Informal Claim

[Zechs]

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.

[71M10]

We all have very different experiences with the VA. We need to remember that VA comes in about 57+ different flavors.

In my reality here in Michigan, I also would doubt the 400 claims processed in less than 90 days data point. Detroit VARO told me in wrtitting last year to ignore a communication I was sent stating I hadn't turned in the evidence they requested. They indicated it generally would take them about 70 days from receipt of mail to associating it with the claims folder/and original request for the information. It took them 5 months to recognize a privicay act request.

Earlier in this thread there was some discussion about informal vs formal claims. VSO Meg indicated their was no informal process. I would counter that there most definately is an informal claims process, when done properly it ends up being converted to a formal claim. When it is ignored and no claification or form is requested by VA it becomes an unadjudicated claim, that in my case might lead to 20+ years of compensation (only at 10%).

The issue that we should all be concerned about when it comes to the Fully Developed Claim is that they are clearly being worked ahead of regular claims. That means those with more complicated claims and appeals will process more slowly because the VA wants to work the claims where they have less work to do and have relieved themselves of some of the duty to assist. VA raters get easier work, bigger bonuses, and the veteran who appeals immediately moves to the slow lane with the rest of us (ultimately this slow lane gets longer and slower, because these FDC claims that wern't granted will most likely need more development work).

I guess in summary, Hooray for Meg!, It is nice to hear that somewhere the process is working better. But the reality is it really isn't easy. There are vets that have been standing in line seeking a proper and just review of their files longer than this FDC process has existed and it's creation to these people only made thier wait get longer.

[deanbrt]

The thing that got me through the whole process is that the VA has designed a system that insulates them from the veteran. You literally cannot get anyone to talk to.

I contrast that with the Social Security Administration.

.

I understand Bronc's frustration and many of us have been in his situation. Meg, you are very likely doing a fine job. Some of us have had experiences with people that were less than honorable.

[carlie]

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.

Seems like we've gotten a bit off topic from the OP's question/s.

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=dbcdaa614ea077da3814fcce51d33da0&rgn=div8&view=text&node=38:1.0.1.1.4.1.60.64&idno=38

§ 3.155 Informal claims.

(a) Any communication or action, indicating an intent to apply for one or more benefits under the laws administered by the Department of Veterans Affairs, from a claimant, his or her duly authorized representative, a Member of Congress, or some person acting as next friend of a claimant who is not sui juris may be considered an informal claim.

Such informal claim must identify the benefit sought.

Upon receipt of an informal claim, if a formal claim has not been filed, an application form will be forwarded to the claimant for execution.

If received within 1 year from the date it was sent to the claimant,

it will be considered filed as of the date of receipt of the informal claim.

(b) A communication received from a service organization, an attorney, or agent may not be accepted as an informal claim if a power of attorney was not executed at the time the communication was written.

© When a claim has been filed which meets the requirements of § 3.151 or § 3.152, an informal request for increase or reopening will be accepted as a claim.

Cross References: State Department as agent of VA. See § 3.108. Report of examination or hospitalization—as claim for increase or to reopen. See § 3.157.

[26 FR 1570, Feb. 24, 1961, as amended at 52 FR 27340, July 21, 1987]

[carlie]

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.

meg,

There certainly are regs provided for an "informal" claim, I already

posted them with a supporting link to 38 CFR.

VA also provides an avenue for a "FDC - INFORMAL CLAIM"

http://benefits.va.gov/transformation/fastclaims/FDC_Flyer.pdf

FDC Informal Claim.tiff

[Berta]

Yes... but I sure appreciate this point Meg made re: a FDC :

"if you would, place a note on here when you receive your rating decision. On your statement above, regular claims can be submitted on VA FM 21-526ez as a FDC. That's what it is! Once you receive an NOD, that being the initial stage of an appeal, your on VA's schedule."

It is what it is.

I was thinking sometimes that it (FDC) meant more than it did. THANKS!~

[SolInvictus]

That's why I love hadit, we are strong enough to disagree, yet cordial enough to understand that we can all be looking at the same picture from a slightly different perspective. Which makes us all better for it.