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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
I use the VA for 100% of my care. The best part is that ALL of my care can be done in 1 place. Very unlike the civilian side of the house, with a few exceptions.
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Very good advice I learned my lessen the hard way as I have throughout my life ! It is very important to keep copies of everything you submit to the VA and date an time them on the copies. If claim has gone on for over a year you can got your congressman's office they have some there to help in VA and Social Security matters. By law the VA has to reply to a congressional inquiry within 30 days. Plus as he mentioned you have service officers available to help !
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http://www.vetadvocates.org
NOVA helped us after my whole thing got too much for a major vet group, that did really try, we only paid $500 for our guy through them, he then took his piece allowed under law, the best money we ever spent, honest...I'm not saying vet groups or law school vet law clinics aren't good, I've just sent the NOVA site in many times on here, as have others, for whatever possible good they can do, honest....
NOVA helped us after my whole thing got too much for a major vet group, that did really try, we only paid $500 for our guy through them, he then took his piece allowed under law, the best money we ever spent, honest...I'm not saying vet groups or law school vet law clinics aren't good, I've just sent the NOVA site in many times on here, as have others, for whatever possible good they can do, honest....
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I have been fighting with the VA for over 12 years now. Even though the VA had permission to obtain records they failed to follow through. In many cases they even failed to get the records from their own organization. I made sure to obtain all the records myself and submit them, from both the VA, Military and civilian doctors as well as actual copies of all X-Rays, Cat Scans and MRI's. I submitted these to the Veterans Appeals Court which decided in my favor for part of my claim and told the VA to reconsider the remainder of the claim. I an hopefully nearing the end of the case within a few months depending on the Independent Medical Exams they have scheduled for me in the next couple weeks. We will see if the independent doctors are truthful or not. If not I will go back to the Veterans Court of Appeals again with all of my doctors reports I have gathered in the past. Keep copies of all records no mater how insignificant. When I went to the Appeals Court I submitted about 1,000 pages. And to my surprise, the judge actually went through the documents and listened to my side.
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Department of Veterans Affairs (VA)
Health
Healthcare
Disabled Veterans
Vietnam War
