Is it worthwhile for me to apply for VA benefits after 10 years of separation?

SPC Nate Lamphier — Wed, 25 Oct 2023 14:04:53 -0400

Hey all! Been a few "minutes" since I posted....life happens fast right?

Anyways, yesterday I went to my doctor for knee and back pain. Upon examining my knee he asked if I had any VA benefits? He said that the damage is due to all the ruck marching etc that we would do. It has caused me me to have flat feet which then in turn has screwed up my knee and back. Anyways, I'll save you all of that.

My question is this. I know the application "time frame" has been waived. Was curious if it is worth the time to get that filled out and submitted? Or if it is going to be a waste of time so to speak. Part of me is thinking what is it going to hurt...the other part is I don't want to go through all the paper pushing to get a "no".

I appreciate any advice/experience anyone will have.

Make it a great day!

Response by LTC Eugene Chu made Oct 25 at 2023 2:17 PM

LTC Eugene Chu — Wed, 25 Oct 2023 14:17:31 -0400

If I were you, I’d contact IAVA and follow up with VA visit. Along with political lobbying, Iraq and Afghanistan Veterans of America also has peer counselors. A discussion with them for shared experience (along with best practices before going to Veterans Affairs) could help with obtaining information for your situation.

https://iava.org/

Home - IAVA

Response by COL Randall C. made Oct 25 at 2023 5:39 PM

COL Randall C. — Wed, 25 Oct 2023 17:39:02 -0400

SPC Nate Lamphier, there is no timeframe on when you can apply for disability compensation from the VA. You can submit a pre-discharge claim when you're within 90-180 days of leaving the service or you can do a post-service claim for your service 50+ years ago (there is no time limit on a post-service claim).

As the time becomes further and further away from your period of service, the two things that will be affected are the complexity in establishing that your illness or injury is service-connected and when the effective date of your claim is.

If you intend to file a claim, the VERY FIRST thing you should do is (assuming you're not going to do it yourself online) is notify the VA of your intent to file* by mail or telephonically. Once notified of your intent to file, you have up to a year to submit the claim, but the 'claim date' is established by your notification.

If you decide to file online yourself (I don't recommend it unless it is something very clear-cut), the date of the claim is set as soon as you start the claim (just opening it .. you don't have to complete it).

You can have a Veteran Service Organization* (VSO) such as the DAV, VFW, etc. (which I highly recommend instead of going down the road by yourself) do it on your behalf, but all it takes is a call to the VA to notify them. When you meet with the VSO representative, mention that you already contacted the VA and gave them a telephonic intent to file and have them verify that "it took".

Looking at your profile, you left the service 11 years ago. What you'll have to show in your claim is that there is a service-connection for the injuries that you have now. That means your medical records (or other types of supporting records) from your time in the service that showed some indication of a 'pre-cursor' condition that was caused by your service which eventually led to what's happening now.

The stronger the evidence included with your claim when it is adjudicated and a decision is made, the more likely it will be decided in your favor.

To put it bluntly - you can't just say "I did a lot of ruck marches", "those ruck marches caused me to have flat feet", and "the flat feet led to my knee and back issues I have today". It has to be documented that A led to B which led to C.

The "B to C" should be easy (a common result of flat feet are knee and back pain). If you don't have medical records showing that you developed flat feet while in the Army, that will be the harder part as flat feet is a common issue that can develop as you age.

A VSO representative will help you through the process as well as advising you on evidence that needs to be gathered.
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* VA Intent to File - https://www.va.gov/resources/your-intent-to-file-a-va-claim/
* Getting help with your claim - https://www.va.gov/disability/get-help-filing-claim/

Your intent to file a VA claim | Veterans Affairs

Find out how to notifyus ofyour intent to file a claim for VA disability, pension, orDICbenefits.

Response by Sgt Sheri Lynn made Oct 26 at 2023 3:13 AM

Sgt Sheri Lynn — Thu, 26 Oct 2023 03:13:19 -0400

SPC Nate Lamphier I made the decision to file for benefits due to injury over 20 years after occurrence. And was successful. It was a two year process from "intent to file" to completion. It was quite exhausting at times; however, the disability compensation I am now receiving allows me to be financially stable and get reliable medical care. For me it was worth trying.

Response by CPT Lawrence Cable made Oct 26 at 2023 10:01 AM

CPT Lawrence Cable — Thu, 26 Oct 2023 10:01:31 -0400

As the Colonel said, there is no time frame. I didn't apply for my hearing until almost 18 years after my last go round with the Army Reserve. Luckily, I had copies of my last Physical that include an H-3 PUHLUS rating and DA hearing waiver, so that one just sailed through getting rated.
Again, as the Colonel indicated again, it is much easier to get rated if you can document that you had been treated while you were Active. It is a long process to get rated for a presumptive cause without some kind of treatment record.

Response by SGT Private RallyPoint Member made Oct 31 at 2023 8:09 PM

SGT Private RallyPoint Member — Tue, 31 Oct 2023 20:09:53 -0400

SPC Nate Lamphier Yes... sounds like you have a good Dr. who is willing to support his theory with the VA.

Response by 1LT Larry Bass made Oct 31 at 2023 8:35 PM

1LT Larry Bass — Tue, 31 Oct 2023 20:35:55 -0400

My knee was blown out (mountain climbers) in OCS. I still came back & finished. However, I was in denial about the injury, not wanting to be disqualified from attending Army flight school. I didn't file a claim until 8 years after retiring. Because the injury was noted in my military medical records, it was good for 10% compensation. If your injuries are noted in your records, you will be compensated. If not noted, it will be a fight with the VA. If denied - appeal, appeal, appeal.

Fourteen years after retirement, I filed a claim for tinnitus. I had experience a delayed onset of a ringing in my ears. I was denied because it wasn't reported during service. I recently submitted new evidence and was denied again. My MOS was BlackHawk pilot, and UH60 is very noisy, so this should have been a slam dunk claim - yet denied again. I'm currently in the appeal process. Hang in there. Get everything you deserve.

Response by LTC Private RallyPoint Member made Oct 31 at 2023 10:44 PM

LTC Private RallyPoint Member — Tue, 31 Oct 2023 22:44:58 -0400

Yes

Response by AA Steven Blackmore made Nov 1 at 2023 6:15 PM

AA Steven Blackmore — Wed, 01 Nov 2023 18:15:33 -0400

My advice is check in with Vaclaimsinsider.com. They will help you all the way through. They have the KNOWLEDGE to help you successfully get your disability. I do not get anything for the recommendation whatsoever. I just know it works.

Response by Maj John Johnston made Nov 1 at 2023 8:56 PM

Maj John Johnston — Wed, 01 Nov 2023 20:56:59 -0400

My goodness! Get yourself to the nearest DAV meeting and/or a VA Veteran Support Officer or The local VA clinic and get set up for an assessment. As far as I know th3re is no time limit provided you are an honorably discharged veteran who can show proof of service (DD214).

Response by PO1 Steven Johnson made Nov 2 at 2023 5:45 AM

PO1 Steven Johnson — Thu, 02 Nov 2023 05:45:49 -0400

Sounds like me exactly.

Response by TSgt Lloyd Estes made Nov 2 at 2023 8:31 AM

TSgt Lloyd Estes — Thu, 02 Nov 2023 08:31:28 -0400

It is never too late to apply for benefits. I use to work for the State of Florida Department of Veterans Affairs and I would always look at the case with an open mind. Now after saying that I will say it will be harder but not impossible to get an approval. You will need as much medical evidence as you can put together for the past ten years since you left the military to include personal statements from others about you problem. For example if your condition has caused you to lose multiple employments. Then perhaps the biggest hurdle is to obtain evidence from active duty. Not to paint you a rosy picture, but not impossible. Seek out your nearest service organization at your nearest VA Medical Center.

Response by SFC Thomas Lindsey made Nov 2 at 2023 8:58 AM

SFC Thomas Lindsey — Thu, 02 Nov 2023 08:58:15 -0400

I filed VA benefits for my father in 2010, he was in during the Korean War. He never initiated anything, and he was the cadre for the Airborne Rangers during his time in. That said, his body was a bit of a mess, and he lived with it. He was able to get 80% disability before he passed. He could've taken advantage of more benefits, he only wanted a wheelchair and some healthcare (which he got and more). I made sure that my dad understood that he would have to push on the process and probably go 2 or 3 times for evaluations before anything would be approved. There obviously is no time frame, and it IS worth your time to follow through with this. I felt weird about doing this for myself, but a fellow retiring buddy told me 'with all that's happened to us, try to remember how you felt 10 years ago, how you feel now, and imagine what you'll feel like in 10 years'. If you've earned it, you deserve it.

Response by Sgt Patrick Leeds made Nov 2 at 2023 2:10 PM

Sgt Patrick Leeds — Thu, 02 Nov 2023 14:10:43 -0400

I was out of the Air Force at least 25 years and went to file a claim "on a lark" with a couple of co-workers. I thought I had been out too long so I wasn't expecting a good outcome. Well lo' and behold I was awarded a 70% rating for the PTSD I have. Later, it was dropped to 50%. I appealed that change and won my case receiving an award giving me back the 70% and all pay that I had lost because of the improper reduction. With the PACT act law being signed into law, the VA has now also approved me for 100% disability for Agent Orange exposure at a base in Thailand. I never expected this great of outcome when I first applied so don't hesitate any longer. Hurry and contact a VSO and get your claim started. The worst that could happen is they deny your claim and then you can always appeal that decision.
Have a great day and best of luck with your claim.

Response by SPC Matt Ovaska made Nov 3 at 2023 8:42 AM

SPC Matt Ovaska — Fri, 03 Nov 2023 08:42:21 -0400

As they say in Brooklyn. Forget about it...unless you were an officer or know someone high up in the military.

Response by GySgt Jack Wallace made Nov 3 at 2023 10:18 AM

GySgt Jack Wallace — Fri, 03 Nov 2023 10:18:15 -0400

If you earned it you will get it. I filed some 20 yrs later from active service. Just FYI. there will be some lag-time. From my first filing it took approx. 18-20 plus months to get me started. Get some help at Vietnam Vets of America, County Va rep, or any other Veterans group. You will have a very hard time doing it yourself!!! Good luck

Response by SSG Chris Garabitos made Dec 11 at 2023 4:04 PM

SSG Chris Garabitos — Mon, 11 Dec 2023 16:04:01 -0500

In addition to everything mentioned, consider YouTube as well. Search “VA claims process”. Read up in 38 CFR. Learn terminology, definitions, processes.

Response by PO2 Mark Giraldi made Jan 11 at 2024 10:41 AM

PO2 Mark Giraldi — Thu, 11 Jan 2024 10:41:58 -0500

I helped my father-in-law apply for VA benefits in 2014. He was a WWII veteran (B-17 tail gunner) wounded, shot down and evaded and escaped for three months in France before joining up with a Canadian tank outfit and returned to US forces. Long process, but successful in getting him disability payments which we then were able to continue to his wife at 50% after his passing. Never too late.

Response by SSgt Private RallyPoint Member made Jan 16 at 2024 9:20 PM

SSgt Private RallyPoint Member — Tue, 16 Jan 2024 21:20:33 -0500

For sure! I was recently rated 100. Jonathan at Vetbcg (veteran benefit consulting group). Helped me big time. I vouch for them. They explained everything and really made it easy Give him a ring, tell him MYKEL sent you. Jonathan: [login to see]

Response by GySgt Jack Wallace made Jan 29 at 2024 7:06 AM

GySgt Jack Wallace — Mon, 29 Jan 2024 07:06:41 -0500

Everything with the Va. is long wait. A lot of paper work and details. What I did was go see your County Va rep. or see the Vietnam Vets of America or something like it.And No, one did not have to serve in Vietnam to seek help!!!!! I was not. Got help from both!!!

Response by 1SG John Millan made Jan 29 at 2024 3:24 PM

1SG John Millan — Mon, 29 Jan 2024 15:24:13 -0500

Yes, moment you file will be retroactive date. Even If you get a zero percent rating, its easier to bump up a zero than nothing, plus you get service connected, priority care for anything service connected. Don't wait!!!