By Larry Dandridge
Last week’s article should have given military members, veterans, and their family members an idea of how complicated filing a claim with the VA for service-connected disability compensation can be. Hopefully, that article also convinced veterans to:
- Use a VA-accredited Veterans Service Officer (VSO), Attorney, or Claims Agent to help them understand their federal and state veterans’ benefits and apply for them. VSO services are free.
- Do their homework and read as much as possible about filing for veterans’ benefits at www.va.gov, The Island News archives, and other trustworthy sites like www.Military.com and their state Department of Veteran Affairs web page.
- Understand how important it is to quickly seek medical care for any wound, injury, illness, Hazardous Material Contamination/Injury, scars, event, trauma, or condition experienced while serving in the military. It is more challenging (but not impossible) to prove service-connection without your condition being documented in your military medical records.
- The VA, veterans, and their families are going to suffer from the 83,000 draconian cuts the administration is imposing on the Veterans Administration workforce – one quarter of which are veterans themselves.
How to file a service-connected disability claim
The VA’s “How to file a VA disability claim” web page (https://bit.ly/3wYGMRJ) explains:
1. How to prepare before starting an application;
2. Eligibility – https://bit.ly/3GxrxTG;
3. Fully developed claims – https://bit.ly/3CTtFV0;
4. Military sexual trauma – https://bit.ly/4hGn7KI;
5. When to file – https://bit.ly/3m6K3M9;
6. How to file – https://bit.ly/3wYGMRJ;
7. What evidence is needed – https://bit.ly/3w6YGAN;
8. When to submit an Intent to File – https://bit.ly/3Rzq8Qk;
9. Additional forms the veteran may need – https://bit.ly/3KPYQ7I;
10. What happens after a veteran files a claim – https://bit.ly/3H5ClKq; and …
11. Average number of days to VA decision.
That webpage (https://bit.ly/3wYGMRJ) has links to:
— Types of disability claims and when to file (https://bit.ly/3m6K3M9). Types of claims include:
1. Original claim (the first claim filed for disability benefits);
2. Increased claim (a claim for more compensation for a disability that the VA already determined to be service-connected and has worsened);
3. New claim (a claim for added benefits or other benefit requests related to an existing service-connected disability);
4. Secondary service-connected claim (a claim for a new disability that is linked to service-connected disability the veteran already has);
5. Special claim (a claim for special needs linked to the disability); and …
6. Supplemental Claim (a claim to provide new evidence for a denied disability claim).
— Two programs to help speed up a veteran claim decision. Learn about Pre-Discharge Claim Program and Fully Developed Disability Claims at https://bit.ly/3m6K3M9, https://bit.ly/3CTtFV0, and https://bit.ly/3vmbvaa. Learn about Standard Disability Claims at https://bit.ly/3Z7UGNg.
— *Evidence/documents needed for your claim (https://bit.ly/3w6YGAN). Evidence may include your DD214, military medical records, VA medical records, civilian medical records, military personnel records (efficiency reports, performance appraisals, line of duty investigations, etc.), doctor’s diagnoses, nexus letter connecting service event to causing the disability (from Physician, PA, NP Specialist, Therapist), accident reports, incident reports, awards (Purpleheart, etc.), Lay Witness Statements, OSHA reports, MP/Police reports, unit histories, newspaper articles, pictures, Hazardous Material Incidents reports, VA self-assessment, a statement in support of claim, Separation Health Assessment (DBQ-Disability Benefits Questionnaire), other DBQs, Counseling statements, Chaplain records, personal diaries, list of your current medications, and others.
*Note: Law requires the VA to tell veterans what evidence they must provide to support their disability claims. The VA rating system is based on the average impairment of earning capacity a disability would cause in civilian employment. The current compensation rate for a 100% service-connected disabled veteran with a spouse is $4,044.91.
— Disabilities that appear within 1 year after discharge (https://bit.ly/3KPYQoe). If veterans have certain long-lasting conditions that started within one year after their discharge, they may be eligible for VA disability compensation. Eligible conditions include high blood pressure, arthritis, diabetes, or peptic ulcers.\
— Get help from a VA-accredited representative (https://bit.ly/3WwDXmN). An accredited attorney, claims agent, or Veterans Service Officer (VSO) can help veterans file a claim or request a decision review. VSOs must pass a police background investigation, be trained by a Veterans Service Organization, the VA, and their state’s Department of Veterans Affairs, pass an exam, and take continuing education courses. VSO services are free.
— How to find a VSO. Each South Carolina county has a Veterans Affairs Office. Veterans can search for VSOs, Attorneys, and Claims Agents nationwide at https://bit.ly/3QnCk5M). Veterans can search for VSOs at VBA Regional Offices at https://bit.ly/3WQp0e3. Find S.C. County VSOs at https://bit.ly/3qbLVSL. Find Georgia VSOs at https://bit.ly/44KMVA7. Find N.C. VSOs at https://bit.ly/4ghZqHW. Veterans can find a (by state) Veterans Affairs office directory at https://bit.ly/4iVZIWC.
The bottom line
Veterans should follow the following steps to file a service-connected claim with the VA.
- Get treated for every medical problem (physical and mental) as soon as possible.
- Get a copy of all your military medical and personnel records when you leave military service.
- Read this series of two articles and the referenced VA, The Island News, and other websites and articles.
- Determine if you are eligible to file a service-connected disability with the VA by asking your VSO and reading the information at https://www.va.gov/disability/eligibility/.
- List your service-connected health conditions, with symptoms (frequency, duration, pain level, and impact on your daily life). You can claim service connection for conditions caused by military service that showed up during service, conditions before service worsened by military service, and conditions caused by service that showed up after service.
- Gather any evidence to submit when you file your claim.
- Make an appointment with your local VSO to discuss your veterans’ federal and state benefits.
- Ask your VSO to represent you to the VA and help you file claims.
- Be specific and honest in describing your condition’s symptoms, frequency, range of motion, and pain level.
- Be your best advocate. If you cannot advocate for yourself, ask a family member or friend to help by attending your meetings with your VSO and the VA.
- Do not miss your Compensation and Pension (C&P) Examinations and get a copy of the C&P Report. If the C&P is not favorable, submit rebuttal evidence from your doctors.
- Many first-time applications are denied. If this happens, do not give up. Contact your VSO, or if the VSO recommends it, hire a VA-accredited attorney to help with your appeal.
Larry Dandridge is a Vietnam War wounded warrior, disabled veteran, ex-Enlisted Infantryman, ex-Warrant Officer Pilot, and retired Lt. Colonel. He is a past Veterans Service Officer, a Patient Adviser at his local VA Hospital, a Fisher House Charleston Good Will Ambassador, and the past VP for Veteran Affairs for the local Army Association and Military Officer Association Chapters. Larry is also the author of the award-winning Blades of Thunder (Book One) and a contributing freelance writer with the Island News. Contact him at LDandridge@earthlink.net or 843-276-7164.
