Sorry for the mess!

The site is undergoing a massive update. All the content on the site still works but things just might look a little messy and disorganized. Most of the upgrades will probably be don by the end of the month. Thank you for your understanding!

Updated Jun 21, 2023

In This Section

  
This section contains the following topics:
 
Topic
Topic Name
1
2
 

1.  Requests for Application

Change Date

  
June 21, 2023

II.iii.2.G.1.a.  Requests for Benefits Not Filed on the Prescribed Form on or After March 24, 2015

  
Consider a request for benefits which was not filed on an appropriate prescribed form on or after March 24, 2015, a request for application.
 
Establish the appropriate end product (EP) with a date of claim as the date the request for application was received.  Generate the appropriate request for application letter.
 
Reference:  For more information on EPs for requests for application, see M21-4, Appendix B.

2.  Soliciting Claims

Introduction

  
This topic contains information on issues to consider when soliciting claims for disability compensation, including

Change Date

  
June 1, 2022

II.iii.2.G.2.a.  Disabilities for Which SC Must Be Considered

  
When deciding an original claim for compensation, or when supplemental service treatment records (STRs) are received following promulgation of an original rating decision, the rating activity must
  • consider service connection (SC) for all claimed disabilities, based on a sympathetic reading of the claim, and
  • consider soliciting a claim for other chronic, unclaimed disabilities noted in the STRs.
Exception:  If a claimant or authorized representative submits supplemental STRs, the rating activity must take the actions described in the preceding bullets only if the STRs are accompanied by the required standard claim form.
 
References:  For more information on

II.iii.2.G.2.b.  Mere Existence of Medical Records Does Not Constitute a Claim

  
The mere existence of medical records does not constitute a claim.  There must be some intent by the claimant to apply for a benefit.
 
Notes:
  • Claims for an increased rating were previously an exception to that rule under the historical provisions of 38 CFR 3.157(b).
  • The Standard Claims and Appeals Form regulation eliminated 38 CFR 3.157 and requires submission of claims on prescribed forms effective March 24, 2015.

II.iii.2.G.2.c.  Claims Mentioning Exposure but Not Specifying a Disability

  
A claim mentioning an exposure but not specifying a disability from the exposure is not substantially complete.
 
Reference:  For more information on claims that do not specify a disability but allege exposure, see M21-1, Part II, Subpart iii, 1.C.2.c.

II.iii.2.G.2.d.  Fractures Discovered in STRs Without a Claim

  
Fractures constitute a chronic disability for the purposes of soliciting a claim.
 
If the Veteran has not claimed a fracture and STRs contain an x-ray or other objective evidence of a fracture in service, solicit a claim from the Veteran in accordance with M21-1, Part II, Subpart iii, 2.G.2.e.
 
Reference:  For more information on SC for fractures documented in service, see M21-1, Part V, Subpart iii, 1.F.1.a.

II.iii.2.G.2.e.  Soliciting a Claim for a Chronic Unclaimed Disability

  
When soliciting a claim for SC for a chronic, unclaimed disability
Include the following language in the notification:
 
We have reviewed your records and they suggest you may be entitled to an additional benefit.  If you want to file a claim for [insert chronic disability] please submit a completed VA Form 21-526EZ, Application For Disability Compensation And Related Compensation Benefits, to the appropriate address listed on the attached Where to Send Your Written Correspondence chart.  You can download the form at http://www.va.gov/vaforms or submit your claim online at www.va.gov.  We recommend you return the form as soon as you can in order to ensure the earliest possible payment date if an award is authorized.
 
Notes:
  • Claims processors may combine the claim solicitation notice with other types of correspondence or decision notices being sent to the Veteran.
  • Do not establish EP control or initiate development or duty-to-notify/assist procedures until the Veteran responds affirmatively to the notice.
  • When the Veteran responds with a claim, the date of claim of the EP is the date the regional office receives the claim.