Applying for Benefits:Using VA Forms!

All the forms required by the VA or Veterans Administration have been completed and submitted to the Tiger Team and they will apply to the hospitals, doctors and others that treated me for sicknesses and pains that was caused or aggravated by conditions in the service. On VA Form 21-536 I claimed and applied for the same benefits that I applied for in December 6, 1954 and was denied service-connection for all illnesses I listed because they claimed there were no medical records of me being evacuated from the Front Lines in Korea to Evac 21, 421 or what ever the number of the building is or was where I stayed for maybe eight or ten days and returned to combat duty. For the first two years I worked for a company that used a company doctor for a short prior in my work history with the company. Now the company is owned by another firm and the people in that company is working hard to find my medical records. At the time I filed the present (current) claims I was not aware that they had found my medical records, but I was sure my medical history since my discharge from the service would sustain my claim that my health was impaired by servicing in the army. With my medical records in hand, my statements about my health are facts that are supported by the documents from Korea. What is troubling is the fact that I was denied my service-connected claim in February 11, 1955 and the appeal period for the decision expired and the decision became final. By today’s standards it is very sad that a 23 year old soldier, just six months out of combat, could walk in to the VA office apply for benefits based on injuries during combat, and get denied and no one ever contact him again. My thinking all alone was that I could appeal the decision anytime my needs for benefits increased. Unaware of any expiration date on the right to appeal, I just waited until I needed to appeal. Now I know, that for the VA to reconsider my claim I must submit “new and material evidence.” Better yet, here is what they said in the letter,

· “To qualify as new, the evidence must be submitted to VA for the first time”

· “In order to be considered Material evidence, the additional information must relate to an un-established fact necessary to substantiate your claim.”

· “New and material evidence must raise a reasonable possibility, that when considered with all the evidence of record (both new and old), that the conclusion would change. The evidence can’t simply be redundant (repetitive) or cumulative of that which we had when we previously decided your claim”
In my case, I have spoke with everyone working on my claims including hospitals, businesses, and doctors that are supplying medical information to the VA to support my claims. As I reported, I have had my eyes examined and maybe required to take other exams if needed. The Tiger Team said all the reports are in but the one coming from the company that used a company doctor. The Human Resources Department at that company is working hard to retrieve my medical records. While on the phone the lady at the office with the Tiger Team said she was putting a note in my claim asking why the claim could not be submitted without the final record, that file could follow my claim and be in my records if needed in the future. Now that I know there are no missing information or incomplete reports in my claims I am completing a report on all the VA Forms I filled out and submitted when applying for my Pension, Compensation and Disability. Once I know what is approved and what is denied, I will post it here so you can use it as a guide when you apply for any benefits from the Federal Government’s Department of Veterans Administrations.