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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
My DAV VSO was a LOT of help in guiding me about what documentation to submit when I filed my Tinnitus claim. It sailed through in under 90 days.
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Suspended Profile
This biggest fight with the VA now is the burn out issues we are seeing. The VA needs to act and is failing on this front.
Suspended Profile
*meant burn pits
SSgt Jim Gilmore
Maj Timothy Robertson - We had burn pits in Vietnam too, so you are not alone. The fight has been going on for decades.
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Join a Service Organization. VFW, DAV American Legion are outstanding. Amvets is narrowly structured to handle mostly claims and benefits mostly. I believe they are somewhat more expedient. The big six are Congressionally chartered. They gain strength by numbers. As a member I believe they work harder for you. Foremost, make sure your personnel and medical records are complete, as that will cause undue delay for verification. Get witness reports additionally if need be to sustain your claim. Dates, place. Can you get a copy of unit records if the situation warranted that? Write a letter stating all the facts and circumstances. Official records alone can be murky in this. Above all, be patient but persistent throughout the process. If you get any denial, file an appeal promptly.
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SSgt Jim Gilmore
Are you aware there is no requirement to join a service organization to avail yourself of the use of the service officer to apply for benefits?
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SFC Patrick Machayo
Thanks. You are correct. VA is obligated to assist resolving any claims. Unfortunately many veterans encounter undue delay s due to insufficient information. Thus it helps when veterans can assemble all information relevant to the claim(s). It helps expedite. Sorry if I implied that one must join a Service Organization. Most veterans have no experience navigating the process. Hence my suggestion. Do did however enlighten me of the other channels. I am eternally grateful. Each one, teach one. Keep your message alive, brother in arms.
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SSgt Jim Gilmore
You are correct, the more information you can submit with the claim certainly helps in the long run. The undue delays are something that has become far too common. The system has been unmanageable for years.
There are a number of avenues available to you to file claims for benefits with the VA. The first is the well known service officers within the the service organizations like the VFW, American Legion, AMVETS, DAV, VVA, etc. Next is the county/parish service officer. Virtually every county in the country has a trained service officer on staff. While normally located int he county seat, they often have satellite offices. Next are VA Accredited Attorneys and Claims Agents. Unlike the VSO and County Service Officers, accredited claims agents and attorneys may charge a fee for services*. You can search for each of these representatives here: https://www.va.gov/ogc/apps/accreditation/index.asp (If you follow the link, click on agents and enter my last name, my accreditation data comes up.)
*Filing of a CLAIM is ALWAYS free and not chargeable. Appeal on the other hand may not be free.
There are a number of avenues available to you to file claims for benefits with the VA. The first is the well known service officers within the the service organizations like the VFW, American Legion, AMVETS, DAV, VVA, etc. Next is the county/parish service officer. Virtually every county in the country has a trained service officer on staff. While normally located int he county seat, they often have satellite offices. Next are VA Accredited Attorneys and Claims Agents. Unlike the VSO and County Service Officers, accredited claims agents and attorneys may charge a fee for services*. You can search for each of these representatives here: https://www.va.gov/ogc/apps/accreditation/index.asp (If you follow the link, click on agents and enter my last name, my accreditation data comes up.)
*Filing of a CLAIM is ALWAYS free and not chargeable. Appeal on the other hand may not be free.
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My biggest mistake that I made with the VA was not signing up for benefits when I got out of the Navy. I waited until I was 65 years old.
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Jim Gilmore has some good points. But also remember the Department of Veterans Affairs relies on Congress for funds. Also remember the VA works at it's own pace. Ever since the VA became Cabinet position during the 1st Bush it was administrative as is SSA, EPA etc. Since then every Sec. of Veterans Affairs was going to make an impact, and make things easier for the veteran to receive what is due. To date there hasn't been one Sec of Veteran's Affairs living up to those promises. The only Sec of Veteran's Affairs coming close to promises made was Sec Jesse Brown serving from 1993-97 under Pres Bill Clinton. Sadly Sec Brown retired due to illness. Sec Brown past away in 2002. Without a doubt the worse Sec of Veteran's Affairs was Anthony Principi. Principi served under 2nd Bush 2001-05. Principi was known in many circles, enemy of Veterans. It was Principi that made it difficult for Veterans to get what they deserved. It has changed very little since. As Mr Gilmore stated. When applying for your well deserved Compensation and Pension (C&P), and other benefits. KEEP EVERY SINGLE DOCUMENTED COPY YOU GIVE TO THE VA. Don't make it hard on yourself/family. Every state has a Department of Veteran's Affairs. Every major organization has Service Representatives. They're there for you, use them.
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I concur with Jim.
I can't emphasis, enough, the need to save all records regarding the Military enlistment!
Attempt to secure them in some fashion, as you NEVER will know when they will be needed. Specifically, when you get older (and you will!).
After 35+ years after leaving the Air Force, multiple symptoms of Agent Orange began to present themselves.
After receiving the VSM and other applicable decorations, I believed that my proof of service in Vietnam would be adequate. Even providing my original flight records/logs, I was , repeatedly, denied.
It took verification from an Air Force flight/unit historian (yes, there is such a person) to verify that my Squadron was, consistently, in Country. But, still, the VA wasn't having any of this.
My point? It took a training record, that I just happened to save, verifying my specific load and destination into Vietnam. It took YEARS to accomplish this with the assistance of the VSO that represents me.
I'm thankful that I persevered.
But, realize that the motto seems to be "delay, deny, until you die".
Although they are "obligated" to assist, you may be disappointed with any "results".
And be proactive as much as possible!
Best wishes to all suffering from our service connected disabilities!
I can't emphasis, enough, the need to save all records regarding the Military enlistment!
Attempt to secure them in some fashion, as you NEVER will know when they will be needed. Specifically, when you get older (and you will!).
After 35+ years after leaving the Air Force, multiple symptoms of Agent Orange began to present themselves.
After receiving the VSM and other applicable decorations, I believed that my proof of service in Vietnam would be adequate. Even providing my original flight records/logs, I was , repeatedly, denied.
It took verification from an Air Force flight/unit historian (yes, there is such a person) to verify that my Squadron was, consistently, in Country. But, still, the VA wasn't having any of this.
My point? It took a training record, that I just happened to save, verifying my specific load and destination into Vietnam. It took YEARS to accomplish this with the assistance of the VSO that represents me.
I'm thankful that I persevered.
But, realize that the motto seems to be "delay, deny, until you die".
Although they are "obligated" to assist, you may be disappointed with any "results".
And be proactive as much as possible!
Best wishes to all suffering from our service connected disabilities!
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This is good advice for those seeking their entitled benefits from the VA. As you mentioned it’s never to late to file for your benefits.
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Took me close to 5 years and 2 appeals to finally close my case on my original claim. My best counsel is never accept or take a no or denial as final word, press until you find the "yes". Best point of contacts is vets affairs staff at local congressman or senators offices, that why they are there. VFW service officers also to be commended. Documentation is important yes, more important is copies of the VA responses and correspondence trails. And finally you, you are your best advocate. Never assume that someone will care more about your case than you. Too many vets take a passive, the system, laws, VA staff exists to take care of me or manage my case for me. No, you need to press the system until the no becomes the yes. Others are there to help and assist, but you need to ride herd on all matters VA and VA accountability.
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There is help out here. See your county VSO or walk into yiur local Vet Center. There are also numerous organizations, like WWP, that can help file claims for disability. No one is alone.
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Unfortunately most of the VSO's are too busy to even respond to a phone call or an email.
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1SG Charles Coleman
I agree. DAV at least is useless. I did my own claims 3 different times. Started at 40% to 80% and now at 100%.
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SGT Warren Crutcher
Did my own claims as well and I am at 90% paid at 100% for Individual Unemployability. With IU you get the same benefits as someone who is 100% such as Dental care, PX and Commissary privileges.
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