Vietnam Vets: Filing a Disability Compensation Claim

2015-12-14T17:50:00-05:00

Nothing is more frustrating than filing a VA disability compensation claim under the new “Fully Developed Claim (FDC)” system and only receiving a denial letter telling you that the military didn’t cause your disabilities.

What do you have to do before filing a VA claim? I would suggest that you first look for a County Veterans Service Officer or National Service Officer that has been properly trained by the VA in disability claims preparation and development.

Your first step should determine if your current disability is a disease subject to presumptive service connection as noted in 38 CFR 3.309. Did your spouse die from one of these diseases and had served in Vietnam?

Note: Guidelines presented in 38 U.S Code 1116 Subsections (b) through (d) shall cease to be effective on September 30, 2015.

Next, refer to M21-1MR, Part IV, Subpart ii, Chapter 2, Section C 10. Service Connection for Disabilities Resulting From Exposure to Herbicides or Based on Service in the Republic of Vietnam (RVN). This is the VA employee guide for developing claims and gives you an insight as to what they are considering as well as giving you the opportunity to provide the evidence they are looking for.

Now let the fun begin! Let’s say you were a sailor aboard the USS Procyon (AF-61) from February 21 to June 4, 1971. You’ve reviewed the VA Ship list and see that the VA does not recognize your ship. What will you do? Research, research, and research some more. Once you’ve determined when the USS Procyon did operate off the coast of Vietnam or the date port visits were made to Vietnam, immediately request the Deck Logs of the Ship.

When requesting Deck Logs, email [login to see] with these details:
· Full name of the ship, and hull number, if possible
· The dates of interest
· Your inquiry

Upon receiving the receipt from Deck Logs, make copies available to your County Veterans Service Officer.

Response by SPC(P) Jay Heenan made Dec 14 at 2015 5:54 PM

2015-12-14T17:54:13-05:00

Great information CPO Ed Ball. I was fortunate that this was all handled prior to me getting out!

Response by LCDR Rabbah Rona Matlow made Dec 14 at 2015 6:20 PM

2015-12-14T18:20:14-05:00

CPO Ed Ball I ALWAYS recommend that vets file through DAV or another VSO. Some government agencies are very good; others not so much...DAV, in my experience, has been extremely successful in helping vets with their claims...

Response by Sgt David G Duchesneau made Dec 14 at 2015 6:39 PM

2015-12-14T18:39:22-05:00

Great Post Chief! When I finally filed my claim, I used the State's Veterans Services and finally, everything work out great! Thanks!

Response by Sgt Private RallyPoint Member made Dec 14 at 2015 8:09 PM

2015-12-14T20:09:20-05:00

Excellent post! I tried filing myself many years ago, and I was not getting anywhere. Last year, I had a VFW VSO help me and finally I was able to receive disability compensation. It is an ordeal to go through.

Response by SGM Mikel Dawson made Dec 14 at 2015 9:06 PM

2015-12-14T21:06:19-05:00

I admit having help is good. My cousin worked with POWs, helping them file claims. When I filed my claim, I visited her, she reviewed, directed me the right way. As I worked on it, I'd e-mail to her for review. When I sent my claim in, it was approved the first time. Getting help from some one who knows if vital to success.

Response by CPO Ed Ball made Dec 14 at 2015 9:45 PM

2015-12-14T21:45:02-05:00

When and if to hire an attorney, "once you've received a VARO Denial Letter", has its pros and cons. For the most part there are excellent attorneys out there, they work for a percentage of the retroactive check, generally 20% no more than 30% authorized. Then your monthly disability checks are yours for the duration of your award. They can do more as your representative and move things along a little quicker. So it's your choice.

As to which National Service Organization is best, it's tough to say, I've had success with them all over 15 years. But here in Ohio, American Legion leads the way. DAV has an excellent training program for their Service Officers, but follow up with them leaves a lot to be desired.

Update on Blue Water Navy status, apparently the VA Central Office has redefined inner water ways for the Vietnam era, and it is sitting at OMB for review, as mandated by the Federal Circuit Courts. Attorney John Wells has made some excellent progress over the last 5 years and I truly believe there is light at the end of the tunnel, thanks hugely in part to the Gray v McDonald decision.

Response by SSG George Baker made Dec 15 at 2015 9:50 AM

2015-12-15T09:50:35-05:00

mention DAV, VFW. i use the DAV and they been a monster big help

Response by SFC William Farrell made Dec 17 at 2015 11:51 PM

2015-12-17T23:51:21-05:00

Not only for Vietnam vets but all vets, a good reference board to use is http://vets.yuku.com/ There are all sorts of experts on there and other veterans who have been through the same process you are going through.

Response by COL John Hudson made Dec 18 at 2015 9:45 AM

2015-12-18T09:45:19-05:00

ALCON: I have always been with "Disabled American Veterans (DAV)." A VA physician put into writing that "due to previous surgery on my neck" he was not granting service connectivity or compensation (neck injury occurred in Bosnia, all ER records and a Line of Duty report were given to the VA as support). I had never had any surgery on my neck in my lifetime. My DAV rep. was able to file the appeal and actually got me a full color video conference with a VA law Judge in Washington, DC. I didn't sanitize my response in telling him how untruthful that doctor had been and would go to any competent medical authority he assigns to confirm that. My case was remanded back to the VA with an order to 1) start over 2) make it service connected based on re-examination 3) pay me compensation back to day one. It goes without saying I was vindicated and the end result worthy of time and effort taken. This was one event in a lifetime, but a major one and the DAV came to bat with a big stick. Just FYI.

Response by SP5 Joel McDargh made Apr 27 at 2017 3:03 PM

2017-04-27T15:03:37-04:00

Went through all this BS only to be turned down for Mesothelioma. Had half a lung removed with a tumor size of a grapefruit back in 2000. Thankfully it was benign. Doc who operated said the tumor had to have been there at least 25 years to be so large. This would have put me in the military being exposed to AO and asbestos. Reckon I'm lucky to get the disability I have. Still a bit winded when I over do it. Thank you Uncle Sugar for the gifts that keep on killing. Still plan on living a long life just to piss certain people off.

Response by SSgt Harvey "Skip" Porter made Nov 21 at 2017 9:37 PM

2017-11-21T21:37:16-05:00

Did any of you read the article in stars and stripes in regards to a VA study shows parasites from Vietnam may be killing Veterans that served there.

I suggest anyone that served in country there read this.

https://www.cbsnews.com/news/parasite-from-vietnam-may-be-killing-vets/

Peace!

Slow-killing parasite from Vietnam may be killing veterans, VA study says

Test results show some men may have been infected while fighting in the jungles of Southeast Asia

Response by SSG Harry Herres made Oct 31 at 2021 11:03 PM

2021-10-31T23:03:27-04:00

Sorry the great VA lost my records 50+ years ago, they said my 214 means nothing, I have to find my record's. Ok how do I do it if they lost them? Well that tells me they care not. Thank you for my service but get bent. VA is there for themselves not those who served! Thank you not VA you failed

Response by SPC Michael Tierney made Jun 17 at 2022 7:57 AM

2022-06-17T07:57:13-04:00

I connected with a DAV liaison who knew what to do. He was great. This was in 1969 but my guess is they are still on site and eager to help.

Response by Carlos Barrera made Jan 13 at 2024 12:21 PM

2024-01-13T12:21:05-05:00

Todo Veterano tiene derecho a una compensación del Estado porque ha expuesto su vida por defender su nación y velar por su salud en todo sentido, debe ser obligación legal y moral de la Nación cuidar de sus hijos que han logrado salvar su vida en defenza de todos los ciudadanos, dentro o fuera del País atendiendo la razón de los "Políticos" que rigen y procuran el bienestar de los ciudadanos que integran la Unión en razón de que los vivos son más valiosos que los muertos porque prolongan la vida de la sociedad a la que han tenido que exponer sus vidas