Home
Benefits
News
entertainment
shop
finance
careers
education
join military
community
 
Search for Military News:  
Military.com Advisors Early Brief | Headlines | Warfighter's Forum | Discussions | Benefit Updates | Defense Tech
Welcome Home! - Getting Started
Jim Strickland | April 27, 2009

Welcome Home!

You're a veteran now ... or very close to it. You've been advised to consider filing paperwork with your Department of Veterans Affairs that will eventually result in an award of VA disability compensation. The awards would provide monetary and other benefits for the conditions that were caused by your honorable military service. You have conditions ranging from very minor to those that may be thought of as physically or mentally disabling.

Now what? Just how do you file with the VA? Is it really as hard as your buddies tell you it is?

Before we get too far along, it's worth repeating a few key facts.

First ... filing a claim is about as easy as anything you can do. Winning the award is sometimes more challenging.

The VA is way behind ... maybe by 2 years or so ... the processing of claims. Your patience isn't just helpful, it's going to be an absolute necessity to get through the drill. There are some 800,000 other veterans in line with you. If you haven't yet filed, they're all ahead of you.

There are no shortcuts ... but you can make the process easier by paying careful attention to the rules from the first communication to VA. One error on your part, a single attempt to circumvent the process and your train will leave the tracks very quickly. Once off track, it may be years to get it headed right again.

We'll repeat that because it's just that important; there are no shortcuts.

Before you file a claim, ask yourself if you actually have a claim to file. There's a difference of having a given condition and being disabled by the condition. To be successful with a VA compensation claim, you must have a condition that is disabling.

For example; If you had a fall as you were detailing your General Dynamics Land Systems IAV Stryker vehicle and you injured your elbow, you may have had an encounter at the local medic's shop to have it assessed. There may have been x-rays taken, some pain medicine dispensed, a sling ordered to suspend and rest the limb and you were on a light duty assignment for 14 days.

After that incident you were fine. You guarded the arm for a month or so as there was still some small ache but you soon forgot about it.

At your discharge examination there was no report of any physical condition concerning the injured arm.

Five years later you think about that event as you're speaking to friends. One of your circle of friends tells you that you should file for a disability compensation ... after all, you were injured.

Do you have a claim? Maybe - but probably not.

The event occurred, no doubt about it. Is it disabling to this day?
From the information we see here, clearly not. Could it be disabling if you still had pain and you had lost some range of motion in that joint? Yes.

To begin your claim, you must have a disabling condition. As in the example above, you must also have a record of the illness, injury or event that caused or contributed to (aggravated) your claimed disability. A medical record is best. Company records of events (incoming enemy fire, accidental explosion or fire, etc.) will be helpful. Sometimes a "Buddy Statement" from a witness to an event is a good piece of evidence.

Filing the claim is simple. You may write a very simple letter to the VA Regional Office (VARO or Veterans Service Center) nearest you. You can determine the office you'll use by clicking here http://tinyurl.com/cwcf3v

In the letter you must state that you are filing a claim for compensation and the condition(s) you're filing for. You may also complete a VA Form 21-526 (it's here http://tinyurl.com/d23a4j) and mail it to the Regional Office. You can also apply on-line here http://tinyurl.com/94cazj

Hint: The preferred communication method to your VA is via the written letter or correct forms and certified mail. Telephone calls, emails or faxes are often lost or misplaced and you have scant record of delivery. Your written letters should always be delivered to VA by certified mail, return receipt corrected. Once you have that small green postcard, you're assured your letter has been delivered to the internal VA mail room.

The VA is designed to work directly with the veteran. To be successful dealing directly with VA requires some knowledge of how the process works, a lot of patience and a few skills. You should have a computer and Internet connection and understand how to use it reasonably well. You'll want to read and research directly from work posted on different sites on the net.

You need a printer that works well. A scanner or copier is necessary ... there is often a lot of paper involved.

You must be able to read, write and communicate to a degree that you can reasonably follow written instructions and comprehend letters from the VA about your case.

Help is available if you don't feel up to doing it yourself. Many Veterans Service Organizations provide Veterans Service Officers (VSO) who will assist you. These folks are also sometimes called National Service Officers. There is no charge for their service. Use caution when selecting a VSO. You must sign over a Power of Attorney (POA) to this person and he or she will have access to all of your records.

National or Veterans Service Officers are not federal VA employees. They may be employed by an organization or the county or state where you live. The VSO serving you may also be a volunteer who gives his or her time helping vets complete paperwork but won't do much else.

Not all VSO's are alike. There are no national standards or certifications for the quality of the VSO you choose. Unlike doctors, lawyers or beauticians, a license or certification isn't a requirement for a VSO. The VSO you speak with should be experienced, well trained and make a promise to stay in touch and to be available to you. If you elect to use a VSO, check the offering from your state or county Department of Veterans Affairs first.

Now you've decided to file a claim for a condition you feel sure was caused or aggravated by your service. You feel the condition is more than mildly annoying, it's disabling. You've made your choice to Do It Yourself (DIY) or you've paired up with a VSO who you trust.

Your claims letter or your VA From 21-526 is in the mail and you have that green postcard in hand. Now what?

Now comes the hardest part of the entire process. You wait.

You'll receive mailings from VA telling you that they're working on your claim. Most of these letters will ask for additional evidence and they'll seemingly ask for the evidence you've already submitted. Don't worry ... these letters are computer generated and are no more than the way VA chooses to remind you that you can send additional evidence at any time.

You'll probably be scheduled for a Compensation and Pension (C&P) examination at a nearby VA Medical Center.

Once you've completed submitting your 21-526 and any evidence you think supports your claim, you should wait as patiently as you can.
You should avoid the temptation to call every week or even every month to check the status of your claim. The process is well established that VA will first collect evidence and that may take months. Your folder is often sitting quietly in line with the other 800,000 claims VA is trying to catch up with. Calling to ask about your claim wastes time and may even get you the wrong information, causing you more anxiety.

To file a VA claim for disability compensation is a simple process.
You complete a 21-526. You enclose any evidence or you reference any evidence that you think will help you. You may also make a written statement of your case for the record. You'll use...

(continued)
Page  1 | 2 | >>
Sound Off...What do you think? Join the discussion.


 
About Jim Strickland

The son of a retired Marine Corps MGySgt and Iwo Jima survivor, Jim joined the Army in 1967 where he was trained as a Combat Medic and later became an Army Operating Room Specialist. Jim remained in the health care field after his tour in the Army. In 2003 Jim was forced to retire due to a service-connected condition.

Jim's writings have been read into Congressional records during hearings in Washington and he often works with Congressional staff to help solve individual veteran's problems.

His articles and blog can also be found on VAWatchdog.org where his series of articles called "Jim's Mailbag" is also featured.

Be sure to follow Jim on Twitter.