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.

[meghp0405]

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.tiffI

I read your article on the informal fdc. That being the case VA should abide by their own rules. When we were first briefed on the FDC, we were told to submit ALL evidence pertaining to that claim. The information sheet with the VA FM 21-526ez tells you what is exactly needed for each type of claim/disability. This includes all medical documentation, copies of the birth/marriage certificates (if it's an initial claim) and all applicable VA forms for that particular claim. I had a veteran visit me with his notice from VA after submitting a FDC with another VSO. They had done exactly what the message stated. Write on paper that you want an evaluation, "informal claim" they called it. The VA sent this veteran a letter stating that his previously submitted FDC would not be processed as such because the required information was not submitted with the application. I am thinking, why is VA calling this a Fully Developed Claim if they are only going to require a sentence stating what the veterans intentions are? What is full about that? Doesn't make sense to me. Now, I don't claim to know what's going on with VA and never will. I do know there is no consistancy within their ranks.

Folks on here can do what they want, we know what is working here and the 412 FDC's that I submitted last year were all approved. It is my opinion that they were all initially approved because all documents to support their claim was included. I'm not the only one doing this. There are other VSO's from other organizations that are doing the same with positive results. To someone who has been waiting for years to have their claim adjudicated and adjudicated properly, this means nothing and the resentment shows. Just read the articles from those that don't believe.

I (we) knows what works and will continue with the Fully Developed Claim with all applicable document

[meghp0405]

Teac

How long a stop on HB or A&A? Not permanent????

Depends on how long the veteran is in the hospital. Then the vet has to re-submit to get the stopped benefits starting again.

[carlie]

FDC pilot program began in 2009.

I believe filing a FDC also provides some restrictions

for appeals down the road.

[godelocs]

Hi all. I have been a Hadit member for a while but have never posted. The people here on Hadit helped me tremendously when I filed my own claim. I am now in the process of helping others and need some guidance. If an informal claim is sent in notifying VA that a formal claim will be sent in soon how does that effect the process when the formal claim is sent in. I currently have the individuals that I am assisting, gathering their information by getting copies of their medical records and such to be submitted when we send in the formal claim. It will take some time for them to gather these records so I was considering having them send in the informal letter just to get their date of claim locked in. By doing this will it slow things down when they submit the formal claim along with all the necessary documents? Will the formal claim still be considered to be a FDC claim once it is sent in with the medical records? What if something is not noted as being claimed when the informal claim is sent in. I ask this question because I am also trying to assist my service officer who will review the claims packet before it is sent to VA. If she finds something that I missed will the claimant still be able to note that claim when the final claim packet is submitted.

Thanks for your assistance. I hope that you can make sense out of the questions I have asked.

[NavyWife]

If an informal claim is sent in notifying VA that a formal claim will be sent in soon how does that effect the process when the formal claim is sent in.

The effect is that the effective date of the claim, will be the date the informal claim was received.

I currently have the individuals that I am assisting, gathering their information by getting copies of their medical records and such to be submitted when we send in the formal claim. It will take some time for them to gather these records so I was considering having them send in the informal letter just to get their date of claim locked in.

They should have the VSO send in the informal claim letter OR start a informal claim using EBenefits.

By doing this will it slow things down when they submit the formal claim along with all the necessary documents?

No, it will not slow things down. When they do finally get their decision, they just need to confirm the informal claim date was the effective date used.

Will the formal claim still be considered to be a FDC claim once it is sent in with the medical records?

Yes. as long as it is submitted on the FDC form or using ebenefits

What if something is not noted as being claimed when the informal claim is sent in.

No need to note any issues. Just a short letter saying claimant intends to file a formal claim using the FDC process and would like this date reserved while they gather records.

I ask this question because I am also trying to assist my service officer who will review the claims packet before it is sent to VA. If she finds something that I missed will the claimant still be able to note that claim when the final claim packet is submitted.

Yes

.

Thanks for helping a vet!

[Navy04]

Agree with NavyWife all the way. Good luck and keep us posted.