion.

CAN THE DATE OF TREATMENT BE CONSIDERED AS AN INFORMAL CLAIM? I now have the infection again.

The condition is otitus externa and I know according to the VA it has to be chronic "of course I don't know what their definition of chronic is".

boomer,

Your profile shows you are SC at 10 percent.

What is this 10 percent for ?

What is your SC disability that you feel the Otitis Externa is secondary to

and how so ?

To answer your question, Yes, sometimes the date of treatment

(going back I think a max one year) can be considered as an informal claim.

See 38 CFR 3.157

http://edocket.access.gpo.gov/cfr_2009/julqtr/38cfr3.157.htm

[boomer2]

Carlie,

I'm 10% for tinnitus and 0% for hearing loss and I have hearing aids. I also have an appeal pending on the hearing loss.

[carlie]

Carlie,

I'm 10% for tinnitus and 0% for hearing loss and I have hearing aids. I also have an appeal pending on the hearing loss.

boomer2,

So, I take it from this information,that you are claiming the Otitis Externa is

secondary to (results of) wearing the hearing aids.

Check out this BVA decision that granted this at 10%.

http://www.va.gov/vetapp09/files1/0904283.txt

and

http://edocket.access.gpo.gov/cfr_2009/julqtr/38cfr4.87.htm

6210 Chronic otitis externa: Swelling, dry and scaly or serous discharge, and itching requiring frequent and prolonged treatment...10

[boomer2]

Carlie,

Thanks for the info. Guess I'll file another claim.

[broncovet]

Boomer:

There is a 3 part test that determines if an "informal claim" is really a claim.

1. Is it in writing? If no its not an informal claim.

2. Does it "show intent to apply for one or more benefits". Just getting TREATMENT does not necessarily "show intent" to file for benefits.

3. The Veteran has to "specify the benefit sought".

I would try this: Send in a 21-4138 form to the RO. In it specify the date of your exam in question, then specify, in no uncertain terms, that it was your "intent to file for benefits" at that exam.

While I agree with John that you dont want to leave this to chance, you dont need to file a "formal" claim when you are already service connected. A 21-4138 will do, but you need to meet the 3 criteria, above.