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Last week I spoke with my VSO about filing a direct claim for Acquired Hemolytic Anemia and my Hem/Onc doctor agreed to stating my exposure to toxic chemicals, primarily Benzene among others, was just as likely as not to have contributed to my PNH. I explained my doctor would be out of country for a week and that he would complete the DBQ and provide a rational explanation once he returns. The VSO stated, he would take care of filing a claim and doctors DBQ would be submitted once received.
A few days later I get a correspondence from my VSO telling me an Intent to File form 21-0966 was submitted on my behalf, I checked VA.gov and see an intent to file for 7723, for Compensation (and an entry for Pension???) under review. Exactly one week later it shows as closed on eBenes and a package is sent. When I checked my disability list, 7723 appears but says Not Service Connected. Well of course the examiner would say that, they hadn’t received ANY supporting documentation supporting the claim yet. I had asked the VSO if I needed to upload a form 21-526 before the claim closed and he told me no, sit tight??? This doesn’t make sense, why file a 21-0966 if they are going to closed it within a week if they don’t yet have info to support it?… why not file a 256 and have 90 days to get you stuff together?
Then I see this on the Veterans Law Blog: Do Everything in Your Power to NEVER use VA Form 21-0966, apparently preserving your date is a joke, could have preserved the date with a 21-256 just as well, and it wouldn’t have been closed so quickly! Very disappointing!
They make a valid point and make me wonder is who side is my VSO on? I’ll wait and see what the package says, but if I don’t feel comfortable with how the VSO handle this (and the service .org is one of the big ones) what should I do now? File a 526 with supporting docs, file a notice of disagreement…I don’t want to screw this up any worse than it is.
Thanks for listening and any advise given.
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Last week I spoke with my VSO about filing a direct claim for Acquired Hemolytic Anemia and my Hem/Onc doctor agreed to stating my exposure to toxic chemicals, primarily Benzene among others, was just as likely as not to have contributed to my PNH. I explained my doctor would be out of country fo...