Which VA form to use????

[broncovet]

If you are not sure which form, you are in good company.  Apparently a lot of VSO's are using a 21-4138.   While "they" seem to get away with that one, dont try that at home!!!  Thanks to Alex Graham for clarifying this one:  

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WHICH FORM TO USE

With the inception of the AMA, VA has dumbed down the filing system so even Mojo, Homer Simpson’s pet monkey, can do this. Or so we thought. I’m a member of NOVA. They have a private page for us to communicate rant about our problems on all matters VA. One plaint I see over and over again is the one I mention above. It seems incongruous that we advocates are now always out of lockstep on what VA wants. As I mentioned, there are really only two choices now. The venerable VAF 21-526b has been relegated to the dustbin of VA history. Using the VAF 21-4138 was outlawed March 25th, 2015 (see §3.155). Amazingly, I  see VSOs were still using this well after 3/15/15 in VBMS with little or no flak from VA Poohbahs. God forbid we VA ambulance chasers tried to do this. It would have been instantly rejected. We’re supposed to know better.

The 526EZ-Yes or No?

As of February 19th, 2019, the only form permitted to be used to file an original claim-i.e. a claim you have never ever filed before- is the VAF 21-526EZ. I wish to thank that Secretary who reduced the 526 from it’s original 26 pages down the present 5. It’s still a bit unwieldy when you are filing it (again) for the Veteran’s fifth new, original claim. Let’s be serious. How many times do you need to capture the data of when you entered, when you separated, which branch you served in and whether it was active or reserve? Trust me when I say if you forgo even one of these metrics in spite of numerous prior submissions of same, it will come back like a boomerang in a week. And, dear Lord, please be sure you annotate each time that you have not been a prisoner of war. Apparently, they need to constantly update the c-file just in case you disremembered that hard time you spent at the Hanoi Hilton back in ’70-’73.

The 20-0995-Yes or No?

Conversely, if you have ever filed for a “condition” in the past and been denied, you must absolutely use the VAF 20-0995 Supplemental Claim form to “reopen” it. Likewise, if you have ever asked for an increased rating for a service connected (SC) condition, you may only use the 995. This gets interesting when I file for a brand new secondary to the original SC condition. The VA compensation gears come to a screeching halt and they reject the 526 as the incorrect form. Where this all gets terribly distracting is when you refile with the 995 and they again reject it by saying you already filed a 526 for this and can’t file twice. I call that the Joseph Heller response (Catch 22).

I think I’ve found the repair order for this and don’t mind sharing it. Due to the impaired IQ of the VA intake chowderheads, we apparently need to instruct them on why we are using the form we are submitting. I do this by including a little blurb in Box 13A under “Specific Issue(s) on the 995 or Section IV, Box 16 on the 526EZ stating:

“Veteran now files his supplemental claim for _____________ condition on the prescribed VAF 20-0995. Veteran filed for this on _/__/____ and was denied.”  Or…

“Veteran now files his supplemental claim for for an increase for his _____________ condition on the prescribed VAF 20-0995. Veteran previously filed for this on _/_/____ and was denied (or granted).” Or…

“Veteran now files his VAF 21-0526EZ for ________. This is a brand new condition which has never been filed for and VA requires it be filed on a VAF 21- 526EZ by operation of law.”

This forms insanity doesn’t stop here. VA came out with a new VAF 21-22a in 2018. It’s ever so slightly different than the older 2015 version. Woe betideth any who use that older form. Yes, folks. They will reject it. This also creates a damning domino effect on your attorney/client fee agreement. By law, if you don’t file both documents within 30 days of one another, the fee agreement is null and void. Oddly, your POA representation will remain intact. You’ll discover this problem when you win on appeal and VA refuses to hold back the 20% and pay you. At this point you are at the mercy of the client as to whether you were working for free or get paid.

Source:  https://asknod.org/2019/08/21/vas-ama-i-think-im-turning-japanese-at-least-i-think-so/

Short version:  Use the 21-526 To file a claim for a condition you have never filed before.  

Use the 20-0995 instead, if you have applied for this condition before and are seeking an increase OR, it was denied previously.  Even then, you would be wise to follow Alex's advice, above.  

 

Edited October 1, 2019 by broncovet

[Buck52]

Well if you find out what is the correct form to request our c-files 

Please let me know.

I think the VA just wants to be slow about it like they are with our claims.

this would be their duty to assist!!!  would it not?

[paulstrgn]

Buck you are so correct, it should be very easy to get a copy of your C-File.

I know if I had not got a copy of my C-File before I would not have found some errors in my file.

25 minutes ago, Buck52 said:

this would be their duty to assist!!!  would it not?

Sadly I think they have forgot about the duty to assist part! JMO

[Vync]

12 hours ago, paulstrgn said:

@Vync I will do that because you are 100% correct with the VA, they will wait 30 - 60 days to tell you you used the wrong form!

Same deal when submitting a claim involving non-VA medical records. I go ahead and fill include the release of information form.