Posted on Jan 24, 2015
LCpl Jeromelee Meyer
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As a Vet I can't seem to get help from the VA or the state. Because of medical I can't work anymore.
Posted in these groups: Wheelchair and flag Disabled Veterans
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Responses: 3
SSG Brian Tobin
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I am a service officer for the DAV and VFW. I have a representative who helps me with my claims that works for the state veterans administration. So any of these organizations are good and will be FREE of charge. If anyone tries to charge you a fee run for the hills because they are a scam. It is not a good idea for you to do your own claim, I don't do my own and I am trained to do claims. You will miss things and make mistakes that can hurt you in the process. It is very important to get a impartial view of your claim so that it can be done correctly with out the personal emotion that you bring to your own claim. Just remember that once you choose a representative the VA does not like you changing the rep during the claim process and might not allow you to change if you are in an appeal. So make sure you check out the person doing your claim, ask around and be sure it is someone that will do the right thing and follow up on your concerns before you appoint them your power of attorney for the claims process.
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CPT Jack Durish
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"Why is it so hard to find help in dealing with the VA?" That's a simple question with multiple answers depending on what type of help you are seeking: disability claim, health care, education benefits, etc, and each is complex. However, let's focus on your immediate problem, a disability claim.

First you have to find someone who is expert in dealing with a bureaucracy. That is true regardless of the type of claim you are filing.

Once upon a time, I worked in the Baltimore Payment Center of the Social Security Administration which dealt in all disability claims under the Social Security Act. I worked as a post-entitlement adjudicator (sounds important doesn't it - All bureaucratic titles are designed that way). My father also worked there as a Reconsideration Examiner. His role should help you understand the battle you are facing.

Although I am speaking about Social Security, I suspect that things aren't much different over at the VA.

You are disabled. Your doctor says you are disabled. Shouldn't that be enough? No. Although the doctor knows about health, he knows nothing about the law and there is a long standing animosity between the two professions.

Basically, you apply for disability benefits based on your doctor's medical evaluation. A bureaucrat who is not a physician, decides if you are entitled. How do they do that? They compare your doctor's description of your disability with the law. If your doctor uses the correct language, the correct code, and has filled in all the correct forms correctly, your claim may be rewarded. If not, your claim will be rejected regardless of the fact that you are legitimately disabled and entitled.

Thus, you need someone who not only knows medicine, but who is also expert in bureaucratic processes. That's hard to find in one person.

Veterans organizations have Services Officers who attempt to bridge the gap. Some are successful, some are not. Choose wisely.

If you fail, try again. Just remember that each appeal and re-submission probably will be viewed suspiciously, so each one has to not only be a better attempt at conforming with the law but also explain why previous attempts didn't. (I experienced this when my first submission for a VA home load guarantee failed.)

Now, back to my father's role at Social Security. He had a law degree, no medical training of any kind. However, every disability claim had to go through him or someone like him. It didn't matter that your doctor said you were disabled or that the State agency agreed, he was there to make sure that you weren't a malingerer attempting to "cheat" the system. That's the problem. The government is willing to spend its treasure making sure that its treasure isn't spent paying benefits to cheats. I often wondered if it wouldn't be cheaper paying the cheats than wasting so much trying to ferret them out.
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Sgt Connie Hamm
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Having a Service Organization, like DAV, VFW, AnLegion, Paralyzed Veterans, etc., work with you as an advocate will greatly improve your chances of getting VA issues resolved. I used to work for the VA and the veterans with service orgs helping them, were much more likely to get their claims approved and get others issues resolved as well. It doesn't cost you to have a service org help you but joining and paying dues helps the organization in their fight for our rights as veterans.
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