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Adding A New Condition


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#1 bigoc

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Posted 06 October 2009 - 04:51 PM

Does anyone know if I have to file the whole deal again for new claims or can I just add it with a different form?  For example, I am currently rated for cervical spine injury and would like to file for lumbar injury that was just recently discovered.  I apologize for using the term "whole deal" but I am having trouble remembering what the number is for the form you use to file your original claim for compensation.   

#2 darkhorse

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Posted 06 October 2009 - 05:03 PM

This would be considered a new claim bigoc if you haven't filed for a lumbar injury before. But there is an exception since the VA might consider your lumbar injury as part of cervical spine condition and just raise the rating of your SC cervical spine injury. I think they both have the same rating schedule but not sure.



dh


Does anyone know if I have to file the whole deal again for new claims or can I just add it with a different form? For example, I am currently rated for cervical spine injury and would like to file for lumbar injury that was just recently discovered. I apologize for using the term "whole deal" but I am having trouble remembering what the number is for the form you use to file your original claim for compensation.



#3 alphahec

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Posted 06 October 2009 - 08:41 PM

Just file a VA Form 21-526, since this is a new claim.

#4 cowgirl

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Posted 06 October 2009 - 11:05 PM

I don't believe that is true since big is already connected. I think I used a Statement In Support of Claim, 21-4138 when I filed for another condition to be service connected and submitted it through my VSO. I requested for increase for said condition. If you have proof like selected portions of your SMRs and or a physicians diagnosis, you could add that as an attachment. The other form is for the first time a vet submits a claim, other requests are part of the original.

Best to ya,
Cg'up2009!

Edited by cowgirl, 06 October 2009 - 11:06 PM.


#5 pete992

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Posted 06 October 2009 - 11:22 PM

Cowgirl, you are correct and win the prize. A veteran only files a VA form 21-526 once and he/she can claim new claims or claims for increases on the VA form 21-4138. Darkhorse you are correct and win the prize. Bigoc you can file a claim for lumbar spine condition secondary to your already service connected cervical spine condition or you can file a new and separate claim for your lumbar spine. You can take the evidence to your doctor and ask him/her if they are related/connected or are they separate and then file a claim based on his/her medical opinion.

Cowgirl/Darkhorse, what was the prize, a big smile B)

Edited by pete992, 06 October 2009 - 11:25 PM.


#6 bigoc

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Posted 08 October 2009 - 09:21 AM

I never realized that all you had to do is put in a 21-4138.  I thought if it was a new claim you had to do the whole thing all over again with the demographics and all that jazz.  Seemed crazy to have to add in your unit history and all that stuff again and hopefully this is all I have to do.  Seems logical once the VA has all the basics you just send in an update for anything new or change.
Just so I understand this right, example if I am currently rated for the spine and I suddenly find I have a TBI all I have to do is file a 21-4138 since I already have filed once for a different claim and the VA has me in the system?

#7 cowgirl

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Posted 08 October 2009 - 10:45 AM

If you have a ongoing or valid new find diagnosis to an a service connected injury, with in service treatment, private care or VA care, the records should support your request. Just my experience, good to have diagnosis clearly stated before requesting increase.

The veterans 'Claim' is the master record, after that 'claimS' , like increases, reopens, appeals, etc simply modify the original. (I think thats the way I see it.) The modification requests are claim for increase, reopened claim, etc.


I never realized that all you had to do is put in a 21-4138. I thought if it was a new claim you had to do the whole thing all over again with the demographics and all that jazz. Seemed crazy to have to add in your unit history and all that stuff again and hopefully this is all I have to do. Seems logical once the VA has all the basics you just send in an update for anything new or change.
Just so I understand this right, example if I am currently rated for the spine and I suddenly find I have a TBI all I have to do is file a 21-4138 since I already have filed once for a different claim and the VA has me in the system?



#8 Wings

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Posted 08 October 2009 - 11:14 AM

x
x
x

VA FORM 21-4138 (download) http://www.va.gov/va...?FormNo=21-4138


A Statement in Support of Claim, VA Form 21-4138,
can be used to provide information requested by the VA
to support a claim. VA Form 21-4138 can also serve as
a claim for the following:

Increased evaluation of a service connected disability(ies)

New disability(ies) after an original claim for service connected disability(ies) has been decided

Ancillary benefits such as special housing adaptation, automobile allowance, etc.

Entitlement to statutory benefits such as special monthly compensation

Entitlement to special monthly pension

You can also use VA Form 21-4138 to submit the following:

New and material evidence following a decided claim

Notice of disagreement with a VA decision

Other claims for benefits

Source: http://www.vabenefit...bout_vonapp.asp


#9 Pete53

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Posted 08 October 2009 - 11:41 AM

Thanks Wings