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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.
Posted in these groups: 
Department of Veterans Affairs (VA)
Health
Healthcare
Disabled Veterans
Vietnam War
Department of Veterans Affairs (VA) Health Healthcare Disabled Veterans Vietnam War
Edited 7 y ago
Posted 7 y ago
Responses: 74
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SSgt Jim Gilmore Another suggestion is to keep a log of everything you do and every person you talk to in reference to your claim! My claim has been going on for years now and it helps to refresh your memory about who or what you did for your claim.
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SSgt Jim Gilmore
Excellent point. As a claims agent I keep a computer log of each time I speak with a client and about what we speak. Good for the client to do the same thing.
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Thanks James for your service and your assistance with Veterans Benefits. Keep up the great work you do for our Veterans. Semper Fi James
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It took 2 years for the VA to approve my claims. I was rated 70% for 1 1/2 years during that time I was suspended by the Sheriff for having disabilities. He wanted to know about them and I refused at the direction of the VA Doctors. The VA sent letters stating I was under a Physicians Care and he changed my status from Suspended to on medical leave. With letters from my personnel file I sent in as further evidence the VA re-evaluated my rating on their own and awarded me 100% permanent and total. Any and all documentation you can get your hands on send it to them. Service related and civilian as well. I know this is a little off topic but everyone has covered the important stuff. Make sure to check your States benefits if you are awarded your claims.
In Michigan 100% disabled veterans (and those rated 100% due to individual unemployability) may be exempt from paying taxes on their homesteaded home. The veteran must have an other-than-dishonorable discharge and be a Michigan resident. Unremarried surviving spouses are also eligible. Also 100% permanently and totally disabled veterans are eligible to register one vehicle with a disabled veteran plate for free, there is a $5 administrative fee when the plate is first issued and the registration sticker is valid for 5 years. Free hunting and fishing licenses for 100% disabled veterans or those with 100% IU individual unemployability. There are other benefits as well and they vary from state to state but the work doesn’t stop when you receive your rating from the VBA . I didn’t use any of the benefits for the first few years but I am starting to.
In Michigan 100% disabled veterans (and those rated 100% due to individual unemployability) may be exempt from paying taxes on their homesteaded home. The veteran must have an other-than-dishonorable discharge and be a Michigan resident. Unremarried surviving spouses are also eligible. Also 100% permanently and totally disabled veterans are eligible to register one vehicle with a disabled veteran plate for free, there is a $5 administrative fee when the plate is first issued and the registration sticker is valid for 5 years. Free hunting and fishing licenses for 100% disabled veterans or those with 100% IU individual unemployability. There are other benefits as well and they vary from state to state but the work doesn’t stop when you receive your rating from the VBA . I didn’t use any of the benefits for the first few years but I am starting to.
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SGT Warren Crutcher
Texas also has Property tax exemption for veterans. The amount of taxes your exempt from depends on your disability rating though. So it's not just for 100% disability. Also if your rated at 70% or above through the VA your may be eligible for a Handy cap parking Placard. The state of Texas also has Disabled Veteran License Plates and they act the same as the Handy Cap Plates for parking unless your parking at a Government facility such as the VA then you need the parking Placard because everyone else there has the DV Plates.
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Interesting article, I'm a Combat Veteran of the Vietnam war and I've got an Agent Orange claim with the VA going on five years and I've had zero help from any veterans organizations and yes I have asked for help. My claim will probably outlive me as I have Cancer.
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PFC Ray Aquila
Paul there is one thing that cannot be done. Diagnosing Agent Orange. I don't care what anyone says. I have been part of the Agent Orange community since it's inception back in 1979. I had a son in July 1972. He past away in Jan. 1973. He was born with multiple birth defects. At that time we didn't know what was what. In April 1983 I had another child by another wife. My daughter was born with multiple birth defects. Luckily my daughter lived to be 29. What I am getting at is, there is no definitive's. No worries! There is a list of 19 conditions pertaining to Agent Orange. Two are cancers. Lymphoma/Sarcoma. If you have either of these two. Look the list over might have some other condition. VA has to treat you with no argument. If you are not receiving Compensation and Pension (C&P), apply. Make sure you are enrolled at your VMAC. Very important. If you are enrolled ask your primary for a consult with C&P at the your VA for any and all conditions you might find/have on the list. You can Google Search the Agent Orange list. Good Luck! Paul
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When I was in the Navy they would purge your medical records every so often when the file got to big,I lost some info needed for a claim later in my life. Therefore when my Son interned the Navy I told him to photo copy his records between every duty station of any new info , he is rated 100% While I can only receive 90%.
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SSgt Jim Gilmore
Have you considered requesting an increase in any of your already rated disabilities? You may have had a condition worsen over time and be eligible for an increase. Keep in mind too that any review can open the door for a re-evaluation of your already rated disabilities if not static. And the rating for your re-eval would need to be at least 50% in order to get the 100%
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I have to recommend scanning records, with a suitable backup as well. I'm having some trouble with my claims, partly because of someone being obtuse, but partly because I got a complete copy when I got out in 1996, and another from VA a few years later... Both have been stored in a footlocker, one in a folder, the other also sealed in plastic, but Xerox tech wasn't up to the job... I found after about 10 years they both were faded to the point you could hardly tell they had even BEEN a copy of something, much less legible
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Other veterans are also a major source of information and advice. Remember the VA has a duty to assist but they will not do the work for you, this is entirely your fight. Stay in the fight and don’t forget just like when you were active duty we must take care of each other.
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Go to your county VSO (Veteran Service Officer). If you don't know how to find one, ask a veteran at the local hospital/clinic. Every county in every state has a VSO. If you not satisfied that VSO is helping you sufficiently, ask vets again about their experiences and they may recommend the VSO from another county. I went to 3 (count them, THREE) VSO's before my case got pushed through and all the documentation and appointments were found and scheduled. Some have more experience and more contacts than others, and can advise you better.
PS: NEVER let them take the originals. #2 VSO insisted that I give him all of my originals and he would make copies for me. When I got the copies, Half of them were from another person. I returned those and am STILL waiting, 6 years later, for MY paperwork to be returned to me.
PS: NEVER let them take the originals. #2 VSO insisted that I give him all of my originals and he would make copies for me. When I got the copies, Half of them were from another person. I returned those and am STILL waiting, 6 years later, for MY paperwork to be returned to me.
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One thing to remember before you get off active duty make sure your medical record is up to date.
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