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"WELCOME HOME" - #2 IN A SERIES FOR NEW VETERANS
"Welcome Home" from Veterans'
Advocate Jim Strickland will help vets from Iraq and Afghanistan
navigate the VA system.
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Veterans' Advocate Jim Strickland
provides regular columns for VA Watchdog dot Org.
If you would like to contact Jim
about his columns, you can email
him here... The archive of Jim's articles
is here...
To find an answer to a specific VA benefits question, use the VA
Watchdog search engine...
click here... And, be sure to use Jim's: A
Military Veterans Guide To Disability Compensation and Pension
Benefits -- A Compendium of Resources and Knowledge For The Disabled
Veteran --
click here... JIm's series for new vets,
"Welcome Home," is also featured on Military.com. And, you can
follow Jim on TWITTER here ...

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Welcome Home! #2 -- Getting
Started
by Jim Strickland
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 only certified
mail so that you're sure of timely delivery and receipt by the VA.
You will them remain alert for any mailings from VA and submit any
further evidence you may think of. There will be a physical exam.
Eventually (sometimes as long as 2
years) you'll have a decision arrive in the mail. If you have been
awarded what seems to you to be a fair and equitable compensation
for the conditions you've claimed, terrific.
If you've been denied, you go to
the next step in the process ... to appeal. More on the appeals
process soon.
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TOPICS: veterans,
veterans' benefits, VA, Department of Veterans' Affairs, Jim
Strickland, Veterans' Advocate, Welcome Home, Iraq veteran,
Afghanistan veteran |