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?

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!