Fat Posted August 18, 2015 Share Posted August 18, 2015 What is the correct form to "reopen" a claim with new & material evidence? All responses welcomed.......... Link to comment Share on other sites More sharing options...
0 cd928 Posted April 17, 2017 Share Posted April 17, 2017 May I asked how it went with your use of the 21-526b? I'm considering using this form for asking for a higher rating on a existing service connected disability. However, I've seen a lot of conflicting information, with some saying I should just use the EZ form anyway. Thanks, -C Link to comment Share on other sites More sharing options...
0 jfrei Posted April 19, 2017 Share Posted April 19, 2017 On 8/19/2015 at 2:24 PM, Fat said: Thanks bluevet, but that doesn't answer the question. I need to know the correct form. My VSO says Form 526B is invalid and use Form 526EZ. I thought 21- 526EZ was for "quickie" claims. Is there a number where someone knows the right answer? (202) 530-9470 Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted April 21, 2017 Moderator Share Posted April 21, 2017 Be cautious when reopening. There are 3 sets of circumstances in reopening and they yield vastly different results as follows: 1: New service records 38cfr 3.156 C. This works great if your records resubmitted are smr's. It yields you an early effective date. 2: Pending claim. 38 cfr 3.156 B. This also yields an early effective date when you submit new evidence on a pending claim or appeal. 3. When your new evidence is neither of the above, your effective date will be the date you submitted new evidence. You might just as well submit a new claim, there is no advantage of submitting "new evidence". Link to comment Share on other sites More sharing options...
0 MikeHunt Posted April 23, 2017 Share Posted April 23, 2017 On 8/21/2015 at 2:23 AM, Fat said: I'm service connected for Rhinitis at 0%. I just want to reopen the claim for a evaluation for a higher rating (10%). That's a claim for increase. Link to comment Share on other sites More sharing options...
0 MikeHunt Posted April 23, 2017 Share Posted April 23, 2017 There's zero difference at the RO for FDC. You process based on when tracked items are due, and number of days in queue- The VSR will get their hand slapped if they don't send the 'excluded' letter, and add/subtract appropriate FDC/Excluded flashes to contentions- In true VA style even, especially, if it doesn't make any difference, LoL, the master bureaucracy at work. Homeless and over 85yo are priorities, and, of course congs The VSR will have to send out 'WTEMS' (What The Evidence Must Show) if you use a 526b, as it doesn't have those first one million pages of tiny print like the 526EZ. Link to comment Share on other sites More sharing options...
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Fat
What is the correct form to "reopen" a claim with new & material evidence?
All responses welcomed..........
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Fat
I appreciate the responses. I'm going to use the Form 21-526b. I think the VSO is totally wrong. You can use the 526EZ; however the 21-526b is simple and straight to the point. I'm service connected f
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