July 2013 Veteran Assistance Statistics

The Veterans Benefit Foundation helped 556 Veterans in the month of July with their VA Benefits, Emergency Relief, Service Dogs, Home Improvements, Tri-Care Information, and Education Benefits. For the month of July, about 3/4 of the referrals for re-financing have already closed. A big thanks to the banks who have taken time to do all of the re-financing. Out of these mortgages we have assisted veterans in saving $9,070,857.80 over the lives of their home loans.

Agent Orange/Vietnam Veterans

It amazes me sometimes how comfortable people are with me with their most intimate subjects. I am a young female who has no problem asking the most respected mature men of our nation the hard questions. I am the Nancy Grace of the VA. “So, you’re here for a leaky blister on your ass, Mister?” Yesterday’s big topic was after effects of prostate cancer.  I felt rather honored that these complete strangers left their most intimate problems in my hands. WAIT! WHAT?!!! Oh yeah, I went there!!!!

So as I sat in Release of Information yesterday trying to negotiate my way to the front of the line, I overheard two men talking about their exposures during the Vietnam Era. Damn! That did not sound right! They did not expose themselves they were exposed to Agent Orange. I put my negotiations on hold for a minute to interrupt their conversation because I had to know if they were getting everything they deserved. It was not the first time that I have heard that men have been awarded only TEMPORARY 100% Permanent and Total Disability for prostate cancer they obtained as an after effect of Agent Orange exposure. Also was not the first time I voiced my opinions on such matters, fair warning… This won’t be my last.

During the Vietnam War from 1962 to 1972, the US military used a mixture of Herbicide Orange and Agent LNX as part of Operation Ranch Hand, a chemical warfare program.   During Operation Ranch Hand nearly 20 million US gallons of chemical herbicides and defoliants mixed with jet fuel was sprayed in Vietnam, eastern Laos, and parts of Cambodia. The goal of the program was to kill the forestation keeping the guerrillas from having cover and to wipe out the food supply forcing them to move to US dominated cities.

In 1965 US Congress was told that the most important thing was to destroy crops but where the public was concerned emphasis was to remain on jungle defoliation. The soldiers were told they were destroying the crops that were being used to feed the guerillas. Later, they found out they were destroying crops that were for the general public. In some areas over 85% of the crops were destroyed in one year alone. How could that have been believed to only be feeding the guerillas? The US was charged with violating the 1925 Geneva protocol which regulates the use of chemical and biological weapons.

US. Veterans to this day suffer the effects of Agent Orange. The US Department of Veteran’s Affairs has determined that there are many conditions that veterans from the Vietnam era suffer are directly related to Agent Orange exposure and are eligible for treatment and compensation.

Diseases Associated with Agent Orange:

• AL Amyloidosis
• Chronic B-Cell Leukemias
• Chloracne
• Type 2 Diabetes
• Hodgkin’s Disease
• Ischemic Heart Disease
• Multiple Myeloma
• Non-Hodgkin’s Lymphoma
• Parkinson’s Disease
• Peripheral Neuropathy, Acute and Subacute
• Porphyria Cutanea Tarda
• Prostate Cancer
• Respiratory Cancer
• Soft Tissue Sarcomas

To be eligible you must have served in Vietnam between January 9, 1962 and May 7, 1975. This can include visits ashore or service aboard a ship that operated on the inland waterways of Vietnam

OR

In or near Korean demilitarization zone anytime between April 1, 1968 and August 31. 1971.

If you you fall in either category you do not have to prove you exposed to Agent Orange to be eligible for disability compensation. The diseases are presumed to be associated.

You may also still be eligible for benefits if you did not fall into the above two categories but still were exposed to herbicides in the military and you believe it led to the onset of a disease.

For instance:

• Veterans who served on or near the perimeters of military basis in Thailand during the Vietnam Era
• Veterans who served where herbicides were tested and stored outside of Vietnam
• Veterans who were crew members on C-123 planes flown after the Vietnam war
• Veterans associated with DoD projects that tested, disposed, or stored herbicides in the US.

The VA also presumes that certain birth defects in biological children of women Vietnam Veterans were caused by military service.  The diseases are not tied to herbicide exposure but to the mother’s service in Vietnam. The Birth Defects that are covered by the VA include but are not limited to:

• Achondroplasia
• Cleft lip and palate
• Congenital Heart Disease
• Congenital talipes equinovarus
• Esophageal and intestinal atresia
• Poland syndrome
• Pyloric Stenosis
• Hallerman-Streiff Syndrome
• Hip Dysplasia
• Hypospadias
• Imperforate Anus
• Neural Tube Defects
• Hydrocephalus Due to Aqueductal Stenosis
• Tracheoesophageal fistula
• Syndactyly (fused digits)
• Williams syndrome
• Undescended testicle
• Hirschprung’s disease (congenital megacolon)

Conditions related to known family disorders or birth injuries are not covered.

There are also benefits available for children with spina bifida of veterans that served in the afore mentioned times and places .

While the US troops were in Vietnam they were assured that the chemical was harmless to them. Suspicions amongst the troops began to arise when there was an increase in poor health amongst those that served in Vietnam and miscarriages or children born with birth defects. By 1993 the VA was only compensating approximately 486 victims even though they have received claims from almost 40,000 soldiers that were exposed to Agent Orange. Veterans began to file class action lawsuits again manufacturers who claimed they weren’t to blame, but then settled before a jury could even be selected.

In 1991, Congress enacted the Agent Orange Act, which gave the US Department of Veterans Affairs the authority to allow certain condition to be declared presumptive, treatable, and compensable. The list grows by the year. More conditions were added in 2010.  “Highly placed individuals in government” argue that some of these conditions shouldn’t have been added to the list.

I am sure those same officials feel that they don’t owe restitution to the Vietnamese people, who have also filed suits against the American people for damages done.

Really tired of Government secrets and being used as pawns for their dirty work and left to suffer and die without compensation. We are their people. It shouldn’t surprise me what they do to others when I see what they do to their own.

I am sure many will disagree with me and maybe I am wrong. I am a highly sensitive person to the needs and concerns of others. But I thought that in war, we are to protect the civilians and only engage those that are lawful combatant targets. The US Soldiers in Vietnam were blatantly lied to, reassured of their safety and well-being and completely misled and not only did they wipe out communities of unarmed, helpless civilians they also sacrificed themselves to the knowledge of Congress, who painted an unrealistic picture to everyone including the public who supported the war.

I feel these innocent people are owed. Just like those American Veterans that suffer from the effects of Agent Orange today. I don’t think they should be only compensated temporarily. I mean the emotional and psychological impact some of these illness’ have on a person can last a life time, affecting relationships and lifestyles. A dollar amount can’t justly be put on that. A person can never be fully compensated.

I feel for these men who have suffered prostate cancer. Their sexual performance will never be the same. How they view themselves as men forever be changed. Some of these men see themselves as devalued. I see them as the same man they were before but it isn’t my point of view that matters. It is one’s own self value that ultimately matters.

These men that have suffered prostate cancer due to Agent Orange exposure are only awarded temporary Permanent and total disability. They receive treatment and after a period of time, when they are found to be cancer free they lose their compensation for their prostate cancer. But the effects of the disease are not all cured with chemo therapy. Studies show that many suffer with erectile dysfunction years after treatment, urinary incontinence, leakage, or bowel accidents. They suffer from depression and relationship strain, menopausal symptoms, stress, anger, and embarrassment. Does chemo therapy heal those things? Are the effects of Prostate Cancer only temporarily erased with treatment? Isn’t it true that the cancer can return? Don’t you feel that these people are entitled to a lifetime of compensation? I scratch my head while I ponder over these thoughts. I can do that in public. Men please don’t…It disgusts me when y’all do that!!!

Service-connected vs. non Service-connected roughly

A Service connected vs Non-Service connected disability seems like it would be self-explanatory, cut and dry. Maybe for the most part it is. But just because an injury or illness is non-service connected does not mean that it is not covered or always not compensated for. Disability compensation is tax free income paid to a Veteran with a disability that was either acquired in the line of duty or was made worse by their active military service.  Sometimes compensation is awarded to veterans post-service for disabilities that are secondary or related to in-service injury or illness, even though they presented themselves after military service.

Disability is paid to any veteran who is found to be at least 10% disabled for any condition whether physical or mental that incurred during active duty, active duty training, or inactive duty training. 

Are you Eligible to collect VA disability? Well isn’t that what the VA is supposed to be determining? Am I now doing their job? Will I get paid for that too? It is like the grocery store asking me to scan my own items when the cashier three aisles down gets at least minimum wage to do exactly what they want me to do for nothing. People in a hurry totally buy into that concept. That cashier just made the same wage for doing less work.  

Eligibility Criteria:

• Served in the Uniformed Services on Active Duty, OR
• Active Duty for Training, OR
• Inactive duty Training, AND
• You were discharged under other than dishonorable conditions, AND
• You were at least 10% disabled by an injury or disease that was incurred or aggravated during active duty service, active duty training, or inactive duty training.

By the way if you were on inactive duty training your disability must have resulted from injury, heart attack, or stroke.                

Proof:

• Medical evidence showing current physical or mental disability. AND
• Evidence that there is an association between your disability and military service. Medical Evidence or Medical Opinion are required to establish this relationship.

I would think in this case, it would be safe to assume that my opinion does not hold any weight, but if it did we would all be disabled in some way and being compensated for our service. In some cases a Veteran is presumed disabled.

For example:

• Former POW
• Veterans with certain chronic or tropical diseases that become evident in a specific period of time after discharge from service.
• Veterans who were exposed to ionized radiation, mustard gas, or Lewisite while in service
• Veterans exposed to certain herbicides, such as in those exposed while serving in Vietnam.
• Veterans who served in Southwest Asia during the Gulf War

  How to apply for Benefits:

Apply Online

Work with an Accredited Rep or Agent                 

Go to the nearest VA Regional Office and have a VA rep Assist you

Okay so that was all about the service connected disabilities. So what about the non-service connected disabilities?

Any veteran whose disability originated after military service and is not related to military service will receive VA medical care on a discretionary basis. Care is provided on a space available basis and if the veteran agrees to pay the co-payment. The veteran may also be eligible for a pension. I covered this a little in my blog titled “Do I qualify for a Pension?” This pension was created to help war time veterans whose non-service connected disabilities are permanent and total, preventing them from maintaining substantial gainful occupation.

Basically to qualify:

• You must have been discharged with other than dishonorable conditions, AND
• Served at least 90 days active duty and at least one day of during a period of war time AND
• Be 65 or older OR
• Permanently and totally disabled not due to your own stupidity OR
• Be a patient in a nursing home receiving skilled care OR
• Receiving Social Security Benefits AND
• Have a family income below the level set by congress minus medical expenses AND a net worth that does not exceed the limit.  (Word on the street is that you can sign your assets over to a friend or family even the day prior to claim without penalty to qualify unlike with Social Security who looks back to see what you have done with your assets. Don’t take my word for it though, I would get legal advice.  Just to be safe.)

By the way, if you enlisted after September 7, 1980, you must have served at least 24 months or the full period in which you were called or ordered to active duty. The only way you don’t have to have served the full 24 months is if you have a service connected disability and were released under an early out were given a hardship discharge.

Wartime Requirements:

WW1: 04/16/1917 to 07/01/1921

WW2: 12/07/1941 to 12/31/1946

Korea: 06/27/1950 to  01/31/1955

Vietnam: 02/28/1961 to 05/07/1975 but between 02/28/1961 to 08/04/1964 you had to serve in the country of Vietnam

Gulf War 08/02/1990 through a date to be prescribed by Presidential proclamation or law

 

For those of you who were National Guard and Reservists. To meet the criteria for establishing Veteran status you must have performed full time active-duty in the Armed Forces other than in training.

Commissioned Officers of the Public Health Service and National Oceanic Atmospheric Administration are considered to be active duty members and veterans once they are discharged.

How to apply for the Pension

In the form number field type in: 21-527EZ it will give you the Pension Application this form is fill-able online or you can print and mail to the nearest regional office. I put a link above to help you find the nearest regional office to you. Sorry I can usually get the form for you but for some reason my computer is not letting me view the pdf even though I have the latest version. 

Back to the Service vs the Non Service Connected:

If your disability is Service connected then your benefits are mandatory but if they are non-service connected then they are discretionary. Priority groups come into play here to determine when you get seen. I should maybe explain that. If you want to know more about Priority Groups I suggest you continue to follow my blog. I will explain that in the near future.

Lets talk about care and coverage:

If you are rated 50% or higher (regardless if it is for one condition or combined) the VA will provide limitless out patient care. If you are rated less than 50% total the VA will only treat those conditions that are service connected AT NO COST, the rest is subject to co-payment.

SO….. Non Service- connected outpatient care is free If you are rated at 50% or higher but subject to co-pay if less than 50%. Appointments are based on priority. Service is discretionary and based on space and resources available.

Hospital care in the VA is free to those that are service connected.  Even in some circumstances transportation may be covered. If you are not Service-connected you may be turned away if space or resources are not available, or if you do not agree to pay the deductible that you would normally pay under Medicare.

Nursing home or domicile care for those service connected may or may not be provided depending on income. They may not provide it to non-service connected either based on space and resources and those non-service connected again must remember that there is a co-payment.  

Don’t forget if you are being seen for a service-connected disability or disease to file a travel voucher after each one of those appointments. Even if all you get is a dollar or two it is well worth the few extra minutes. Actually now that I mention travel pay, I have opened up a whole new topic.      

Find us at Veterans Benefits Foundation

or on G+

Environmental Contaminants / Gulf War Illness

I am taking this directly from the health benefits glossary. Health Benefits Glossary

Gulf War Veterans were exposed to a wide variety of environmental hazards and potential harmful substances during their service in Southwest Asia. These include depleted uranium, pesticides, the anti-nerve gas pill pyridostigmine bromide, infectious diseases, chemical and biological warfare agents, and vaccinations (including anthrax and botulinum toxoid), and oil well free smoke and petroleum products. VA recognizes that there are other health risk factors encountered by Gulf War Veterans. Veterans with service during the Gulf War are eligible to receive treatment for conditions related to this service.
If the treatment provided is for an illness or symptom that may possibly be associated with environmental contamination, copay for medical care and medication copay will not be charged.

Conditions Associated with Environmental Contaminants:

• Persistent fatigue
• Skin rash
• Headache
• Arthralgias/myalgias
• Sleep disturbance
• Forgetfulness
• Joint pain
• Shortness of breath/chest pain
• Feverishness
• Amyotrophic Lateral Sclerosis.

Examinations

Physical examinations, when made by the VA, are done under criteria worked out by both the Veterans Health Administration and Veterans Benefits Administration. 

You want to file for Post-Service Disabilities

Enrolling into the VA

To initially enter the VA heath care system you must first enroll. You are eligible to enroll if you served active duty, naval or air service and were discharged with anything other than dishonorable.

Reservist and National Guard may also apply if they were activated by a Federal order not or training and served the whole term of activation.

Any veteran who enlisted after Sept. 7, 1980 is eligible if they served at least 24 consecutive months or served the whole term of their call to active duty.

They have made it much easier to enroll into the VA system Apply Today

Close to Home – find the nearest location to you

Clear and Unmistakable Error

Did you know that if you missed the appeal cut off time that all is not lost. If you feel that there is a mistake that is undebateble? It is called a Clear and Unmistakeable Error (CUE).

I have to be honest I myself did not know about this until yesterday. But I am going to talk about it today as if I have known about this forever and am very knowledgeable on the subject

.

A Clear and Unmistakeable error (CUE) is an error that is undebatable . They say that someone with a reasonable mind can only conclude that the original decision was fatally flawed at the time it was made. WOW!!! That was in the VA manual! I didn’t really write that. Only a reasonable mind can come to that conclusion!!! Count me out!!

BY THE WAY GULF WAR VETS I JUST FOUND A LINK. I DON’ HAVE TIME TO READ IT, BUT IT MENTIONS SOMETHING ABOUT A CUE AND A DENIAL OF YOUR CLAIMS. A MUST READ FOR YOU ALL!!!!  I WILL PUT THE LINK AT THE BOTTOM OF THIS POST!!  WELL DON’T JUST SCROLL THROUGH TO THE END! READ MY WHOLE POST!!!!

According to 38 CFR 3.105 (a) if a CUE is granted in a previous rating determination the prior decision will be reversed or amended and will take effect on the original claim date.

When determining their decision they take into account the laws and records at the time of the original claim not what the current laws and records are.

If you are going to file a CUE you need to be arguing that there was an error in the settlement not just in the facts they used to decide the decision. If the facts that were used to decide the decision will change the ruling and therefore affect the award amount then a CUE is warranted.  A new medical diagnosis that corrects and old diagnosis is not considered warranted.

You can also file a CUE if you can prove that the Department of Veteran Affairs (VA) failed to follow procedural directive, if they over looked facts, or if they failed to apply appropriate laws or regulations. You should consult Compensation and Pensions (C&P) Service for advice for current regulations.

A CUE can only be submitted one time for each complaint so if you fail to submit all of the evidence the first time the case may be lost for good. The VA does not help you with this claim. You have to find your own supporting evidence. You must be thorough.  CUE’s are very uncommon and are very hard to win. 

A person who is going to be filing a CUE is encouraged to seek aid from the DAV, American Legion or similar Agency, or hire an Attorney.

Cue Info For Gulf War Vets

CUE 38 CFR 3.105(a) – FYI this downloads a word document to your computer, It’s the regulation. I don’t know about you, but I hate when that happens.  

Show me the MONEY

     Once you have been awarded your claim there are still more decisions to make. Are you going to keep receiving your retirement pay or are you going to waive your retirement pay and receive disability? If you keep your retirement pay how will it affect your other benefits? Do you qualify for concurrent pay? What if you collected a severance pay from the military?

Concurrent pay means to collect both Military retirement pay and VA disability pay. Up until 2004 this was illegal to do, but since then there have been changes to those rules. If you qualify for both there is a restoration process that is in place and by 2014 each qualifying member will be fully phased into the program.

How do you know if you qualify for concurrent pay?

As with everything else there are requirements you must meet to be eligible for concurrent pay. If you qualify you will be able to receive all of your retirement pay and all of your disability pay. You will no longer have to waive part or all of your retirement pay to receive your disability pay. At this point if you do not qualify you are required to forfeit a portion of your retirement pay. For example, if you received a 20 year retirement and a VA disability rating your retirement pay was reduced by the rate of your Service Connected disability compensation. Doesn’t really seem fair does it? I mean you put in your 20 years, you served honorably, and you sustained injuries and they are going to take a part of your retirement money to compensate you for your injuries that you obtained while serving honorably.

Requirements to qualify:

• You must be a military retiree with 20 or more years of service,which includes:
  • Chapter 61 medical retirees with 20 or more years of service
  • National Guard and Reserve with 20 or more years of good service. (those in this category can begin receiving retirement once they turn 60)
  • Temporary Early Retirement Authority Retirees might also qualify

AND

•  You must have a Service Related VA disability rating of 50% or higher

Now this pay is SUPPOSED to be Automatic… but keep an eye on that, if you feel you qualify and are not receiving address the issue with your regional office. I say this because…

Congressman Gus Bilirakis is the Vice Chairman, House Committee of Veteran’s Affairs for my district. He has personally done a lot for me in helping me get some of my benefits. He is a man of great knowledge and Resources. I don’t normally give my personal opinions or feelings on my blog, but I am going to make an exception this one time. I believe he truly cares about Veteran’s issues and he takes his position seriously and has our best interests in mind. I have requested a meeting with him, because I learned that he proposed a “retired pay restoration act”. This Act would allow ALL retired personnel with a SC disability to receive both disability compensation and retiree pay. This was followed by a budget proposal by President Obama. I have done much research on this and I believe the Act was passed and concurrent pay should have automatically been awarded. However, it did not reflect in my pay. I am going to be adding additional information on this subject in the near future, since I requested a face to face meeting with the Congressman and I will be addressing this and a few other issues.

What if you don’t qualify?

If you do not qualify for concurrent pay you can choose to continue receiving your retirement pay. Keep in mind when you choose this option your disability compensation will reduce your retirement pay.  If you receive a 20% service connected disability, which without any dependents pays approximately $255. That amount will be subtracted from your retirement pay and paid to you tax free. If you choose to continue receiving your retirement pay then you won’t receive the compensation check from the VA and you will be taxed. Doesn’t really seem logical to choose this option unless of course you like filing your taxes and getting your money back at the end of the year. It really is your choice. You are taxed on your military pay. You are not taxed on your VA compensation. If your VA compensation is less than your retirement pay you will end up paying taxes on the difference should you choose VA pay.

Many believe that just because your retirement pay is taxed it will affect your social security income. That is NOT the case. You will still receive your full social security pay unless you collect pay from a civilian employee.

The big difference in the pay is the taxes.

What if you collected Severance Pay?

If you left the military through a medical discharge and you were awarded  Severance Pay, your VA compensation will be withheld on a monthly basis until your fully pay back your severance. You can not receive a VA compensation and a severance for the same disability. If you do you are considered as receiving dual pay, which is illegal.

When I was originally discharged from the military I was offered a severance pay. Thankfully I did not accept the severance check, but decided to appeal. I was offered $19,000. Seems like a lot of money, but in the big picture this money with all of my medical conditions would have for a fact lasted me at most (I saw a non military doctor for a while so I knew my medical costs and meds) only 1.5 years. That is just for one specialist. I see several now. Had I gone to the VA I would have not only had to pay for my medical coverage but would have also had to pay back that $19,000 before receiving any disability compensation. Based up on the pay rate now, (not then) it would take me 2.5 years to pay back (that is if they took every penny). Imagine my financial problems. Now I had extenuating circumstances and the Secretary of the Air Force awarded me a retirement. It was a very long appeal process and I risked walking away with absolutely nothing. I wouldn’t suggest everyone walk the path I did. However, I posed this example only to show you the affect the severance pay has on the VA compensation. You have to objectively without personal feelings look at your situation and how the options will realistically affect your life. The key word in that last sentence was objectively. 

Compensation Chart

How VA Compensation is Calculated

Many people assume that when they get a new rating that their percentages will simply be added together, and they become upset when they find that they are getting a lower overall percentage than expected, and assume a mistake was made. However, that is not how the rating system works. That is why the closer you get to a 100% rating the harder it gets to move up in ranking. So I am going to create an example to help explain how the system works.

The Scenario includes actual rating amounts you could receive but based on personal circumstances and severity may be higher or lower than the rate I listed. Please do not take those numbers as set in stone rates. 

Veteran SC disabilities awarded and their individual ratings: 

PTSD 10%

Anxiety Disorder 30%

Intervertebral disc syndrome 20%

Asthma 30%

The Veteran did not receive these ratings all at once but over a two year period in the order listed. Now the average person feels that as they are awarded each rating they simply add together so the end result in this scenario is the Vet would be paid 90%, but that is NOT the case.

This is how it actually works. The first claim that was awarded in the scenario was for 10%. So the veteran automatically gets paid at the 10% rate. 

A few months later the vet received 30% for their Anxiety Disorder. 

That does NOT mean the vet now has a 40% rating. 
What actually happens is the highest rating is calculated first. So now the vet automatically has 30%, but he also has a 10% rating. Now what happens is 30% is subtracted from 100%. Leaving a remaing 70% left of the total 100%. To calculate in the 10% what happens is the that now they take 10% of the remaining 70% which is only 7 “points”. So now the 7 points is added to the 30 to get 37. Now the VA pays in increments of 10. So the final number is rounded to the nearest 10%, in this case the vet is now awarded 40%. But remember you are only actually at 37.
Six months later the vet is awarded an additional 20%. Currently the Vet is being paid at the 40% rate with an accumalative 37 points. The VA is going to calculate from highest to lowest rating. so you have your 30% to start with, then 20% is higher. so now you are going to take the remaining 70 points of 100 and calculate in the 20%.     70X20%=14 now add 14 and 37=51. then you calculate in the 10%. 100-51=49     49X10%=4.9    4.9+ 51= 55.9 That will be rounded up and you will get paid at 60% rate but remember you are only really at 55.9 points.
A while later you are awarded 30% for Asthma. Calculating from lowest to highest would be 30%, 30%, 20%, and then finally the 10%… traditionally adding up to 90% but remember I keep mentioning this is not how it adds up so the following is the new calculation:
30%x100=30

0+30= 30%
100-30 = 70

70×30%= 21

21+30= 51

You are now paid at the 50% rate
100-51=49

49×20%=9.8

9.8+51=60.8

You are now paid at the 60% rate
100-60.8=39.2

39.2×10%=3.92

3.92+60.8=63.92

You remain at the 60% pay rate…
So in total you will receive 60% rating…
I am sorry that it is not what you were expecting…I will gladly help you understand your overall rating if you still have questions.
2013 VA disability pay chart

 

Appealing a claim decision

Once a decision has been made in regards to the rate of award for your claim you will be sent a letter by the VA explaining the decision, what was used to determine the rate of award and what led to their conclusion. Some people may feel they deserved a higher rating or feel that the disability that was determined to not be service connected really is, in such cases the veteran is able to appeal the boards decision. It doesn’t matter what your reason is for not agreeing, you can appeal for any reason. 

Filing an appeal is a fairly simple process. To begin the appeal process one must first submit a Notice of Disagreement to your local VA facility. The address for your point of contact can be found on the top of your decision letter. Within this letter you may submit a statement as per to your reason of disagreement. This letter must be submitted with one year of the date the VA mailed you their decision. Notice what I said? From the date the VA mailed you. The notice of disagreement (NOD) must simply be wrote out on a piece of paper and signed. There is no required form or format.

If you are appealing a claim that covered a few different disabilities and you are only appealing the decision on specific disabilities be sure to specify exactly which portion of the claim you are appealing. You may also send in any new information you feel you have that can support your appeal, along with the NOD. After you have submitted your NOD you can ask a Decision Review Officer (DRO) at your local VA to review your claim and all evidence and they can hold a personal hearing on your claim. The DRO will review your ENTIRE file.

After your NOD is received the board will review your case. They will consider any new evidence, review old evidence and make sure everything was considered in the initial decision and they will also review any applicable laws and regulations to ensure there were no changes since the initial review. The claim decisions are not made on personal feelings. There is actually a rating chart and regulations that are referred to when coming to these decisions. Everyone is not the same though. You and I may have the same condition, however, my circumstances may be different than yours and you may get a higher initial rating. That does not mean that later I can not make a claim for an increase in benefits later. Remember, you have a year to appeal. A lot can happen in a year. Do not fret if you miss the appeal deadline, you can always file a new claim.

Once a decision is made you will once again receive a final decision letter. Within this letter the VA officer will write a statement of the case (SOC) informing you of their final decison, explaining the laws and regulations that were referred to, outline all evidence taken into consideration, and the reason for their decision. If the decision is not favorable you can continue to plead your case by submitting an appeal to the Board of Veteran Appeals. The Board of Veteran Appeals is located in Washington, DC and are a division of the VA.

To file for a review by the BVA a Form 9 must be used. VA Form 9 

Within the Form 9 you will explain how you think the VA made a mistake by either show specific evidence or pointing out the law or regulation that you think wins your argument. You can find information on the laws and regulations within the State of the Case packet you received. Don’t forget that you can find a representative to help you. If you are confused or unsure of what to write or how to fill out the form do not hesitate to seek assistance. Within the Form you will also need to annotate what kind of hearing you want.  You do not necessarily have to go meet the board for a hearing in Washington DC, though that option is available, you can request a hearing in front of a BVA in your local VA. Keep in mind that if you decide to go to Washington, DC you will be paying your own travel expenses. Whether you want a hearing or not a BVA officer will be reviewing your case. If new evidence is sent in with the Form 9 that alone can make a difference in the original decision in which case you will receive a Supplemental State of the Case (SSOC) which will explain any decisions that were reached and the evidence used to come up with the final decision. More evidence may also be asked for. If more evidence is asked for, you only have 60 days to submit that additional evidence.

If you claim is still denied, do not give up hope. There is still another opportunity to appeal. You have 120 days to appeal the BVA decision. You can file an appeal with the United States Court of Appeals for Veterans Claims. If you miss the 120 day cut off, you lose all rights to appeal the decision. You should also file that same claim with the VA General Counsel. 

Remember if you don’t agree with your claim decision but have nothing new to add at that time or do not think you can substantially support your case then you can always file a new claim later. You case can be reopened at a later date. So even if you appeal the US court of Appeals and still get denied you can open a new claim at a later date. 

Make sure to include your case number on your documents, submit as much evidence as possible, point the VA in the right direction so they know where to look for additional documentation, give as much detail as possible, and keep the VA up to date on your current address. Remember, some of these appeals need to be filed within a time frame based on the date the VA mailed the documents to you. NOT WHEN YOU RECEIVED THEM. If they do not have the correct address and your documents float around before arriving to you based on your negligence you do not receive an extension. 

I am always here to answer questions. 

VABenefitAwareness@gmail.com
GOOD LUCK!!!

Follow up on a claim

Before calling around frantically trying to find out the status of your claim it is important to understand the process of the claim. Remember each time a representative stops to answer a phone they are not working on your claim, so to call too early or too often you are only prolonging the process. Remember your claim is not the only claim there are thousands and they are processed in the order they are received. So all of those people before you and even some after you are calling about their claims as well. You can see how this can become a problem in the processing time.

The claims process consists of 8 steps: 

 Step 1: The VA receives your claim. The way you file your claim can impact the amount of time it takes for the VA to actually open your claim. For example if you submit via the online application process you will find your claim has been opened within approximately an hour after you submit your claim, but if you mail in your claim it can take up to a week after your claim was received in the mail to actually open the claim.

Step 2: Your claim is assigned to a representative who reviews all the evidence and determines if more evidence is required. If no more evidence is required then you skip directly to Step 5.

Step 3: If it is indicated that more evidence is required and not submitted with your claim then the claim representative will contact the agencies indicated and obtain those records. Your claim upon further review may return to this step multiple times.

Step 4: Once all of the evidence is received then the evidence will be review if no more evidence is required to make a decision then your claim moves on to step 5, but if the representative finds it can not make a fully educated decision your claim is returned to step 3 and more evidence is requested.

Step 5: A decision is recommended based up on the evidence in hand and a detailed review is written to explain how the decision was reached.

Step 6: The recommended decision is sent up the chain for further review and a final award approval  is processed. If it is determined that the recommended evidence could be affected by additional information or question arises then the process once again returns to Step 3.

Step 7: Your entire claim decision packet is prepared for mailing.

Step 8: Your packet is delivered… standard shipping times apply…

Keep in mind also that part of the process may require you to have an examination. It takes time to schedule these, submit the exam results, and requires a representative claim review.

As you can see this is a long process and you don’t want it rushed. You want all of your evidence evaluated thoroughly and looked at closely.

How to follow up on your claim:

You can call your local regional office and inquire as to the status of your claim. Make sure to have your case number handy when inquiring as this will make finding your claim much easier. Or you can check the status of your claim on the E-benefits portal… View my Claim Status or you can get assistance from a veterans service officer.

E-benefits also has many resource links and you can even do a search by your state…

 Benefits by State

Don’t forget to file for travel reimbursement!!!

Who is eligible for travel?

• Veterans with a 30% or higher Service Connected for travel related to any condition
• Veterans rated less than 30% for travel related to their SC condition
• Veterans receiving VA pensions benefits for all conditions
• Veterans with annual income below the max applicable annual rate of pension for all conditions
• Veterans who can present clear evidence they are unable to defray the cost of travel
• Veterans traveling in relation to a Compensation and Pension (C&P) Examination.
• Certain vets in certain emergency situations
• Certain non-vets when in travel is related to care of vet (attendants or donors)
• Beneficiaries of other Fed Agencies (when authorized by said agency)
• Allied Beneficiaries (when authorized by appropriate foreign government agencies)

Helpful Links:

Government Benefits by State

Getting Assistance from Your Senator

Getting Assistance for the House of Representatives