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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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I am a former Special Operations member and was medivaced from the Desert to Bethesda after the first Gulf War. I was MRB'ed out of the military due to spinal injury. I was moved to the VA annex, and was told by the Services Officer the very next day that my claim for VA benefits was denied because there was no proof I was ever deployed to Iraq or in combat. It took 6 years of legal battles to establish VA Claim. But I now suffer from GWS and have to resort to law firm to fight my case for a higher rating (currently only 65%)
So yes keep everything.. What helped me was a medical form with the stamped name and unit of the Doctor that treated me in a field hospital in Saudi Arabia. It was stuffed into my flight suit pocket before i was medivaced out.
So yes keep everything.. What helped me was a medical form with the stamped name and unit of the Doctor that treated me in a field hospital in Saudi Arabia. It was stuffed into my flight suit pocket before i was medivaced out.
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MSG Robert Conrad
Capt Carlos Bernal - yep. Find the evidence that shows your illnesses meet the requirements to grant under the GW presumption, which are; 1. must be at a compensable level (no 0 percent evals are qualified) 2. have persisted for at least 6 months 3. and a provider opine that your condition is either "undiagnosed" (does not meet a known clinical diagnosis) or cannot be attributed to a known causation. We really dont service connect IBS, we service connect functional gastrointestinal disorders, and rate them analogous to IBS. People often confuse that. IBS has known causes.
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Capt Carlos Bernal
So recommend any legal firm to help me out of this mess? I am at the end of my rope with this.
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Maj Kim Patterson
Check with the Elizabeth Dole Foundation. And have you filled out your VA exposure surveys?
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PV2 Bob Ondown
SOF is a small community. You should be able to get in contact with former leadership and flight buddies to establish boots on the ground, What about former S3 Air ops?
If your SC injuries are causing depression, that could be a secondary condition.
If your SC injuries are causing depression, that could be a secondary condition.
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FYI... There are no records from the Vietnam years that are still classified. When you have someone tell you they can't provide proof of service because their records are sealed... you're dealing with a poser.
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Print out Gilmore's advice and keep it in your wallet! Also, if you have an injury, report it, don't tough it out. Example? Many troops have a lingering ringing in the ears after firing weapons. This is called tinnitus, and can be a precursor to permanent hearing loss. A friend of mine was close to a "flash bang" grenade explosion, and reported to the medics right away. In his 50's, his hearing started to really decline. Based on his quick report, he gets free hearing aids from VA
R. L. Farnette LTC JAG USAF (R)
R. L. Farnette LTC JAG USAF (R)
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I’ll be in Thailand > a month in May Jim, A couple weeks helping on a farm in southern Thailand, some days in Bangkok, Chiang Mai and Chiang Rai to visit an ex student refugee from Burma who I am helping through university.
Hope you are doing well!
Hope you are doing well!
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PO1 (Join to see)
It'll be my second June there. Hopefully less friendly mosquitoes because I got mild dengue in 2014
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I learned a long time ago while on active duty to copy any and all pages of your medical record. Once I had to be medevac to Bethesda Naval Hospital and the last thing I ask them...do you have my medical records. They said yes, but when I got there they became lost. I received them in the mail 6 months later. I thought they were gone forever. Almost had to redo all my shots.
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I'm going to disagree with the thought that DAV can help. After they screwed up my claim it took twelve years and four heart attacks to clean up the mess they made.
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I am rated at 80% and one of the best way to file a claim is to go to the following reps, every state has someone who knows the in and outs of VA cause they were trained by the VA, some of these place's are located at the unemployment office just ask for your veteran reps. also the HOHA has a state rep who also has been trained by the state and VA and the one I use is HOHA and his name is Eric Smith a retired SM from the Marine Corp you also can go to DAV,VFW. if you served overseas and was in a combat zone, American Legion, Marine Corp leagued, all of these should have a service officer and they can help you, also remember to take your DD214 with you when go, and last thing is make sure you get register with a VA Hospital but you must have your DD214.
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SSgt Jim Gilmore
Actually, you can avail yourself of ANY of the service organizational service officers and you do not have to be a member. They are obligated under charter to assist you. Nearly every county or parish in the US has at least one dedicated service officer too. Not knowing the HOHA acronym, please enlighten me.
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SFC Tom Jones
They are a part of the AZ state that helps vets and yes you are right about not being a member of those organizational units with out being a member but I have seen where if you are a member they seem to help more, that is why I went to the state run places cause they can submit your claim if you have all of your paper work plus they will explain what the intent to file means
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