What is the best way to go about starting the VA rating/disability process?

2023-10-25T18:56:52-04:00

I want to start the VA rating/disability process. What is the best way to go about this?

Response by 1LT Private RallyPoint Member made Oct 25 at 2023 10:02 PM

2023-10-25T22:02:13-04:00

I would recommend going through a VSO. These people will, at minimum, walk you through the steps that the VA has in place for filing a claim and they will never charge you a fee for their help. At most they will help you set up appointments, get connected with others for advice, and share local resources connected to your disability.

There are usually a few close to a base, if not in the bigger cities. Otherwise, you can find one online that you like and always give them a call. You should be able to get assistance remotely.

https://www.va.gov/disability/get-help-filing-claim/#:~:text=If%20you%20need%20help%20filing,you%20with%20VA%2Drelated%20needs.

VA.gov | Veterans Affairs

Response by COL Randall C. made Oct 25 at 2023 11:42 PM

2023-10-25T23:42:27-04:00

As 1LT Private RallyPoint Member said, the best way would be to engage with a VSO - You can use the link he provided.

If you intend to file a claim, the VERY FIRST thing you should do is (assuming you're not going to do it yourself online) is notify the VA of your intent to file* by mail or telephonically. Once notified of your intent to file, you have up to a year to submit the claim, but the 'claim date' is established by your notification. When you meet with the VSO representative, mention that you already contacted the VA and gave them a telephonic intent to file and have them verify the notification is in place.

One "foot stomp" - If you are looking at other organizations that offer assistance that didn't come off the VA's list. Make sure they are accredited by the VA. Accredited representatives and VSOs have requirements they need to meet (pass an exam, background check, and continuing education course to stay up-to-date with VA policies and procedures).

The big item is that recognized organizations and individuals are the only ones that can legally represent a Veteran, service member, dependent, or survivor before VA. Non-recognized organizations and individuals can provide information, but can’t be representatives.

However, you'll see a lot of non-accredited organizations* that say they'll help with your claim, etc (going above and beyond providing information) - bottom line, if it's not a VA approved organization or representative - caveat emptor.
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* https://www.consumerfinance.gov/about-us/blog/coaches-consultants-advertise-ability-to-assist-with-va-benefits-claim-but-may-not-be-accredited/

WARNO: They call themselves “coaches” or “consultants” and advertise their ability to assist you...

Seeking help from a VA-accredited attorney, claims agent, or VSO representative can ensure you receive assistance throughout the claims process with VA and avoid excessive fees.

Response by MAJ Private RallyPoint Member made Oct 26 at 2023 10:06 AM

2023-10-26T10:06:33-04:00

The first step is to gather/request all your medical records. Gather all the documents you can to show what injuries/disabilities you have. Then find a nonprofit with experienced VA claims suppot to walk you through the paperwork and review all your records for possible claims.

Response by GySgt Kenneth Pepper made Oct 26 at 2023 10:45 AM

2023-10-26T10:45:01-04:00

Ditto all that already responded. DAV did a great job on my original claim. Went on my own for a PACT Act supplemental with limited success so far, but it ain't over til it's over.
Your local VSO is a great resource also. I would advise against ANY organization that requires payment of any kind.

Response by CMSgt Marcus Falleaf made Oct 27 at 2023 10:26 AM

2023-10-27T10:26:08-04:00

The DAV went above and beyond for my claims.

Response by SPC Matt Ovaska made Oct 27 at 2023 5:04 PM

2023-10-27T17:04:14-04:00

Give up. You'll never get disability unless your an officer.

Response by PO1 Robert Ryan made Oct 29 at 2023 11:25 AM

2023-10-29T11:25:29-04:00

Get a service organization like the Disabled American Veterans, AM Vets, VFW Service Officer or American legion service Officer, Most states also have Veterans Departments as well as county Veterans Department. Get a service organization first.

Response by MSgt Jeanette Evans made Oct 29 at 2023 12:41 PM

2023-10-29T12:41:58-04:00

Connect with an accredited Veteran Service Officer in your area. An Accredited VSO is certified by the Office of General Council as having had specialized training in VA law specific to veterans benefits and disabilities and training by the VA on the claims process to file those claims on behalf of veterans.

You can find a VSO with a quick internet search. The American Legion has VSO's in every state - frequently located at the VA Regional Benefits Office. Other Veterans Organizations are the same. States have VSO's in various areas. And then several states have County Service Officers in each of their counties. The only draw back of County VSOs is they cannot represent you in the appeals process - you would have to change to one of the others to represent you if you had to appeal anything.

My only caution - is NEVER - NEVER go to the VA directly to file a disability claim. While it is your legal right to do so and they have staff that do it, they are not allowed to delve into your whole body military experience. In other words - they cannot query all of your service to investigate everything you might be entitled to. Whereas a VSO is mandated to do so. VA can only file for what you ask for.

A good VSO will not only listen to your story - but watch your body language. Such as, if you come in saying you want to file for your left knee you injured in service and the VSO notices you are struggling to hear them across the desk - then they should inquire about what your MOS/AFSC was or if you were exposed to loud noises as you should also file for hearing impairment.

If you run into anyone wanting to "charge a fee" for assisting you - run do not walk out the door and report them to the VA. Service Officers are not allowed to charge a fee. There are some "Special Claims Agents" who are allowed to but usually only get involved at the appeal process.

At a minimum - gather up some information to take with you to the VSO: Your DD214; a list of any civilian doctors who have treated you for any of the items you want to claim and dates of treatment (if you can get a copy of those records it will help speed up your claim process tremendously; whether or not you've been treated by VA Medical - when/where. If you have a copy of your SMRs - take that too - it is really helpful for the VSO to review to make sure you are covering everything you can claim.

You can think of the VA Disability process as somewhat similar to the Worker's Compensation process. The difference is that your illness/injury did not "have" to happen only while at work. When you are on Active Duty - the military is responsible for your whole body 24/7 - therefore 'anything' that happens to you 24/7 is the responsibility of the military and subsequently the VA. If you break a leg while on leave (and not doing anything illegal) and have a subsequent disability from that break - then you can file a VA claim for the resulting disability.

Sorry for the lengthy response - as a Retired VSO - I can get carried away with the information - there's so much to know.

Response by Sgt Eugene Stewart made Oct 29 at 2023 7:55 PM

2023-10-29T19:55:38-04:00

The best $36.00 you can spend is to join the American Legion and they will send you to a Veteran Representative, VSO, that will guide you and lead you in the right direction. They will also file all the disability forms for you and help you pick out what forms you need to fill out for your claim. They have helped many in their journey in the rating and disability process. Good luck. The American Legion will support you in every way and help you get in contact with your local VSO. They are both great assets in filing a clam with the VA.

Response by SSG Matthew Tipp made Oct 30 at 2023 4:54 AM

2023-10-30T04:54:37-04:00

Thank you everyone for your responses.....

Response by MSG Lois Sagmoe made Nov 2 at 2023 1:13 PM

2023-11-02T13:13:16-04:00

Ensure your conditions are thoroughly documented in your service medical records - do a head to toe stick man list of your conditions & get copies of your records, X-rays, etc.
If you have dental conditions- I.e. grinding your teeth due to MH issues get that documented too and get copies of dental records.

Most important- seek out a Veterans Service Organization (DAV, American Legion, VFW , State Veterans Affairs, etc.) to help you with all phases of the process