Posted on Jan 20, 2015
What Advice Would You Give To A Veteran Making A Veterans Affairs Disability Claim?
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As I left Active Duty, I thought If its any advice I could share with submitting your Veterans Affairs Disability Claim. Each persons is unique, but similar in the process as stated on your E-Benefits account. To the members on Active duty, please use your last two years wisely, as to get everything medically documented. It will save you a lot of time, with the VA. I have found MRIs/X-Ray/CAT Scans help out tremendously. Be proactive and note its your claim and it could result in many benefits, more importantly health care for you and your family.
1. If you are still on active duty and thinking about getting out and filing a claim, go through the Benefit Delivery At Discharge or BDD program at your installation. To qualify you must have between 60 and 180 days left on active duty. We will take your claim and get you examined before you go home. Normally, decisions are available about two months after you separate or retire.
2. If you are still on active duty but have less than 60 days to go, you can still file a “Quick Start” claim. Quick Start claims are processed at dedicated facilities so decisions are quicker for most Veterans.
3. If you are out of service for less than a year, think you might have a claim, but are unsure if you want to “go through the hassle” apply. The evidence is fresher and cleaner, there are unlikely to be what we refer to as “inter-current injuries” (i.e. you back hurts a little but when you get out you get a job as a long hall truck driver or a construction working and don’t file a claim for years. In such cases even if there is some documentation of “something in service” without evidence of treatment for the condition within the first year, service connection is less certain).
4. If you’re concerned that it might not be appropriate to take money for a condition because “I’m fine, was just doing my duty and I have a job”–there are a lot of people who feel that way–consider this. I think you should file your claim. If granted you can always decline to receive the money. If, at a later date, your condition worsens or you age and it interferes with our work, or you decide you want compensation after all you can always contact us. That way we will examine you and determine your current level of disability. We won’t be trying to determine whether you warrant service connection in the first place.
5. If you have been out of the service longer but still think you have a condition related to your service apply! There is no filing time limit. It just might be a little more complex and take a little longer because of the need to develop more records.
6. Our goal is to complete all claims within 125 days or four months by 2015 with 95 percent accuracy. Right now more than 30 percent of our claims have been pending longer than that. Some claims, such as those involving participation in nuclear tests, covert operations, military sexual trauma or other similar circumstances where records may be difficult to locate can and frequently do take longer, sometimes much longer.
7. To meet the challenge of a rapidly growing claims volume, VA has been provided with significant numbers of new staff in the last couple of years. Their jobs are complex and it takes a while to become fully qualified so if you think we made a mistake, ask you may be right. As I said earlier, one of our goals is to get our quality level to 95 percent by 2015. Currently our quality level is 84 percent. While a significant portion our quality problems reflect process errors rather than errors in the final decision with respect to the granting or denying of benefits, rates paid and effective dates of payment, we do make mistakes.
http://www.blogs.va.gov/VAntage/1089/some-tips-for-filing-a-va-disability-claim/
http://vets.yuku.com/topic/37612#.VL7yx885DIU
http://www.militarydisabilitymadeeasy.com/
1. If you are still on active duty and thinking about getting out and filing a claim, go through the Benefit Delivery At Discharge or BDD program at your installation. To qualify you must have between 60 and 180 days left on active duty. We will take your claim and get you examined before you go home. Normally, decisions are available about two months after you separate or retire.
2. If you are still on active duty but have less than 60 days to go, you can still file a “Quick Start” claim. Quick Start claims are processed at dedicated facilities so decisions are quicker for most Veterans.
3. If you are out of service for less than a year, think you might have a claim, but are unsure if you want to “go through the hassle” apply. The evidence is fresher and cleaner, there are unlikely to be what we refer to as “inter-current injuries” (i.e. you back hurts a little but when you get out you get a job as a long hall truck driver or a construction working and don’t file a claim for years. In such cases even if there is some documentation of “something in service” without evidence of treatment for the condition within the first year, service connection is less certain).
4. If you’re concerned that it might not be appropriate to take money for a condition because “I’m fine, was just doing my duty and I have a job”–there are a lot of people who feel that way–consider this. I think you should file your claim. If granted you can always decline to receive the money. If, at a later date, your condition worsens or you age and it interferes with our work, or you decide you want compensation after all you can always contact us. That way we will examine you and determine your current level of disability. We won’t be trying to determine whether you warrant service connection in the first place.
5. If you have been out of the service longer but still think you have a condition related to your service apply! There is no filing time limit. It just might be a little more complex and take a little longer because of the need to develop more records.
6. Our goal is to complete all claims within 125 days or four months by 2015 with 95 percent accuracy. Right now more than 30 percent of our claims have been pending longer than that. Some claims, such as those involving participation in nuclear tests, covert operations, military sexual trauma or other similar circumstances where records may be difficult to locate can and frequently do take longer, sometimes much longer.
7. To meet the challenge of a rapidly growing claims volume, VA has been provided with significant numbers of new staff in the last couple of years. Their jobs are complex and it takes a while to become fully qualified so if you think we made a mistake, ask you may be right. As I said earlier, one of our goals is to get our quality level to 95 percent by 2015. Currently our quality level is 84 percent. While a significant portion our quality problems reflect process errors rather than errors in the final decision with respect to the granting or denying of benefits, rates paid and effective dates of payment, we do make mistakes.
http://www.blogs.va.gov/VAntage/1089/some-tips-for-filing-a-va-disability-claim/
http://vets.yuku.com/topic/37612#.VL7yx885DIU
http://www.militarydisabilitymadeeasy.com/
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Department of Veterans Affairs (VA)
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Edited >1 y ago
Posted >1 y ago
Responses: 38
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I will also add when you get your decision and you have a 0% rating on a specific issue, do not get pissed. A 0% rating is still a rating that can be reclaimed later when the issue gets worse.
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SSG Dwight Amey MSA, MSL, BS, AS
MSgt Rob Weston, in addition to your good advice the zero rating also serves as a justification of receiving free care and medications directly related to the zero rating.
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SFC Joe S. Davis Jr., good question. I have been taking a lot of calls here at the Help Desk (myhealthevet, ebenefits tech support) of a lot of newly separated Air Force veterans not getting their dd214's as part of their out processing packets (to no fault of their own one yesterday who did not have his signature digital or otherwise.). What they don't realize is that the dpris feature retrieves their dd214 on ebenefits not "ebenefits". More clarity needs to be stressed at out processing briefings. The micro fish is not updated immediately following separation from service.
The best advice I can give a veteran already off active duty is to get a VSO and stay away from lawyers. When you get your award they get a piece of your money. Don't know about you but why? VSO's are free.
The best advice I can give a veteran already off active duty is to get a VSO and stay away from lawyers. When you get your award they get a piece of your money. Don't know about you but why? VSO's are free.
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SFC Joe S. Davis Jr., MSM, DSL
SSG Dwight Amey MSA, MSL, BS, AS please share with all VETERANS. This is a premier site I got while stationed at Fort Hood, Texas.
http://www.militarydisabilitymadeeasy.com/
http://www.militarydisabilitymadeeasy.com/
Military Disability | VA Disability | Info for Disabled American Veterans
Disabled American Veterans: this is the one-stop shop for all your Military Disability and VA Disability needs.
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SSG Dwight Amey MSA, MSL, BS, AS
SFC Joe S. Davis Jr., MSM, DSL, thanks for the website and information. I will pass this along when talking with service members when they call asking about passwords. In fact, last week I talked with two who were contemplating waiting to secure their physicals until after their terminal leave.
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SPC Lloyd Putman III
SSG Amey, thank you for putting this statement out there. There are so many lawyers now trying to advertise that they handle claims, the thing is, they get 10%. That is 10% of any and all financial benefits. That's the contract you have sign with them. The VSOs are free, and typically take less time than a lawyer.
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SPC Robert Dott
From Bob D. 173rd. That was my comment about getting a lawyer. Lawyers get whatever percent you negotiate of your initial check. They don't get 10% of all your financial benefits (monthly disability payments). It is against the federal law for "anyone to charge a fee for filing a claim for disability." Like I said, with the VA administration building not up and running here in Philadelphia, PA try getting a service officer to assist with filing a claim. It's really tough right now. I'm not advocating for lawyers. Don't take it for granted that all service officers are kicking ass everyday when working on claims. There are plenty of goldbrickers to go around.
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When filing a claim, make sure you're claim is talking about YOU and what the effects are. Read every question carefully. When answering, feel very descriptive. I'm not saying stretching the truth, but make sure you get all the details on the table, no matter how small. REMEMBER - This claim is about you and how what happened effects you!!! Once you've answered a section, set it down for a while. Come back reread it, checking for "is it the meaning I really meant?", check for spelling and correct grammar. I can't express this enough. Many times when writing things down, we think one thing and write another. Putting it down, come back later and reread it.
If possible while on duty, keep a copy of your medical file. I can't express this enough! It is possible, I did and glad I had the facts when I started working on my claim. Make sure you get things listed in order and have the documents to back it up. So many of us have talked so much about keeping records at home, now is where many of those records will come into play. Remember you got to prove the point, make it slap them in the face when they (VA) read it.
Once you get your claim together get someone else to review it. Contact the VFW, AL, there are people out there who work on this subject as volunteers. They are there to help you, use them.
Don't worry about getting the claim in tomorrow, but get it right the first time, even if it is the day after tomorrow. Once your claim is completed, make a digital copy and secure it so you have it.
I am a Retired Army Reservists, living in Denmark. I got my claim together myself, but had a person reread it as I was working on it. The person would make suggestions on how I should phrase things. I'm going to tell you - THE WRITE UP IS IMPORTANT!!!! You're better to take the time and get it right the first time!!
If possible while on duty, keep a copy of your medical file. I can't express this enough! It is possible, I did and glad I had the facts when I started working on my claim. Make sure you get things listed in order and have the documents to back it up. So many of us have talked so much about keeping records at home, now is where many of those records will come into play. Remember you got to prove the point, make it slap them in the face when they (VA) read it.
Once you get your claim together get someone else to review it. Contact the VFW, AL, there are people out there who work on this subject as volunteers. They are there to help you, use them.
Don't worry about getting the claim in tomorrow, but get it right the first time, even if it is the day after tomorrow. Once your claim is completed, make a digital copy and secure it so you have it.
I am a Retired Army Reservists, living in Denmark. I got my claim together myself, but had a person reread it as I was working on it. The person would make suggestions on how I should phrase things. I'm going to tell you - THE WRITE UP IS IMPORTANT!!!! You're better to take the time and get it right the first time!!
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CPO Ed Ball
If you are referring to PTSD/TBI this is absolutely true. Most other disabilities can be properly adjudicated with proper medical evidence. Ensure doctors document in their progress notes the items that are most important, i.e., my knee locks up 4 or 5 times a week. If you are using the VAMC or CBOC go to Release of Information (ROI) office and obtain a copy of your medical records to ensure the information is in the records, if not, make another appointment and ensure it's included. Have problems, see your Patient Advocate.
For PTSD, VA released stringent requirements for a stressor, but submit the stressor anyway with factual information dates, service members involved, unit(s) involved, casualty reports, etc... Were there newspaper articles? Stars and Stripes wrote articles on Commanding Officers assigned to specific units during OIF/OEF. I once wrote a 1 1/2 page Chronological chain of events for a unit during OIF deployment that substantiate a 1st SGT assassinating an unarmed insurgent in custody, cache weapons finds, IED explosions, Mortar fire, sniper attacks, mass casualties in local markets the unit was patrolling, assassinated police officials by insurgents, etc... needless to say the veteran had blacked out a significant amount of information that eventually got him to 70% disabled that allowed him to file for Individual Unemployability due to lack of "gainful employment". Plus we were able to get his CIB and PH annotated on his DD-214 after the fact through Board of Corrections with the Army.
For PTSD, VA released stringent requirements for a stressor, but submit the stressor anyway with factual information dates, service members involved, unit(s) involved, casualty reports, etc... Were there newspaper articles? Stars and Stripes wrote articles on Commanding Officers assigned to specific units during OIF/OEF. I once wrote a 1 1/2 page Chronological chain of events for a unit during OIF deployment that substantiate a 1st SGT assassinating an unarmed insurgent in custody, cache weapons finds, IED explosions, Mortar fire, sniper attacks, mass casualties in local markets the unit was patrolling, assassinated police officials by insurgents, etc... needless to say the veteran had blacked out a significant amount of information that eventually got him to 70% disabled that allowed him to file for Individual Unemployability due to lack of "gainful employment". Plus we were able to get his CIB and PH annotated on his DD-214 after the fact through Board of Corrections with the Army.
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SFC Joe S. Davis Jr., MSM, DSL
SGM Mikel Dawson please share with all VETERANS. This is a premier site I got while stationed at Fort Hood, Texas.
http://www.militarydisabilitymadeeasy.com/
http://www.militarydisabilitymadeeasy.com/
Military Disability | VA Disability | Info for Disabled American Veterans
Disabled American Veterans: this is the one-stop shop for all your Military Disability and VA Disability needs.
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Like many others here, go with a VSO. They are available, congressional my mandated, and free to use. Don't only think about traditional locations such as the VFW or AMerican Legion, many states have veteran organizations who have VSOs. I went with the Texas Veterans Commision and had no issues.
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SFC Joe S. Davis Jr., MSM, DSL
MSgt Rob Weston please share with all VETERANS. This is a premier site I got while stationed at Fort Hood, Texas.
http://www.militarydisabilitymadeeasy.com/
http://www.militarydisabilitymadeeasy.com/
Military Disability | VA Disability | Info for Disabled American Veterans
Disabled American Veterans: this is the one-stop shop for all your Military Disability and VA Disability needs.
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Do not go it alone. You've faced some of the most intense challenges that life can throw at you. You did it with a team, with Brothers and Sisters in Arms all around you. You do not have to do this next step without them. Find and use a service organization representative. Results may vary and you need to find one who is the right fit for you. I fully intended to slip away in the dark of the night, and then a very wise retired senior NCO pulled me aside and talked some sense into me. Good thing someone smarter than me was looking out for me.
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Suspended Profile
On top of what @ hunter said, don't hold anything back, no matter how minor.
In addition, I recommend filing through a VSO such as DAV rather than with VA directly. Much more accountability that way...
In addition, I recommend filing through a VSO such as DAV rather than with VA directly. Much more accountability that way...
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The process might wear you down. Keep your chin up and continue to pursue what you think you deserve. Don't give up.
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LCpl Sam Brake
First of all, you need to know what benefits you are eligible to receive. Many of us don't realize that the medical/psychological issues that we deal with every day are a direct result of the traumatic events we experienced during our tour of duty. Ask a veteran who has been through the process so you are well informed.
Once you file the claim, be patient!! The process is brutal. You will want to quit on numerous occasions. The VA is a complete mess!! If you are lucky your claim will be processed in 9-12 months. As Maj. Landgren said, DON'T GIVE UP!!
Once you file the claim, be patient!! The process is brutal. You will want to quit on numerous occasions. The VA is a complete mess!! If you are lucky your claim will be processed in 9-12 months. As Maj. Landgren said, DON'T GIVE UP!!
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MAJ Ken Landgren
I kind of feel bad that my process went smoothly.
The problem is the Peblo knows very little about the VA. Once you are done with the military compensation, you are passed to the VA where the Case Manager knows very little about the VA procedures, and sometimes the VA is not forthcoming on compensation like Care Giver funds. For those fighting the system, confer with a real expert and fight the good fight.
The problem is the Peblo knows very little about the VA. Once you are done with the military compensation, you are passed to the VA where the Case Manager knows very little about the VA procedures, and sometimes the VA is not forthcoming on compensation like Care Giver funds. For those fighting the system, confer with a real expert and fight the good fight.
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SFC Joe S. Davis Jr., MSM, DSL
MAJ Ken Landgren powerful words to be encouraged by. Thanks for ALL THE ADVICE for this SUBJECT!
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Filing a claim for compensation requires the filing of VA forms 21-526EZ (the claim) and a 21-4138 (the narrative). The narrative is the substantiation of the claim. The National Personal Records Center is the place to start for the records search. The NPRC website has an electronic filing portal, but you will have to fax your signature to complete the request. This can be done using a free fax server that allows you to do this electronically. Your basic document it the SF-180 (Request for Military Records). Looking at Section 2-1 (Information / Documents Requested) check the box "All Documents in Official Military Personnel File (OMPF)" and "Medical Records". Note that the "Medical Records" requires the locations. So you may have to do one pass to get your Form-20 which will show all your hospital assignments, and then file another SF-180 for the medical records portion.
Lastly, hook up with a VSO. Studies have found that having a VSO in your corner increases you chances of a disability significantly!
http://www.archives.gov/st-louis/military-personnel/about-ompfs.html
Lastly, hook up with a VSO. Studies have found that having a VSO in your corner increases you chances of a disability significantly!
http://www.archives.gov/st-louis/military-personnel/about-ompfs.html
Official Military Personnel Files (OMPF), Non-Archival Holdings
Information about non-archival Official Military Personnel Files (OMPFs) held by the National Archives in St. Louis, Missouri
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1. Appeal your military and VA rating ASAP.
2. If you have a VA rating ask about the Caregiver program.
3. If you are considered unemployable apply for SSDI ASAP as AC is given the fast track. Also ask about the fund for the children.
4. This can be a long and timely process, don't quit, keep making progress.
2. If you have a VA rating ask about the Caregiver program.
3. If you are considered unemployable apply for SSDI ASAP as AC is given the fast track. Also ask about the fund for the children.
4. This can be a long and timely process, don't quit, keep making progress.
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SGT Rick Ash
I have two letters. One from my PCP and one from my oncologist. I fought pancreatic cancer for 11 years with monthly CT-scans and oral painkillers (1200MG morphine daily, 60MG Hydrocodone for breakthrough pain and a 100MCH Fentanyl patch that I changed out every 3 days) Both letters declare me as 100% disabled.
SS granted me SSDI within 2 months. But the VA never cared about that. Two rejected claims and 1 rejected appeal so I am now completing my NOD (Notice of Disagreement) which I am sure they will deny. Denial is their game plan, hoping that you will give up or die. I had the big Whipple Procedure in April 2004 where they removed half of my pancreas (the head) which made me an instant diabetic and after 6 months of 24/7 chemo I have 100% neuropathy in both hands and both feet. I believe the only way I can walk at all is memory muscle. The surgeon also removed a tumor from the nerve going into my T3 disc and the sheath came off the nerve along with that tumor so now I have a raw nerve that grates on the T3 disc. The oral meds in the aforementioned amounts would have damaged my brain, heart and bones after 10 years so I have a pain pump, installed in 9/2012.
I wish the VA would send me for an exam, most docs want to throw up in their trashcans when they first see my abdomen and the scars from 7 surgeries.
SS granted me SSDI within 2 months. But the VA never cared about that. Two rejected claims and 1 rejected appeal so I am now completing my NOD (Notice of Disagreement) which I am sure they will deny. Denial is their game plan, hoping that you will give up or die. I had the big Whipple Procedure in April 2004 where they removed half of my pancreas (the head) which made me an instant diabetic and after 6 months of 24/7 chemo I have 100% neuropathy in both hands and both feet. I believe the only way I can walk at all is memory muscle. The surgeon also removed a tumor from the nerve going into my T3 disc and the sheath came off the nerve along with that tumor so now I have a raw nerve that grates on the T3 disc. The oral meds in the aforementioned amounts would have damaged my brain, heart and bones after 10 years so I have a pain pump, installed in 9/2012.
I wish the VA would send me for an exam, most docs want to throw up in their trashcans when they first see my abdomen and the scars from 7 surgeries.
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SFC Joe S. Davis Jr., MSM, DSL
MAJ Ken Landgren please share with all VETERANS. This is a premier site I got while stationed at Fort Hood, Texas.
http://www.militarydisabilitymadeeasy.com/
http://www.militarydisabilitymadeeasy.com/
Military Disability | VA Disability | Info for Disabled American Veterans
Disabled American Veterans: this is the one-stop shop for all your Military Disability and VA Disability needs.
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MAJ Ken Landgren
SFC Joe S. Davis Jr., MSM, DSL - For those who are on AD and are considered unemployable, Social Security will accept applications while you are in service and the turnaround time is about 2 months.
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SFC Joe S. Davis Jr., MSM, DSL
SFC William Farrell please share any mistakes cordially. I will look into the vets.yuku.com
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SFC William Farrell
SFC Joe S. Davis Jr., MSM, DSL there was something in there about timelines on filing after discharge from service that i found to be incorrect but now that I have to go back to look for it, I cant find it. Ill continue to look for it tonight or tomorrow.. Also the other thing i was concerned about is these two guys running the site while providing useful information are looking for donations. The vets.yuku.com does not solicit donations.
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SFC Joe S. Davis Jr., MSM, DSL
SFC William Farrell great observation and situation awareness. Appreciated.
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