The VA’s Secret Claims

As a VSO, I find that my claims are being processed within 4-6 months on average. That is because I have had the training to know what constitutes a Fully Developed claim (FDC). When someone files their own claim and does not know that there are certain required forms that must accompany the claim, that claim will not be on the fast track and will often times, after the 12-15 months it will take, be denied. That won't be because the VA "wants to deny everyone ". Rather it is because, based on policy the claim did not have everything needed. It is well worth your while to seek out an OGC Accredited VSO. Most times I do not recommend appeals, which take years. A reconsideration will take only 4-6 months instead. The ratings are governed by CFR 38. Following this will greatly increase your chances of a successful claim.

If you try to navigate the VA Labyrinth by your self it could take decades. Find a VSO and use them. I won't even open a piece of mail from the VA. As soon as I receive a letter, I contact my VSO and schedule an appointment, open the letter with them and let them interpret what the VA is wanting, demanding, needing. The VSO then gets my documents together and I sign and away it goes.

I'm not a member of "nationaljournal.com" so I couldn't read the original article.

My experience with the VA and claims has been good and bad. I retired from the service on 1 June 2001; and submitted my original claim by the end of August, 2001. In October 2002 I received notification of an 80% Rating effective to the day of retirement. Considering that the VA was really slammed with claims I thought it was a good experience; I used the DAV VSO at the Columbus, OH VA Medical Clinic; what helped is that I made two complete copies of my Coast Guard Medical Record (and had obtained a copy of my Navy Medical Records from the NPRC St. Louis).

Fast forward to 2007; I had to have surgery on my cervical spine; a fusion with a titanium plate and 4 screws. I was unable to work for 6-8 weeks so I applied for a temporary 100% rating - since I was in a no pay status with my job I really could have used the money right away; but it wasn't until 4 months after I returned to work that I received a lump sum payment. Try explaining that to a Family Court Judge that I couldn't pay alimony because I barely had enough money to pay bills. She finally suspended the alimony but forced me to pay back alimony after I returned to work. Used the county Vet's Assistance Office, who submitted the claim through the VFW VSO. No change in the permanent rating of 80%. (using the Detroit VA Regional Office)

In 2010 I hand both knees replaced (rated for problems with the right knee so replaced it first). Had the right knee replaced on 7 January 2010 and the left on 1 April 2010. I was off work until 1 July; I made the comment that (once again) wouldn't see a dime until I had returned to work - finally received a 13 month temporary 100% rating in November with a lump sum payment; it was hard but I survived barely eking a living out until the work pay checks started up again. Once again, used the Detroit VA Regional Office. Status changed to 90%.

Both the cervical spine and knee replacement surgeries caused me to take time off of work; the time frame the VA took to process those claims took too long in my opinion; especially with a mortgage and other bills to pay.

In 2014, the final time I filed a claim was for a severe, career ending heart attack; by the middle of May using the county's Vet Office/VFW VSO submitted a claim for 100% based on individual unemployability (for the heart attack). It was denied but the VA changed it to 100% Permanent and Total; submitted as a fully developed claim the VA still made me go to a doctor of their choosing - and saw a Nurse Practitioner; he'd never seen the VA Forms before so I helped him fill them out! I had the determination letter in hand by October; immediately filled for SSDI; and in December of 2014 that was approved as well.

Sorry for the long tale; but two things that I highly recommend anyone applying to the VA for a disability claim - use a VSO...use a VSO they should help you with the fully developed claims; the other thing - before RELAD or retirement - make two copies of your medical record; go over it with a fine tooth comb with your medic or medical clinic and make sure everything is documented.

On a separate issue that really clogs the VA Claims Process is false claims. Every claim submitted has to be reviewed. If denied, the claimant will generally file an appeal further clogging up the system. I have a friend, retired now, who was an attorney with the VA Appellate Branch; he said several times that there was almost twice as many claims for Agent Orange exposure then veterans who served in Vietnam; a large batch were for claimed service after the Vietnam War ended in 1975.