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Filing a claim for benefits with the Department of Veterans Affairs (VA) is actually quite simple. It is what comes after you file that can cause much headache, heartburn and consternation for the veteran and/or their family members.
One of the things you must know out the gate is that the VA is obliged under law to assist you in obtaining all pertinent information regarding your claim. The VA can assist in obtaining your medical and service records. It is its job to do so. That’s the good news. Unfortunately, due to the requirements of the service member’s job (MOS/AFSC) those records may not always be readily available. This is especially so if your duties involves Special Operations units. Those records many times are classified and extra hoops must be jumped to get access. This also applies to medical records. It is not impossible but it can be more difficult. If you are/were a special operator, you need to be aware of this up front. That is one of the more difficult aspects of getting through the VA claims process.
Most of the time, navigating the VA is not that difficult but it is time consuming. Even the simplest of claims can take several months. More difficult cases have taken years. That is sad because in the interim, the veteran and his family may suffer from continuing issues, financial strains & stresses that can compound matters leading to other more serious problems. You, the Veteran, needs to educate yourself and have as much info as possible before you begin. If the VA needs more information, it will ask you for it.
The first thing you can do if you are in the military now and something I suggest to everyone considering the military for either a one or two term enlistment or a career, keep a copy of every, EVERY piece of paper that you get that has your name on it. Whether you file those papers away in a hard file or scan them into a computer, KEEP IT ALL! You never know when it might come in handy or necessary. On a personal note, keeping my very first passport helped me prevail on a claim as it proved I was boots on the ground in Vietnam.
The VA started out as a very honorable venture. "To care for him who shall have borne the battle and for his widow and his orphan" (Abraham Lincoln).
Since that time the VA has blossomed and ballooned into one of the largest (and most bureaucratic) organizations dedicated to veterans in the world. In spite of its size and capabilities it does not know everything about you, your health, the bases or posts you were assigned to or the things done at those installations.
The military is usually pretty good at keeping records and even better at keeping things secret. That does not mean things cannot be found out and uncovered. A common phrase I hear is, deny, deny, deny until we all die. This is where your tenacity comes into effect. You must keep fighting for your due. You must keep fighting; keep looking for that one missing piece of data that will win your award. As long as you respond within the timeframes given by the VA, your clock on that claim keeps running. The old adage, the sooner, the better, is a rule to live by. You have absolutely nothing to lose by filing a claim for disability benefits. Every day you wait is a day missed that you could possibly be compensated and cared for by the VA. You have to prove your case to the VA but they also must help you.
You do not have to bear this battle alone. In addition to the VA and your own personal records and knowledge there are other resources available to help you. All of the fraternal service organizations, the VFW, American Legion, DAV, AMVETS, VVA, etc. all have service officers to help you with your claims. You also DO NOT NEED TO BE A MEMBER of any particular organization to use its service officer. Most counties and parishes across the US have service officers that do nothing but assist veterans. In addition to these resources there are Accredited Attorneys and Accredited Claims Agents who also assist veterans in the claims process. Filing a claim costs you nothing…nothing but your time to do the paperwork. I also recommend you look for a service officer, attorney or claims agent in the same manner you would buy a car. Find someone with whom you feel comfortable. Then proceed from there. If at any time you lose confidence in that person, look for another. It costs you nothing to change your representative in filing a claim.
James “Jim” Gilmore is a 100% rated Disabled Veteran from the Vietnam War. He is a VA Accredited Claims Agent. Jim lives in Thailand with his wife Lisa and helps serve the US Veterans residing in Thailand and surrounding countries.
One of the things you must know out the gate is that the VA is obliged under law to assist you in obtaining all pertinent information regarding your claim. The VA can assist in obtaining your medical and service records. It is its job to do so. That’s the good news. Unfortunately, due to the requirements of the service member’s job (MOS/AFSC) those records may not always be readily available. This is especially so if your duties involves Special Operations units. Those records many times are classified and extra hoops must be jumped to get access. This also applies to medical records. It is not impossible but it can be more difficult. If you are/were a special operator, you need to be aware of this up front. That is one of the more difficult aspects of getting through the VA claims process.
Most of the time, navigating the VA is not that difficult but it is time consuming. Even the simplest of claims can take several months. More difficult cases have taken years. That is sad because in the interim, the veteran and his family may suffer from continuing issues, financial strains & stresses that can compound matters leading to other more serious problems. You, the Veteran, needs to educate yourself and have as much info as possible before you begin. If the VA needs more information, it will ask you for it.
The first thing you can do if you are in the military now and something I suggest to everyone considering the military for either a one or two term enlistment or a career, keep a copy of every, EVERY piece of paper that you get that has your name on it. Whether you file those papers away in a hard file or scan them into a computer, KEEP IT ALL! You never know when it might come in handy or necessary. On a personal note, keeping my very first passport helped me prevail on a claim as it proved I was boots on the ground in Vietnam.
The VA started out as a very honorable venture. "To care for him who shall have borne the battle and for his widow and his orphan" (Abraham Lincoln).
Since that time the VA has blossomed and ballooned into one of the largest (and most bureaucratic) organizations dedicated to veterans in the world. In spite of its size and capabilities it does not know everything about you, your health, the bases or posts you were assigned to or the things done at those installations.
The military is usually pretty good at keeping records and even better at keeping things secret. That does not mean things cannot be found out and uncovered. A common phrase I hear is, deny, deny, deny until we all die. This is where your tenacity comes into effect. You must keep fighting for your due. You must keep fighting; keep looking for that one missing piece of data that will win your award. As long as you respond within the timeframes given by the VA, your clock on that claim keeps running. The old adage, the sooner, the better, is a rule to live by. You have absolutely nothing to lose by filing a claim for disability benefits. Every day you wait is a day missed that you could possibly be compensated and cared for by the VA. You have to prove your case to the VA but they also must help you.
You do not have to bear this battle alone. In addition to the VA and your own personal records and knowledge there are other resources available to help you. All of the fraternal service organizations, the VFW, American Legion, DAV, AMVETS, VVA, etc. all have service officers to help you with your claims. You also DO NOT NEED TO BE A MEMBER of any particular organization to use its service officer. Most counties and parishes across the US have service officers that do nothing but assist veterans. In addition to these resources there are Accredited Attorneys and Accredited Claims Agents who also assist veterans in the claims process. Filing a claim costs you nothing…nothing but your time to do the paperwork. I also recommend you look for a service officer, attorney or claims agent in the same manner you would buy a car. Find someone with whom you feel comfortable. Then proceed from there. If at any time you lose confidence in that person, look for another. It costs you nothing to change your representative in filing a claim.
James “Jim” Gilmore is a 100% rated Disabled Veteran from the Vietnam War. He is a VA Accredited Claims Agent. Jim lives in Thailand with his wife Lisa and helps serve the US Veterans residing in Thailand and surrounding countries.
Edited 7 y ago
Posted 7 y ago
Responses: 74
All I can say if planning to file. Make sure you put it in your discharge physical. Don't rush the form because you just want out. It makes your VA claim easier if it's on the form. It's much harder finding records or a buddy who witnessed the event. You may never file but should you find the need 10 or 20 years post service you'll be glad you documented it on your way out. Speaking from experience
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When I first filed my claim with the VA, back in 2002 well, it was denied, so I contacted the VSO for the American Legion in my area, this was the best thing I've could have done. We filed an appeal and the VSO was right on it. The great thing was, the American Legion VSO for Oregon office was right next door to the Regional Office for VA claims, this guy was at there office at lest twice a week working on my claim. It took about 2 years and the claim was accepted, I was rated at 70%, the the VA opened up the Agent Orange exposure to include other issues, this bumped my claim to 100%. I can not say enough about those who serve as VSO's, they work for you and they are not finished until you get everything you deserve.
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I would like to add to the very good explaination above----you will be told often to not worry about the long wait for results because you will get back pay based upon your date of original claim. That is a lie. My 2013 claim was approved 100% disability but back pay went to Dec 2017 because that was the date of the C&P exam! Once again, the VA wins. I guess I appealed my 2013 decision because I thought my condition might occur 4 years later. LOL
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For the most part what you have said is true.
But some V.A.s Like the Tampa, Florida one they for the most part try to screw people out of getting what they have coming to them.
It always a good idea to start your paperwork for the V.A. as soon as you know your going to get out.
I was lucky to have had the Order of the Purple heart do mine.
This actually kept me to in the army about a year longer than I was supposed to be, But they found all kind's of thing that needed to be addressed before getting out.
Great group of people.
But some V.A.s Like the Tampa, Florida one they for the most part try to screw people out of getting what they have coming to them.
It always a good idea to start your paperwork for the V.A. as soon as you know your going to get out.
I was lucky to have had the Order of the Purple heart do mine.
This actually kept me to in the army about a year longer than I was supposed to be, But they found all kind's of thing that needed to be addressed before getting out.
Great group of people.
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Still tracking down much needed docs. Especially looking for a document upon release of active duty during my debriefing at base personnel at Plattsburgh AFB 1978. Cleary indicated medical concern. They can't seem to find it.
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When it comes to the Va the biggest thing to remember is REGISTER at the time you ETS from service . My own personal experience was simply at the time of my ETS date I had married a local woman to my duty base .So once I exited out with my discharge papers I remained local to the base . (Big mistake as I've found out .) Once you exit service you need to "Go Home" even if it's just temporary . "Home" isn't where you live at it's where you entered military service from your "Home of Record" by the military standards . Return to your original enlistment State and County then register with the Veterans Affairs Office for that County as soon as you are discharged from service . Even if your not filing a medical claim there are more reasons to register with the Va than just "Disability claims" . Did you know that your charged Medicare / Medicaid Taxes ? Did you also know that since Barrack Obama was President that now you must have proof of Medical care or you'll be charged additional penalties against your Taxes ? Did you know that some States actually have an additional pay incentive for their Veterans depending on your actual service deployments ? There are a lot of Financial reasons to use the Veterans Administration since I've finally registered a few years back I receive a yearly medical Tax document that serves to show proof of medical coverage for that Tax year . My State and previous Deployment plus my Honorable Discharge netted me a residual check that I didn't even know about when I "Finally" registered . I Ets'd out of service on June 22 ,1993 I didn't Register with my "Home States " Va until 2012 . All of those annual Taxes that I was charged for Medicaid / Medicare and there's no way to get those funds back . Most people are aware of your W-2 forms these are Employee Tax forms filled out by your Employer . Did you know as a General Contractor doesn't receive a W-2 we receive a 1099 Form . On a W-2 tax basis you and your employer both are charged for Your Taxes in equal amounts . On a 1099 Tax basis the General Contractor is charged for Both sets of the Tax liability because there is no Employer , You are Self Employed even when you're affiliated with someone else For example Truckers who drive under Lease or shared authority . Your service is your reward but only if you register for it . USAA has more than just Vehicle Insurance there's also Financial planning help saving for your future there's home Insurance there's also discounts at Hotels , restaurants,Air Travel etc,. Everyone wants to discuss the history of the Va but what needs to be discussed is the benefits that come from being registered even when your not actively filing a claim . In truth I had no idea that I was supposed to register at the time of my ETS , I was happily married and in good health at that time I didn't need to file a claim back then , 19 years went by where I was paying for Taxes that I didn't need to be charged for all because I didn't know . What you don't know can and will hurt you . It's not up to the Tax Preparers or the IRS to tell you that you have these discounts because of your service . I was contacted by the County to present myself for Jury Duty ( Luckily I was never selected to be a Juror ) did you know that your service prevents you from Jury selection ? I enlisted to avoid being forced into Selective Services , it was the Law that all 18 year old males must either Enlist or register with Selective Services upon their 18th birthday .The most HORRIFYING thing that can be forced onto anyone is to determine another persons Guilt/Innocence . Do you know that it's easier to defend yourself than it is to know another persons conscience ? When I appeared to my local court house for my summons I took with me my DD214 (Proof of my Service aka Discharge Papers ) afterwards I was instructed to register with the County Va Office to avoid future participation in Selective Services matters . You need the Va for more than "Disability claims" .
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Am I suppose to believe that they give a s@#$*
I complain that I was losing hearing in one ear for years before I retired
The ENT Doctor said s@#$ happens ( I nearly stomped the living crap out of him)
It was a brain tumor
Because it took more than 2 years after I retired I was denied any dicab
I complain that I was losing hearing in one ear for years before I retired
The ENT Doctor said s@#$ happens ( I nearly stomped the living crap out of him)
It was a brain tumor
Because it took more than 2 years after I retired I was denied any dicab
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Department of Veterans Affairs (VA)
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