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Using Form 21-4138


Brandy

Question

I noticed a posting about this form and had a question. Do you need to send in this form along with each piece of additional evidence? If so, why or does it help you? I started my claim late last year just with a letter to the VA asking for an increase of current disabilties as well as additional secondary service connected conditions. I have sent additional information to them, medical, etc. with only a letter from me on top of all evidence. I am on my second VCAA notice and the only time I used this form was to give them local VA information of where my husband had treatment. The 800# people told me if he went to a VA facility that I would not have to fill out this form, but when I got the second VCAA notice it said "if you have had treatment at a VA facility you need to fill out a 21-4138.

Have I been doing my claims wrong?

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Brandy -most veterans do not use this form. It is often used by service officers.

I am surprised that the VA said you should fill one out- did they attach one?

I have never seen the VA refer to this type of form-

I would think they actually meant an authorization form for the VA hospital to forward the records.

Not sure if this is the right one or not:

http://www.va.gov/vaforms/va/pdf/VA3288.pdf

I suggest that your husband send any VAMC who treated him a letter,with his c file number on it, requesting copies of all medical records they have on him. He should send this certified to the Records Access Officer at each VAMC.

I hope others answer here- does the VA mean the 3288?

This way- when you get these records - you could submit copies of them yourselves to the VA in support of the claim.That is where I would think you could fill out the 4138 and put that on top of these records saying they are in support of the claim, per RO request in VCAA letter dated___.

Did the VCAA letter specify anything else at all that you needed to send them?

PS-does your husband have a copy of his c file?

Are you sure that the VA did not obtain these records already due to fact he is already SC?

Edited by Berta (see edit history)
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  • HadIt.com Elder

The 21-4138 is "Statement in Support of Claim". I use it as a opening page for every thing I submit on my claim. I don't think you "HAVE TO" use it, but it gives you an opportunity to summarize the information that is to follow. It helps me to say what I want them to consider & I usually get it down to that one page. However you can write more than one page. All I can say I think it works for me.

Don Evans

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Brandy -most veterans do not use this form. It is often used by service officers.

I am surprised that the VA said you should fill one out- did they attach one?

I have never seen the VA refer to this type of form-

I would think they actually meant an authorization form for the VA hospital to forward the records.

Not sure if this is the right one or not:

http://www.va.gov/vaforms/va/pdf/VA3288.pdf

I suggest that your husband send any VAMC who treated him a letter,with his c file number on it, requesting copies of all medical records they have on him. He should send this certified to the Records Access Officer at each VAMC.

I hope others answer here- does the VA mean the 3288?

This way- when you get these records - you could submit copies of them yourselves to the VA in support of the claim.That is where I would think you could fill out the 4138 and put that on top of these records saying they are in support of the claim, per RO request in VCAA letter dated___.

Did the VCAA letter specify anything else at all that you needed to send them?

PS-does your husband have a copy of his c file?

Are you sure that the VA did not obtain these records already due to fact he is already SC?

Berta,

Yes, they attached a couple of the forms along with the VCAA packet. They also attached a 21-4142. This may be the form you were thinking about. This is authorization and consent to release information to the VA.

The reason I asked the question is I have all of his records dating back many many years and have submitted all of them to the VA on three different occasions. I am getting ready to send a response on their latest VCAA and that's why I was asking. The three time I submitted evidence I only typed up a letter and referenced, see attached, etc. I did not use this form 21-4138. To be honest, I don't really understand the form. You fill it out for another VA facility as to what they treated you for and dates of treatment and put their address and sign???

Did the VCAA letter specify anything else at all that you needed to send them?

To answer this question, they are only asking about a couple of disabilities claimed this time and not all. So I would assume this means they are narrowing them down. They did however say they will schedule exam. I assume the exam won't be sch'd until we respond to the latest VCAA packet.

PS-does your husband have a copy of his c file?

Are you sure that the VA did not obtain these records already due to fact he is already SC?

They may have already obtained these records since the other VA facility and address was plastered all over my last letter to them. But I filled one out just in case. They should have the records because my husband goes to a local clinic and I am dealing with the Regional office of this local outpaient clinic.

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On my last notice from the VA they said I would need to use this form to inform them if my husband received treatment at any other VA facilities. I called the 800# and they told me that I should not have to fill out this form because if I told them the location of the VA clinic that my husband goes to that they could just pull up the information on the system and print it out.

They are confused and confusing????

I have not used this form to submit additional evidence. I did fill it out listing the Va clinic that my husband goes to and what dates they should go back to. Just in case....

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