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Informal Claim

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Zechs

Question

To set my effective date through an informal claim, I know I need to state what condition I'm filing for on a form 21-4138, but do I need to state the symptoms or go into any greater detail?

I'm still gathering evidence, so I don't want to trigger a full claim at the moment, just stake an effective date and my intentions on formally filing within a year.

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  • HadIt.com Elder

Welcome to Hadit. All you really need to do is to notify in writing that you intend to file a claim. You can use symptoms and be general. Best to leave as much leeway as you can.

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“just stake an effective date and my intentions on formally filing within a year. “

Do you mean within a year after your discharge?

If that claim is successful the EED will be the day after your discharge.

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You can save yourself a lot of time by doing the following; obtain a copy of ALL medical documentation to support your claim. Complete a VA FM 21-526ez, VA FM 21-4138, attach all documents and forward to the VARO in your state. By doing this, your claim will be adjudicated within 90 days. by doing this you do not have to worry or not if VA received said documents.

If you want to start a claim, you can submit a VA FM 21-4138 or just write on a piece of paper that you are requesting an evaluation for (disability) and I will forward medical documents at a latter time. This process will vary on the VARO. Thses claims are taking 10-14 months and sometimes longer depending on which state you reside.

I don't recommend this way due to the fact that you will be sending documents to the VA when requested. The VA does have a history of losing documents.

A claim is a claim no such thing as an informal or formal process. You are still requesting an evaluation and VA will treat it as such.

When completing a VA FM 21-4138, I recommend stating only the items that you are requesting an evaluation for. Some vets have come into my office with 3-4 page letters. that's fine, I will send them in. However, I do know for a FACT that the individuals reveiwing your claim will not read statements that are lengthly. this isn't true with everybody, but the rationale for not doing this is that they weigh more on what the medical records state. that's why it is important when you see you Doctor you reveal any and all symptoms in order they may be annotated in your SMR's. I have said this before on this site and I will say it again. I have submitted over 400 fully developed claims in 2012 with the veterans that I have assisted. Each claim was completed within 90 days. The only exception was the claims I did on those military personnel that were retiring. If the retiree was awarded more than 50%, the claim is sent to DFAS for accounting due to the CRDP phase in.

Hope this helps...

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  • HadIt.com Elder

An admission to a VA hospital can be viewed as an informal claim. It was in my own case twice. Originally and for an increase years later.

John

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An admission to a VA hospital can be viewed as an informal claim. It was in my own case twice. Originally and for an increase years later.

John

An admission to a va hospital also puts a stop on your smc payments for housebound or aid and attendance..... so if you can avoid admission to a va hospital because you end up paying one way or another...

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