Va 21-4138 Statement In Support Of Claim

[Scout Swimmer]

I have a claim that was opened on 04-16-2013, which was denied on 01-09-14, in which I sent into reconsideration on the request of my POA. I am stuck again on gathering of evidence. A request of evidence form was sent to my care team and suppssibly am waiting on them to submit. (They are past due). I just looked at my unsolicited and a VA 21-4138 Statement In Support of Claim was submitted today (not mine). My question is do VA doctors submit that type of form on behalf of their patients ? Any advice would be appreciated. Thanks

[Berta]

I think the 21-4138 might have come from your VSO .

I have never heard of a VA doc preparing a 21-4138 in support of a veteran's claim. It would be good to get a copy of it.

By "care team" do you a private Med care provider?

In a past post you stated:

"Posted 30 October 2013 - 11:17 AM

10% Scar on forehead

10% Tinnitus

10% Lower Back

20% Upper Back

40% Mixed Headaces

50% TBI



or maybe its 50% Mixed headaches and 40% TBI. I always mix them up."




A TBI is almost always a stressor event. But you claimed depression and not PTSD.... ( if I was your rep would have suggested to claim PTSD due to TBI event)

but then you posted

"I do have a claim in now for depression. I wonder if they will list it as a secondary condition or not."

It is certainly possible the depression could be a secondary condition but what did you tell VA it was secondary to?

Secondarys always need a medical statement with a rationale for the nexus.

Do you have a copy of the C & P exam they gave you for depression? Did they,in fact, give you a C & P for that?

At 80% did the VA make any statement as to potential consideration of TDIU and enclose a TDIU form?

Or were you employed then ( if so are you still employed?)

Edited April 15, 2014 by Berta

[63SIERRA]

if your looking on ebennies they are notorious for not being accurate. They have a past due notice for a TDUI form on one page of my claim, and under unsolicited items, it shows the date I filed the TDUI paperwork. So dont get too riled up abt what ebenefits is showing. it is a reactive computer program, and certain things pop up, when other things are input.

in other words the system is asking for something it has already recieved, its just that the information was never updated, OR athe system has a flaw, and is still throwing up the .." we never recieved it " statement.

Edited April 15, 2014 by 63SIERRA

[71M10]

I agree with Berta, I cannot imagine that your VA physician would submit a statement in support of claim. I would assume that the information from your care team has not been received. You might follow up with an IRIS to determine if they are still waiting on information. If you have Myhealthy Vet you might be able to see a copy of anything your care team sent (if they are a VA provider).

Best regards,

[Scout Swimmer]

I was denied for direct connect. They never considered for secondary. I then submitted a recon and it went to Admin Review, then reopened as "psychological disorder depression and anxiety, secondary". I've only been seen/diagnosed for this condition by the VA. Progress notes and affidavits by friends and family is all I ever submitted. I never had a C&P exam.

[Scout Swimmer]

I called Peggy today to inquire about that "statement in support" that showed up. She explained it was just the VA scanning stuff for my claim. No answers given. Damn. Had my hopes up for a second.

[Pete53]

Try an IRIS request