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Form 21-4138
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Berta
http://www.vba.va.gov/pubs/forms/vba-21-4138.pdf
When I was with the DAV, they always sent my evidence to VARO with this form in support of the claim.
(I sent the evidence too on my own- just in case)I never saw this form until I got a copy of my c file.The DAV 4138s were in it.
Since those days not all claimants used this form- as it is usually prepared by their Vet rep or NSO-
BUT- in the 3 years I thought my vet rep was supporting my claim (NYSDVA) he had never sent the VA any 21-4138 at all-but my new (NYSDVA) vet rep does.
There is no regulation or direction (haven't seen this in the VBM either but maybe they advise this too)
that a claimant has to attach a 4138 to any new submissions of evidence.
But now men and women- I think this is how I got Screwed-my former vet rep- for some reason -prepared 4138s for many claimants (maybe all )but not for me (and like a dope I was helping him with some claims he had- and I never checked to see if he was actually supporting my evidence-his contact at the RO didnt even know they were on my POA when I got my DRO review)
As I look back- it seems he took deliberate steps not to help me---there was hardly anything in my file at his office- none of my claims were there either-and I sure complained to his boss.
I am thinking now that maybe this 4138 is what triggers the VA-in many cases- to actually read the evidence that is attached to it as it stands out more than a letter from a veteran with attachments and most often it comes from the POA.
For years I thought that only POAs used this form-but I don't see anywehere that says a claimant cant use it too.
At least my new vet rep has sent in 3 or 4 in the past few months in my behalf.
For 3 years I guess it looked to the RO that my POA had no belief in my claim as that other guy never sent even one in.
ROs are skimming over our stuff so fast that maybe this form is what it takes for them to pull out the evidence and read it-
from now on-if I need another IMO- I already contacted a doc for that and will send the 4138 with it- even though my vet rep will too.
Do many of you use this 4138 as a cover sheet when you send them more evidence?
Or does your SO or vet rep?
Edited by BertaLink to comment
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