Are you a Reservist or Guardsman who was injured while on active duty or a deployment and want to file a claim with the VA?

CW4 Russ Hamilton (Ret) — Fri, 11 Sep 2015 02:10:13 -0400

Here’s some tips on how to file a VA disability claim, especially if this is your first time. If you get injured, go to a military medical facility or TMC. Make sure they document the details of the injury and the treatment you received and ask for copies of the documentation. Notify your local commander and tell them you need a Line of Duty injury report (for Army, it’s a DA FORM 2173). They will likely tell you that you don’t need one because you’re on active duty and your medical records will suffice – do it anyway, you will thank me later. If there are witnesses to your injury, try to get them to write up a statement about your injuries. If you’re coming off a deployment, make sure you report all injuries to the medical out processing station and get further treatment as necessary – again, get copies of all reports, x-rays, therapy, etc. Depending on the seriousness of the injuries, they may ask you if want to stay and receive treatment or go home and get treatment. I know everyone wants to go home but seriously consider getting treatment at the installation you’re at. Again, the key is get documentation.

Once you get home, you should look into enrolling at your local VA hospital for medical treatment of service connected injuries. OEF/OIF/OND returning vets who enroll before February 12, 2016 can obtain treatment of service connected injuries without going through the VA disability application process and will be placed in priority group 6 or higher. You should receive a briefing on all this while out-processing.

You should begin your VA disability application process as soon as possible. If it’s your first time applying, collect all your medical records and get them organized. If you went to a doctor on the civilian side, get all those records too. There are two things I can’t stress enough: Review the VA’s WARMS website, 38 CFR Book C, Schedule for Rating Disabilities, http://www.benefits.va.gov/warms/bookc.asp and get an advocate! You want to review Book C, which describes all injuries and the rating for that injury, because you may find an injury you didn’t think to claim – I found three (of course, you’ll need to have documentation to support any claim). An advocate is a person or organization who is certified in assisting veterans with submitting disability claims. You want an advocate because you don’t want to take on the VA by yourself and an advocate knows how to cut through red tape and ensure your claim is submitted correctly (you don’t want your claim returned for errors). There are many advocates out there – I chose Disabled American Veterans (DAV) but many other organizations have advocates as well such as the American Legion and Veterans of Foreign Wars (VFW).

When submitting your claim, you will need to fill out required forms but I also submitted a Word document as there isn’t a lot of room to describe your injuries on those forms. I also referenced the verbiage used in Book C so my claim mirrored the VA’s language in describing my injuries (this was recommended to me by someone who used to process VA disability claims). You can also submit “buddy letters” that document an injury – if you got hurt and there is no medical documentation, buddy letters will suffice (you usually want to submit at least two per injury if possible). The “buddy” writing it needs to be detailed and they need to swear or affirm they are telling the truth – kind of like a sworn statement. Once you complete all the forms and get your statements and records together, photocopy the whole thing. You’ll need to compile a list of all doctors, hospitals, imaging facilities, therapists, etc., plus their addresses and phone numbers (you have to submit a release waiver for each non-military doctor and facility). Make sure you state if you’re an OEF/OIF/OND veteran on your claim (you’re supposed to receive priority once submitted). After all this is done, review everything with your advocate (if you need help with any of this process your advocate will help you).

Next comes submission of your claim. Give your claim to your advocate – they will submit it on your behalf. They also become your representative for the remainder of the process and are supposed to advise you on anything during the claim process. They will be cc’d on all correspondence between you and the VA. Also, don’t submit anything on your own to the VA, submit any additional paperwork through your advocate. It generally takes about a year to get a decision but it also depends on how complex your claim is. If you don’t agree with the decision you receive you have a year to appeal it but I suggest submitting any appeal as soon as possible. Additionally, you will need to submit evidence the VA hasn't already seen.

At some point in the process the VA will schedule you for physical exams - the last ones I had were performed by a contractor and not at the VA. This reminds me: Be careful what you say to the examiner, they are not there to be your friend. In fact, you will sign paperwork that explains they are strictly there to perform an exam and not treat you. I made an off the cuff comment about shooting a .357 with no hearing protection when I was a kid, trying to emphasize that I had learned the importance of using hearing protection. He wrote it down. That’s about it, other than this hint: If you have been exposed to loud noises such as gunfire, explosions, mortars, or artillery and you have hearing damage that causes your ears to ring or hiss, that’s called tinnitus. It’s an automatic 10% rating and can’t be disproved (at least for now). If you don’t have tinnitus, don’t claim it.

Lastly, please know I've been dealing with the VA and my own claims for about 10 years. My VA file is about a two feet thick. I've been compensated at 100% since 2007 - I had 80% plus 20% individual unemployability (meaning I couldn't work and they felt I was not capable of obtaining gainful employment). I recently was awarded a true 100% rating. I am also drawing social security disability. And yes, it is possible to be retained in the Army Reserve provided you meet at least the minimum retention requirements, which I do (I've been med boarded) and I am not paid (points only). But that's a whole other story.

Also, please read CPL David Salazar's post below, he makes some very good points and has additional advice!

38 CFR Book C, Schedule for Rating Disabilities - Web Automated Reference Material System

Response by SGT Mark Stevens made Sep 11 at 2015 2:20 AM

SGT Mark Stevens — Fri, 11 Sep 2015 02:20:03 -0400

Excellent information for separating soldiers!

Response by CPL David Salazar made Sep 11 at 2015 2:52 AM

CPL David Salazar — Fri, 11 Sep 2015 02:52:06 -0400

This info is a Veterans service reps' wet dream! A claim within a year from active duty discharge generally gets a general medical exam, full physical. If one was to submit all of this evidence from the beginning, claims would take much less time. Excellent advice! The VA considers any claim older than 125 days as a backlog claim. The minute somebody sees all the evidence you have provided, if it's what's listed above, an exam request will be sent out. Also, sending your own statements describing the injury in service and how it's bothered you ever since also helps. Don't underestimate the weight of your statement!!! Look for va form 21-4138 to submit any statements as they have the sworn statement language built in.
The only thing I will suggest against the advice of the original poster is if you don't agree with the decision, and have evidence that contradicts the decision but wasn't available or submites before, send in the new evidence and request for "reconsideration" asap. With new evidence, this goes directly to a rater to look over. If you still don't receive a decision you feel is fair, request for a decision review officer (dro) to look over your case. If then you still aren't satisfied, put in the formal appeal. Appeals right now is a black hole for claims. It could take years before anything of value happens, so I would suggest exhausting all alternative avenues before the appeal.
Don't wait! There are timeframes for everything!

Also, take note that the VA is now requiring all claims to be submitted on the appropriate form. This is why service organizations are vital! They should tell you what to submit to process your claim expeditiously.

Seriously though, feel free to send me a direct message with any questions you may have. Don't be intimidated by the labrynth of red tape; get informed!

Response by SSG Carlos Madden made Sep 11 at 2015 10:07 AM

SSG Carlos Madden — Fri, 11 Sep 2015 10:07:31 -0400

Great info. Thank you CW4 Russ Hamilton (Ret). With the recent shadow cast on the PHX VA, what's been your experience with that facility?

Response by LTC Christopher Sands made Sep 15 at 2015 1:02 PM

LTC Christopher Sands — Tue, 15 Sep 2015 13:02:32 -0400

If you are hurt on AD-Training or IDT make sure to get the LOD. There is a cut off for Gulf War claims:If your disability or illness did not appear during active duty in the Southwest Asia theater of military operations, then it must have appeared prior to December 31, 2016, to a degree that is at least 10-percent disabling (for VA rating purposes). If you served in the Gulf you should have a gulf war exam, with the Burn pit and particulate matter memo's checked. Afghanistan just Burn pit.
The advocate is a Veteran Service Officer, from Veteran Service Organizations, IE American Legion, VFW, Purple Heart..most have an office in every VA Regional Office. There are also lawyer's and other civilian advocates.
When you have your exam do a Freedom of Information Act request to the VA facility where your exams were done.

Response by CPL Eric Vigil made Sep 15 at 2015 8:01 PM

CPL Eric Vigil — Tue, 15 Sep 2015 20:01:11 -0400

Back in 1990 I had been through Basic Training, AIT and back home at the National Guard, During our annual training, I was on Light duty because of a Knee injury that was aggravated, I was given an order to drag cable, Hawk System, while I was running through the field I tripped over a golfer hole and blew out the knee. I was sent to William Boamont Medical Hospital for an evaluation, they said my knee was no good, and kicked me out, I begged for a desk job being that it was not that big of an injury that I could not perform office duties, they gave me an honorable discharge I filed a claim, but was denied. It would never had happened if I was not given that order while on Light Duty. I was young then and loved my Country and State and was able to perform and work in the general public.. However the knee has never been the same and from time to time it causes pain..

Response by SFC Rejerio Trevino made Sep 16 at 2015 2:57 PM

SFC Rejerio Trevino — Wed, 16 Sep 2015 14:57:40 -0400

Thanks for the info. My problem is after applying for my disability, I never received a response. Approx a year later I conducted a follow-up. I was told my claim was denied and since I did not appeal or resubmit a claim I am SOL. I went to the VA Claims center in Tulare Ca. and the idiot there was talking to me like I was lying. Saying they have no record of me serving in the Reserves (WTH) they only have my active duty info.
Now the questions I have is: What do I do now? I have been retired since August 2012. I really need help.
SFC Trevino, Rejerio (USMC/USANG retired) [login to see]

Response by Amn Anne Hofferkamp made Sep 16 at 2015 7:20 PM

Amn Anne Hofferkamp — Wed, 16 Sep 2015 19:20:08 -0400

This works as long as the NG isn't hurt/injured on training status (BMTS/AIT). I had a seizure during tech school in 1993 while in tech school and rec'd an Honorable & Severance from IL but denied claims ongoing. IL didn't put any medical reasons for discharge on the DD214, but they did on the state paperwork. Read everything before it's signed. I'm in the middle of my 4th claim. I finally convinced the VA to give me non-SC healthcare in 2006 which paid for brain surgery in 2011; unfortunately, the damage from seizures has already been done. I've lost memory that will never come back.

Update - Claim is still waiting for a decision. Last letter was no decision. It wasn't a denial. So I'm waiting. I tried getting my governor to make my discharge "Medical" but won't because I didn't serve 10 years.

Response by CW4 Russ Hamilton (Ret) made Sep 19 at 2015 10:02 PM

CW4 Russ Hamilton (Ret) — Sat, 19 Sep 2015 22:02:05 -0400

I just returned from a stay in the hospital, had 2 more back surgeries. I’ll try to respond to those of you whom I haven’t responded to individually but I’m kinda out of it right now. Bottom line for those of you who have issues remaining: Get an advocate or veteran’s service officer from DAV or another organization and initiate new claims. I will also note that both the military and the VA have separate disability claims processes, with the military’s being much more difficult. For some of you, your claims may have been submitted through the military and not the VA. Also, denied claims can be appealed all the way up through the federal court system so know that an initial denial isn’t the end. If you are injured while on a drill weekend, ADT or anything that you were on orders for, you can file a claim for it. There are no time constraints on submitting claims that I know of but I’m not an expert. Example, my wife submitted her father for disability for WWII injuries in 2013 and he was awarded 100% in 2014. Don’t give up and go through an advocate.

Response by CDR Pat Clegg made Jul 22 at 2016 12:52 PM

CDR Pat Clegg — Fri, 22 Jul 2016 12:52:55 -0400

I am a navy reservist that was injured while on active duty and was released from active duty. After 2 years and 5 mths I finally received an LOD with incapacitation benefits that was back dated for 2 yrs and 5mths to when I was released from active duty. Simultaneously I told in a written letter from NAVPERS that I was to start the MEB/PEB process. 7mths later I was found TDRL and 18 mths later PDRL . My physician had documented in several medical records that I could not perform my military duties during the LOD and the MEB/PEB process. Social Security found me disabled during this entire time period. I could not get the navy to pay my basic pay and allowances for the incapacitation pay and benefits. I need assistance in getting this pay and allowances for the 3 yr period during my LOD and the MEB/PEB process from the NAVY.

Response by SFC Private RallyPoint Member made Oct 9 at 2016 8:17 PM

SFC Private RallyPoint Member — Sun, 09 Oct 2016 20:17:57 -0400

Yes I was

Response by Cpl Scott Mortensen made Jun 22 at 2017 8:35 PM

Cpl Scott Mortensen — Thu, 22 Jun 2017 20:35:49 -0400

yes

Response by SPC Private RallyPoint Member made Jul 25 at 2017 1:07 AM

SPC Private RallyPoint Member — Tue, 25 Jul 2017 01:07:38 -0400

In my situation, I was at Ft. Irwin on my Annual training and have injured my left ankle. I was checked by a medic at the field and was informed to check the doctor on base after field training.
I would of have not gotten to this injury if it wasn't for my chief, smoke, gunny. I told the medic of my injury while twisting it at a night ops while carrying Willy Pete rounds. Even though the medic given me a bandage to wrap my ankle my chief smoke and gunny got the best of me and I had to sacrifice my ankle. Which is why i had to get it treated before I go to work.

After the field training, I was sent to the hospital treat my injury. I was given a profile of my injury. But the issue is that I was given the wrong information from the medic to check in the hospital but should of went first to see the PHA. Lt. Found out from my chief and informed me that i will be billed directly from my Annual training pay because I'm a LOD. The LT. Has given me DDFORM 689, 2173, 2870, 2823, and DISABILITY COUNSELING FORM

In my situation what should I do. It's my first time in this situation. If higher ups make me work more than my limitations (which they have). What are my options?

Response by LTC Thomas Tennant made Jul 27 at 2017 10:43 AM

LTC Thomas Tennant — Thu, 27 Jul 2017 10:43:51 -0400

Short answer is yes. However be prepared to jump thru hoops. Your claim has to start with a "line of duty" investigation.

Response by MSgt Michelle Wilson made Aug 4 at 2017 3:44 PM

MSgt Michelle Wilson — Fri, 04 Aug 2017 15:44:12 -0400

I am a retired Reservist. I was deployed to Moron Spain in 2003. While there I injured my knee in a fall while doing PT. My medical records were lost so I can provide my a copy of the medical treatment are Rota NAS. I can't locate my orders, but I have a copy of a Campaign Medal order that was given for the deployment. Can I use that as proof that I was actually deployed to Moron?

Response by SPC Roy Nabors made Jan 26 at 2018 6:56 PM

SPC Roy Nabors — Fri, 26 Jan 2018 18:56:12 -0500

I was in KT Germany in 2003 and got injured on orders for 3 weeks. I hurt myself lifting road wheels . I was took to the clinic. They took no X-rays . They did a EKG. I was in the Army National Guard. I have my LOD and still denied.

Response by SGM Mikel Dawson made Jan 26 at 2018 7:02 PM

SGM Mikel Dawson — Fri, 26 Jan 2018 19:02:35 -0500

The best piece of advice the Chief gave was LOD. Sure you may do with out, but an LOD is always rock solid.

Response by SPC Edward Banning made Feb 5 at 2018 11:46 PM

SPC Edward Banning — Mon, 05 Feb 2018 23:46:57 -0500

Actually threw out my back in Basic Training. Stayed on going to chiropractor 2x a week. They blamed it on my wieght loss. Chiro visits stopped when i got to AIT still dealing with the pain and using the army wonder drug to get through i completed. When i got home i was on my own. It became harder and harder to work out and ended up with an under honorable conditions seperation after 6 years of perfect attendance because i failed my last wiegh in 1 week before my time was up. So i say i got screwed all the way around.

Response by SSG Private RallyPoint Member made Feb 7 at 2018 5:59 PM

SSG Private RallyPoint Member — Wed, 07 Feb 2018 17:59:45 -0500

I was on AD for six month orders. Got injured (ACL tear). I was sent home before healed. Got home and could not do my civi job (paramedic). The Reserves is working with WTU. But it has been six months since I was released. Does anyone know if they put me on WTU orders, is there anyway I can get help for the last six months of no pay? Could I get Incap pay even if I am now on WTU orders?

Response by MAJ Private RallyPoint Member made Feb 10 at 2018 11:48 AM

MAJ Private RallyPoint Member — Sat, 10 Feb 2018 11:48:54 -0500

I have a complicated issue and would like some advice. I tore my ACL while on active duty in 1996. I separated in 1998. I was given an LOD approval with 0% disability through the VA. I re-entered the reserves in 2013 and reinjured my ACL in 2014. My unit was marginally helpful, in that they initiated a new LOD and I received care from the local MTF. I have a few complications requiring corrective surgeries from the original, and as the complications have become more severe I have discovered that the LOD from 2014 was not entered correctly and I am being refused care at the local MTF because my LOD is not complete. Now my unit is saying that I need to receive my care through the VA not the local MTF and that they are not required to do a new LOD. My Left ACL was reconstructed 4 times, with the latest surgery using a donor from the right side now I have issues with both knees. Do i require a second LOD for the reinjury of the ACL, do I require an LOD for the right knee as a complication of the surgery? I am going for a medboard soon and want my medical records to accurately reflect the issues at hand.

Response by SPC William Cooper made Mar 8 at 2018 10:06 PM

SPC William Cooper — Thu, 08 Mar 2018 22:06:59 -0500

Yes

Response by CPL Private RallyPoint Member made Mar 18 at 2018 4:51 PM

CPL Private RallyPoint Member — Sun, 18 Mar 2018 16:51:04 -0400

I was injured twice while on duty and my commander does not want to sign my commanders statement so I can continue to the medical board. I was hurt and treated and have had surguries since 2012 til present. Now I'm told I have to be sent to a WTU I feel this is wrong because I've given all document's supporting my injuries from civilian and VA doctor's and I'm just being dragged around in circles.

Response by LTC Private RallyPoint Member made Mar 18 at 2018 6:19 PM

LTC Private RallyPoint Member — Sun, 18 Mar 2018 18:19:26 -0400

BLUF. in my opinion as a medical officer the entire line of duty system needs to be scrapped. It is immensely disrespectful and completely lacking any understanding to what it means to serve as a professional soldier. The whole idea that you only get covered for events that occur specifically while on duty demonstrates a complete lack of understanding for what it means to be and maintain your physical fitness. It is not is if you can turn on or turn off your fitness. How is it that an active-duty soldier can be injured training after hours in the evening or on the weekend and that is covered but if the guardsmen does the same thing in order to meet the same physical fitness standard it is not covered. They get 1/20th the paid time to train, have to meet the same standard but do not receive the same care when they are injured meeting that identical standard.

Response by PO1 Private RallyPoint Member made Mar 22 at 2018 9:54 PM

PO1 Private RallyPoint Member — Thu, 22 Mar 2018 21:54:31 -0400

I was on drill weekend training, I got injured while on a boat we hit some rough seas and I got slammed on the deck the safety officer took me to Balboa hospital where they assess my condition, found out that I broke my fibula they gave me a boot and crutches and told me that it would take 6 to 8 weeks to heal.

my question is in regards to my civilian employer, I only have been working for this employer for 2 weeks when I got injured and I have been keeping my employer informed of my condition got a doctor's note that states " Patient will be excused from work for 2 months", My employer has hinted that I may have to reapply once I get better, Can he fired me even though I got injured while on military training?

Response by SPC Russ Burghorn made Apr 4 at 2018 12:11 PM

SPC Russ Burghorn — Wed, 04 Apr 2018 12:11:47 -0400

Yes, get a VSO and don't give up!!!

Response by Sgt Noel Noel made Apr 6 at 2018 5:53 PM

Sgt Noel Noel — Fri, 06 Apr 2018 17:53:12 -0400

Yes.
I filed a claim but was denied. The VA indicated that my injuries were not service related.

Response by CPL Private RallyPoint Member made May 4 at 2018 5:52 PM

CPL Private RallyPoint Member — Fri, 04 May 2018 17:52:57 -0400

I was just injuried and have 2 more days of ADT in the reserve. What am I entitled to? Can I remain on AD while my injury heal?

Response by SGT Thomas Salemme made Feb 23 at 2019 10:48 PM

SGT Thomas Salemme — Sat, 23 Feb 2019 22:48:21 -0500

Good article, with sound advice! We need more people to learn about the tinnitus situation. I made a post on a video someone posted on Youtube, and have helped about 50 people get there 10%. I have been trying to help some co workers with their claims as well. I have been doing mine all on my own. Im at 80% now, and should be at 100% by summers end. I did similar things, like you have also stated. I would look up what the VA calls certain ailments, see how they are rated, and then when I file my claim, I use the same wording they use. So instead of claiming "back pain", I would claim " degenerative disc disease". I wish I could start my own advocacy service!

Response by MAJ Private RallyPoint Member made Jul 29 at 2019 11:30 AM

MAJ Private RallyPoint Member — Mon, 29 Jul 2019 11:30:49 -0400

So how you know on LOD was processed properly? I have one from 2006, have a copy but not sure what the process was. Now I have a second LOD for my left arm and I want to make sure it is process properly.