Question On Different Type Of Claims

[hogchick]

Claim types

[hogchick]

I just don't understand stand the many different claim types. My claim type says Administrative review. Can someone help me understand the different claim types?

[Berta]

An initial claim is filed on a 21-526 or FDC form ( Others here have more knowledge on FDC then I do and will chime in).


If the claim is continuously prosecuted to an award, the EED (Earliest Effective date) of the retro will be the date of the 526 claim.

If the claim is filed within one year of service discharge,and is awarded, the EED will be the day after discharge.

If the claim is denied and not appealed,or appealed and denied, and the veteran files the claim again, he/she will need New and Material
evidence to reopen the claim.


If successful the re- opened claim EED will be the date of Re open.

A CUE claim is a claim filed on a denied and unappealed decision that involved clear and unmistakable errors in the older decision.


These are Legal errors only and must be identified with legal citations that VA erred in using in the older decision. The medical evidence
must have already been established.

We have a full forum on CUE claims here.

A deferred claim is an issue VA still has pending,usually after they have made a decision on a separate claim.

There are survivors DIC claim, accrued benefit claims, Agent Orange claims, secondary claims, pension claim, temp comp claims.....
.presumptive claims , lots and lots of types of VA claims.

I think the main home page of hadit has all types of claims explained there.

[Navy04]

Admin Review, is what most of us have, whenever we get Medically Retired like me, or you have had a rated condition for years, and the VA is just Auditing the Claim, for accuracy. A traditional claim is where it will take up to 2 years on a claim, due to the VA have to do a lot of leg work for your evidence. An FDC is suppose to be done in 6 months to a Year depending on what state you are in, and an FDC is where you submit the Claim for conditions, and you tell the VA that you have all the Evidence to support the Claim, and the VA does not have to do the leg work. I submitted an FDC in Sep 13, C&P Exams in Feb 14, and should be 100% SC soon. Only you have to decide what claim to submit, then if you get denied and do an Appeal, they can take years depending on how far up the Totem Pole it goes. Good luck and keep us posted.

[GatorNavy]

The Administrative Review is a step in the process of the rating decision and is not a type of claim. It can be initiated by the Vet or the RO. Where I have seen it used is when a Request for Reconsideration (re-open of the claim within one year of the original decision date) is submitted. Then a senior member of the staff reviews the decision if a modification has been made or the rating decision does not need to be changed.

----------------------------------------------------------------------------------------------------------------

3.05

Administrative Review

a.Definition

An administrative review is initiated after a formal decision is made. The

review provides the resolution to uphold or overturn the formal decision. It

focuses on questions regarding policy and procedures, application of the laws,

regulatory guidelines or directives.

b.Timeline for an Administrative Review

An administrative review must be submitted within one year from the date of

the written notification of decision to the Veteran.

The Veteran must be informed of the decision for an

administrative reviewconducted by the Director of VR&E Service or a VREO within 90 days of

receipt of request. (38 CFR 21.98)

c.Veteran Notification of the Administrative Review Outcome

The RO notifies the Veteran in writing with the outcome of the administrative

review conducted by VR&E Service or the RO.

Edited March 8, 2014 by GatorNavy

[hogchick]

Admin Review, is what most of us have, whenever we get Medically Retired like me, or you have had a rated condition for years, and the VA is just Auditing the Claim, for accuracy. A traditional claim is where it will take up to 2 years on a claim, due to the VA have to do a lot of leg work for your evidence. An FDC is suppose to be done in 6 months to a Year depending on what state you are in, and an FDC is where you submit the Claim for conditions, and you tell the VA that you have all the Evidence to support the Claim, and the VA does not have to do the leg work. I submitted an FDC in Sep 13, C&P Exams in Feb 14, and should be 100% SC soon. Only you have to decide what claim to submit, then if you get denied and do an Appeal, they can take years depending on how far up the Totem Pole it goes. Good luck and keep us posted.

[hogchick]

Thank you everyone for the info. I was orginally denied on my PTSD because they said it wasn't SC

but I also rescheduled a C&P which resulted in the denial. I have since had a C & P for PTSD which stated it was SC due to MST. Thank you again everyone for your input!!