What Advice Would You Give To A Veteran Making A Veterans Affairs Disability Claim?

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.

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.

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!!

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.

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.

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...

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

Lock and load, get ready for a fight!

Some of you may have registered for the open pit registry, but what you may not know is there is environmental registry. This could apply to those of you who were at Ft McClellan, Camp Lejune, I am sure you've seen that in the media. Registering for the environmental leads to an appointment to draw labs to make a determination of any toxicity levels in your blood/tissues from exposure to an environmental hazard. If something was found, its supposed to initiate a treatment plan.

Also, there is the Caregiver program, which has three tier levels of assistance that could be beneficial to you and your family.
http://www.va.gov/healthbenefits/resources/Caregiver_Eligibility_Check.asp
http://www.caregiver.va.gov/

Applying for SSD(Social Security Disability) has another set of criteria to be met unlike the VA requirements. The average disability benefit can range from $300 and $2,200. The average SSDI payment in 2015 is $1,165. The maximum disability benefit in 2015 is $2,663.

VA individual unemployability eligibility, a Veteran must be unable to maintain substantially gainful employment as a result of his/her service connected disabilities. Additionally, a Veteran must have:
One service-connected disability ratable at 60 percent or more, OR
Two or more service-connected disabilities, at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.

Veterans who are in receipt of Individual Unemployability benefits may work as long as it is not
considered substantially gainful employment. The employment must be considered marginal
employment. Marginal employment is generally deemed to exist when a Veteran's earned income does not exceed the amount established by the U.S. Census Bureau as the poverty level for the Veteran only. For more information on the U.S. Census Bureau's poverty thresholds, see http://www.census.gov/hhes/www/poverty/data/threshld/index.html

Most importantly, get yourself a Veteran Services Officer, and shop around. If you don't feel comfortable, there's nothing saying you have to take that person. All VSO's must be certified by the VA and re-certified every 2 years I think. Lawyers who claim they can help you with your claim must also be certified by the VA.

When VA receives a VA Form 21-22a from an unaccredited attorney, it will contact the claimant and advise him or her that VA will not recognize the unaccredited attorney as the representative of record until he or she is accredited. VA will advise the claimant that he or she may (1) seek other representation, or (2) proceed without representation until the attorney is accredited.

If an attorney’s practice consists solely of advising clients that they might be eligible for benefits and referring them to a recognized service organization or accredited agent or attorney, the attorney need not to be accredited.

BLUF: You earned these VA benefits because of your service, with respect to Social Security Disability, you are eligible to apply just like any other person. I hear many of my colleagues "oh, others are worse than me" and my favorite "I don't want to lessen someone else's benefit amount", that is absolute horse hockey. You don't lessen anyone's benefit amount.
Here's the thing if you don't document and make a claim, later on when your ankle starts really bothering you, from jumping off the HUMVEE with your M60, VA is going to look at that and go "hmm, not covered", I'm exaggerating but you get the point. Simple truth is we are all going to get arthritic, joints are going to swell, and we're not getting any younger. As others have expressed, document, document, document. Have your ducks in a row. Get originals, copies and never give anyone your only copy of records.

There are those that will game the system, don't worry their time will come. I was at the VA today, heard about a Veteran that tried to game the travel pay. Someone caught him coming out of his motorhome that was parked near the VA and reported it. Turns out he'd been doing this for awhile, claiming he was going home every night and having to drive back in the morning. Just like the VA is looking at those PTSD claims of those "got yelled at by their drill instructor" and never made it passed their basic or advanced training and are garnering compensation of 'PTSD' for the 'emotional roller-coaster ride at the hands of evil drill instructors'. Trust me I met one of those individual already, what is the world coming to.

If you are still on active duty, and going through a med board, they may offer you a severance check amount, DO NOT ACCEPT! Once you cash the government check, you will eventually file a claim with the VA, then the government will want their money back (severance) if you are award VA disability.

I know its tempting, but once you buy that new vehicle, or use it as a down payment elsewhere, you my be rated 30% or greater only to find the VA will take any surplus disability other than awarded by the military during separation and use it to pay back your severance for months, years, or a decade even. (i.e., Military authorizes temporary retirement due to disability rated at 20% - you file the claim with the VA and they find your current condition as well as secondary conditions not rated by the military and give you a combined rating of say 50%. You will draw 20% per month from the military while the VA will use the other 30% to pay back your severance pay.)

Trust me, you would rather have the full 50% check each month rather than the 20%.