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/
Military Industry
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DoD
Department of Veterans Affairs (VA)
Healthcare
Edited >1 y ago
Posted >1 y ago
Responses: 38
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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.
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.
Poverty Data - Poverty thresholds - U.S Census Bureau
The Census Bureau reports poverty data from several major household surveys and programs. The Annual Social and Economic Supplement (ASEC) to the Current Population Survey (CPS) is the source of official national poverty estimates.
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SFC Joe S. Davis Jr., MSM, DSL
SSG (Join to see) 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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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%.
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%.
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SFC Joe S. Davis Jr., MSM, DSL
CPO Ed Ball, thank you this information is tons of valuable wisdom and experience to educate our Veterans if seeking advice. Thanks for the post, it speaks volumes in respects to the claim process. Outstanding!
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SFC Joe S. Davis Jr., MSM, DSL
CPO Ed Ball 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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Type into Yahoo. Google veterans forum and read what thousands have written and what they have observed. vet.yuku.com is great. I went in alone and now have been waiting since Feb 2011. 8 of 10 disabilities denied. The main thing is to see a doctor and complain about the problems affecting you. Many Veteran like myself suffer in pain and just work and try to be Superman. My wife told me 20 years ago I snored heavily and I stopped breathing when sleeping. Did I see a doctor? No. I mean who goes to the doctor for snoring? Even Now I work with pain because the only good job I could find was away from home. The VSO asked me why I wasn't in therapy? I have to work and my job requires me to be away for months! also remember most of the disabilities will be denied the first time. NOD and Appeals will make them take a closer look!
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SFC Joe S. Davis Jr., MSM, DSL
PO1 Kenneth Cardwell well said and articulately conveyed. Great information thanks. Will use those sites!
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SSG David Dickson
#1 If you have not been seen for it during your career, you will have a difficult if not impossible time trying to claim it at the tail end of things.
#2 Have a Veteran's Grop like American Legion, VFW, or DAV comb through your medical records and find everything you've been seen for since basic.
#3 They will also be more than happy to file the claim in your behalf.
#4 If you are married and have had injuries that affect your quality of life, have your spouse prepare a supporting letter on how your injuires have impacted you and your family's life.
#5 Make sure you can support, by documentation, everything you claim.
#6 make sure you have a copy of your medical records. If you miss something, you can always file an amended claim.
#2 Have a Veteran's Grop like American Legion, VFW, or DAV comb through your medical records and find everything you've been seen for since basic.
#3 They will also be more than happy to file the claim in your behalf.
#4 If you are married and have had injuries that affect your quality of life, have your spouse prepare a supporting letter on how your injuires have impacted you and your family's life.
#5 Make sure you can support, by documentation, everything you claim.
#6 make sure you have a copy of your medical records. If you miss something, you can always file an amended claim.
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SFC Joe S. Davis Jr., MSM, DSL
MAJ Ken Landgren on point on target, fire for effect. This is marathon when going through the VA claim process. Patience is my secret weapon!
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Are you headed for a VA Compensation review? | RallyPoint
You might want to check out part 4 of 38 C.F.R. There you will find the weighing criteria for all levels of disability for all ailments to which compensation is awarded. Always nice to see what really matters in getting from one level to another. This link with get you to a site that will let you scan through this document relatively painlessly. http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5
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SFC Joe S. Davis Jr., MSM, DSL
SPC Jan Allbright, M.Sc., R.S. Thank you all the VETS can really use this....SWEET!
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SSgt Alex Robinson
Sgt Spencer Sikder you may or may not be correct but a good disability can guide you thru the process and help you get the application submitted and approved the first time.
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SSG Dwight Amey MSA, MSL, BS, AS
Sgt Spencer Sikder, I believe lawyers are expensive and should be a last result. It comes down to situational factors. Depending on the circumstances of the contentions, severity, difficulty providing proof, time and accessibility of collecting statements, past medical records, and many more. I would only use a lawyer as a last result. I understand not all VSO's are good help and ultimately we need to be as informed ourselves as best as could be.
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CPL Paul Hoffman
I have gone through this process, and as opposed to a lawyer, I recommend finding a representative like Disabled American Vets. Personally, I used Texas Veterans Commission, and had no issues with either the initial claim nor the appeals process. These groups are free, and once they have a LIMITED power of attorney, can and will fight for you.
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SFC Joe S. Davis Jr., MSM, DSL SFC document everything, send copies in by uploading them to https://www.ebenefits.va.gov, by snail mail, and/or by fax. Then everyday call [login to see] to see the status update and see if they received your documents.
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SFC Joe S. Davis Jr., MSM, DSL
SSG Keven Lahde well said and received brother...good copy. SWEET!
please share with all VETERANS. This is a premier site I got while stationed at Fort Hood, Texas.
http://www.militarydisabilitymadeeasy.com/
please share with all VETERANS. This is a premier site I got while stationed at Fort Hood, Texas.
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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Start as SOON as your aware 180 days out, even if you are planning on reenlisting. Start early!! Claim EVERYTHING. I mean claim your paper cuts everything. Be prepared to fight for your claim and for them to not believe you, even when you learned it reading your own record. Do that, read your record. A lot, love on it, know it.
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Sgt Jennifer Mohler
The conditions are chronic. The only reason I am not in ongoing care is 1. I can't afford it now and 2. I refused to go while in and suffer the emotional abuse of "providers" who refused to listen.
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SFC Joe S. Davis Jr., MSM, DSL
Sgt Jennifer Mohler, CPO Ed Ball, found a good site for all.
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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CPO Ed Ball
SFC Joe S. Davis, Jr., I like the website with one draw back, and that is the writing style. Meaning, there are several entries that begin on a negative note, then three or four paragraphs later they tell you what you need.
Most of my veterans would stop at the first paragraph and fail to read the remainder, thinking there is no hope. Other than that it may be a very valuable tool for those not knowing the VA/DOD Disability system. Thanks.
Most of my veterans would stop at the first paragraph and fail to read the remainder, thinking there is no hope. Other than that it may be a very valuable tool for those not knowing the VA/DOD Disability system. Thanks.
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When dealing with the VA there are certain things to take into consideration.
1. Be sure to make sure you get copies of your medical records from active duty and bring them to the release of information at the local VA. They will copy them into your file and will make it easier for doctors to connect injuries and illnesses.
2. Dont do it on your own. There are lawyers at the American Legion that will help you file your paperwork and appeals with the VA, they will be able to give you more information and word things in the right way.
3. When you go in for your appointment there are two things to keep in mind. 1. When the doctor ask you how you are doing don't say fine or good, let them know what the problems are. Don't talk about problems not related to the doctor you are seeing. If you are seeing GI don't talk about your headaches keep it to problems related to the specialist you are seeing. 2. Don't talk about money problems, the doctors will think you are just looking for a hand out, stick to the actual medical problems, what military events may have caused them, and how the problem has changed your life.
4. Back pay goes to the first date of filing or the date of the appeal was made. If you don't file right away you are only paid to the date the paperwork is filed. If you don't make an appeal when required you are starting a new appeal and are only back paid to the date of that appeal.
1. Be sure to make sure you get copies of your medical records from active duty and bring them to the release of information at the local VA. They will copy them into your file and will make it easier for doctors to connect injuries and illnesses.
2. Dont do it on your own. There are lawyers at the American Legion that will help you file your paperwork and appeals with the VA, they will be able to give you more information and word things in the right way.
3. When you go in for your appointment there are two things to keep in mind. 1. When the doctor ask you how you are doing don't say fine or good, let them know what the problems are. Don't talk about problems not related to the doctor you are seeing. If you are seeing GI don't talk about your headaches keep it to problems related to the specialist you are seeing. 2. Don't talk about money problems, the doctors will think you are just looking for a hand out, stick to the actual medical problems, what military events may have caused them, and how the problem has changed your life.
4. Back pay goes to the first date of filing or the date of the appeal was made. If you don't file right away you are only paid to the date the paperwork is filed. If you don't make an appeal when required you are starting a new appeal and are only back paid to the date of that appeal.
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CPO Ed Ball
SSG Rogers makes some very good points, but if I may clear up some confusion here. A claim filed within the first 12 months is back dated to the day after discharge as the effective date, that is when you became a veteran.
When filing a claim, you receive a denial from the VARO, you have 12 months to file a Notice of Disagreement requesting a Decision Review Officer de Nova review, which means it will be taken out of the hands of the individual that initially made the decision for the VA and give it to a DRO that will view every document in the Claims File to ensure it was properly handled. If there is sufficient evidence to overturn the decision you will be paid back to the original effective date when you filed and the VARO received your claim. "If" the DRO upholds the denial, file VA Form 9 and have the VARO file your appeal with the Board of Veterans Appeal. This action continues to uphold your original effective date of claim. File the VA Form 9 ASAP once you receive the denial and Supplemental Statement of the Claim. During the appeal process, be "Specific" tell the VA what issues you do not agree with and why. You may submit new and material evidence at any time to substantiate your claim. VA will consider documents provided by .mil and .gov websites if relevant. Your best friend will be the medical evidence that has a doctors medical opinion of either "more likely than not as a result of military service" or "Least likely than not as a result of military service." Especially for those claims that have insufficient medical evidence to warrant service connect as related to military service. Ensure the doctor documents the evidence he/she reviewed in order to make the medical opinion, i.e., DD-214, MOS/Rating job descriptions, military medical records, personnel evaluations, LOD assessments, applicable VAMC medical records, and any other documents that will assist them to inform the VA that the good doctor has reviewed the key documents in your claim. Without the review of applicable documents, even with a medical opinion, the claim may be denied for not taking into consideration "ALL" the evidence when making a decision. (They call it VA protocol)
Once the Board of Veterans Appeals make their decision final, they will give you an opportunity to provide a motion for reconsideration, but beyond that you may elect to file an appeal to the Federal Circuit courts. You do not have the opportunity to submit new and material evidence here, all this court will do is verify that the BVA has done their job in accordance with the current law.
If you elect to allow your denied claim expire after 12 months with no appeal action, then it is considered resolved. The VARO is then relinquished from having to take further action. Then it becomes your responsibility to find "New and Material Evidence" to reopen your original claim which will be assigned a new effective date based on the date the VARO receives the New and Material evidence they have never considered before. There may be several years go by before you find that much needed evidence, but do not fret, you can always reopen at a future date.
In 2010, Congress mandated the VA Secretary pull back claims that were originally denied for Ischemic Heart Disease, Parkinson's, and Leukemia Hairy Cell "B" claims due to presumptive exposure to Agent Orange in Vietnam. Those claims were adjudicated all the way back to their original effective date of claim when they first filed, as mandated and authorized by Congress. So when in doubt with a chronic disability, file!! Congress may change the law. Example? Those military members having served at the DMZ in South Korea, they may have been exposed to dioxin, a byproduct of the herbicide used on the DMZ. VA assigns dates for those assigned during specific time frames to be eligible others are being denied. But dioxin is insoluble to water, meaning their is dangerous levels still found in soil and possibly within the underground aquifer in the DMZ. How do you prove that? Google the Hatfield Group report. This Canadian report will show you soil, water, vegetation, and fish samples with dioxin around military installations since the Vietnam war. You will find that in the early 2000s soil samples were 365 times the global acceptable levels. Serve on the DMZ in Korea? Have a chronic disability? FILE! Even if the disability is not on the Agent Orange Presumptive list, i.e., colon cancer, pancreatic cancer, etc.. I have a veteran awarded $725K because Congress changed the law. Now Google USAID Remediation Efforts Vietnam. You will find the U.S. Government is in DaNang Vietnam today cleaning up dioxin at the end of the runway that was occupied by Ranch Hand personnel. Plus they will clean the lake, fish, and aquatic vegetation found in the lake, all at the end of the runway. Once they are finished in DaNang they will be moving to other U.S. Military installations during the Vietnam War that are deemed hotspots for Agent Orange.
When filing a claim, you receive a denial from the VARO, you have 12 months to file a Notice of Disagreement requesting a Decision Review Officer de Nova review, which means it will be taken out of the hands of the individual that initially made the decision for the VA and give it to a DRO that will view every document in the Claims File to ensure it was properly handled. If there is sufficient evidence to overturn the decision you will be paid back to the original effective date when you filed and the VARO received your claim. "If" the DRO upholds the denial, file VA Form 9 and have the VARO file your appeal with the Board of Veterans Appeal. This action continues to uphold your original effective date of claim. File the VA Form 9 ASAP once you receive the denial and Supplemental Statement of the Claim. During the appeal process, be "Specific" tell the VA what issues you do not agree with and why. You may submit new and material evidence at any time to substantiate your claim. VA will consider documents provided by .mil and .gov websites if relevant. Your best friend will be the medical evidence that has a doctors medical opinion of either "more likely than not as a result of military service" or "Least likely than not as a result of military service." Especially for those claims that have insufficient medical evidence to warrant service connect as related to military service. Ensure the doctor documents the evidence he/she reviewed in order to make the medical opinion, i.e., DD-214, MOS/Rating job descriptions, military medical records, personnel evaluations, LOD assessments, applicable VAMC medical records, and any other documents that will assist them to inform the VA that the good doctor has reviewed the key documents in your claim. Without the review of applicable documents, even with a medical opinion, the claim may be denied for not taking into consideration "ALL" the evidence when making a decision. (They call it VA protocol)
Once the Board of Veterans Appeals make their decision final, they will give you an opportunity to provide a motion for reconsideration, but beyond that you may elect to file an appeal to the Federal Circuit courts. You do not have the opportunity to submit new and material evidence here, all this court will do is verify that the BVA has done their job in accordance with the current law.
If you elect to allow your denied claim expire after 12 months with no appeal action, then it is considered resolved. The VARO is then relinquished from having to take further action. Then it becomes your responsibility to find "New and Material Evidence" to reopen your original claim which will be assigned a new effective date based on the date the VARO receives the New and Material evidence they have never considered before. There may be several years go by before you find that much needed evidence, but do not fret, you can always reopen at a future date.
In 2010, Congress mandated the VA Secretary pull back claims that were originally denied for Ischemic Heart Disease, Parkinson's, and Leukemia Hairy Cell "B" claims due to presumptive exposure to Agent Orange in Vietnam. Those claims were adjudicated all the way back to their original effective date of claim when they first filed, as mandated and authorized by Congress. So when in doubt with a chronic disability, file!! Congress may change the law. Example? Those military members having served at the DMZ in South Korea, they may have been exposed to dioxin, a byproduct of the herbicide used on the DMZ. VA assigns dates for those assigned during specific time frames to be eligible others are being denied. But dioxin is insoluble to water, meaning their is dangerous levels still found in soil and possibly within the underground aquifer in the DMZ. How do you prove that? Google the Hatfield Group report. This Canadian report will show you soil, water, vegetation, and fish samples with dioxin around military installations since the Vietnam war. You will find that in the early 2000s soil samples were 365 times the global acceptable levels. Serve on the DMZ in Korea? Have a chronic disability? FILE! Even if the disability is not on the Agent Orange Presumptive list, i.e., colon cancer, pancreatic cancer, etc.. I have a veteran awarded $725K because Congress changed the law. Now Google USAID Remediation Efforts Vietnam. You will find the U.S. Government is in DaNang Vietnam today cleaning up dioxin at the end of the runway that was occupied by Ranch Hand personnel. Plus they will clean the lake, fish, and aquatic vegetation found in the lake, all at the end of the runway. Once they are finished in DaNang they will be moving to other U.S. Military installations during the Vietnam War that are deemed hotspots for Agent Orange.
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SFC Joe S. Davis Jr., MSM, DSL
SSG Dave Rogers 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 Dave Rogers
Thanks for sharing, while the DAV can help to a point, I have found that the American Legion is better at this, they have offices in areas that have lawyers who work to get their benefits and it is at no cost to the veteran. Also you don't have to worry about doing the paperwork they do it all for you.
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Read read and read more for at least a month. Read veteran forum like Yuku where there are thousands of ideas and suggestions. Get a full copy of your medical record. Keep the originals of everything u send and always always send everything certified! The VA I not your friend. they write down anything you say. Example, Doctor "How are you?" Most vets reply. "Not too bad. or I'm feeling ok today." Doctor. Veteran says he feel ok or feels fine.
Treat the VA like you would treat an opposing team in battle. Even if DAV, VFW etc says they will send in stuff, you should also send it in certified as many veteran will tell you, "They said they sent it, but the VA has no record of them sending it. Especially NOD's which u have to respond in one year!
14 years ago I was oversea and sent them my disabilities. now 6 year since 2011 and this time everything certified and denied compensation and re-opened when I show them files from my medical record. Files that they also have!
Treat the VA like you would treat an opposing team in battle. Even if DAV, VFW etc says they will send in stuff, you should also send it in certified as many veteran will tell you, "They said they sent it, but the VA has no record of them sending it. Especially NOD's which u have to respond in one year!
14 years ago I was oversea and sent them my disabilities. now 6 year since 2011 and this time everything certified and denied compensation and re-opened when I show them files from my medical record. Files that they also have!
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