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VA Disability Tips Updated:
A conversation which arises regularly surrounds the process and "roadblocks" with filing for VA disability. It is my opinion that ALL veterans should file for disability. Regardless of your service, there will be something which negatively affects your life after your ETS date. This article is NOT the "be-all-end-all" for filing a claim. This is the path I used, and these recommendations here have been used successfully by other vets. YMMV and none of this is intended to be legal advice.
First and foremost, get your medical records. If still on active duty/nearing ETS, see medical (TMC/hospital/whatever) and make sure to note all issues so they are recorded in your file. If it hurts, tell them and make sure it is recorded! Get a copy of your final records, and verify everything is recorded, before you ETS. If you have already separated, request a "full copy of all active-duty medical records" from "archives"/St. Luis. You can file this request on the VA website, or the "National Archives" (#BasicInformation" target="_blank" rel="nofollow noopener">vetrecs.archives.gov/VeteranRequest…). It may be necessary to request both Inpatient and Outpatient records. I had to specifically request "All active-duty medical records", otherwise they only sent my DD-214. This can take months, in my case almost a year, and I received a CD with all scanned copies. I made several copies to be sure I didn't lose them... Before you ETS, or as soon as possible, submit an "intent to file" for disability. This “starts the clock” for disability compensation once your levels are established. va.gov/disability/how…
Your initial claim is likely to be denied. This has happened so often to other vets that it should be expected. The claim will require references connecting your disabilities to your service, "service connected", to count towards compensation. There are three websites I used to learn how to file my claims: DISCLAIMER: I am NOT ASSOCIATED with any of these companies/entities, only that the information gained assisted me in my claims:
hillandponton.com/va-disability-… helpful in understanding "VA Math". They are also VA Disability attorneys, although I did NOT engage them in that capacity.
https://militarydisabilitymadeeasy.comThis website has a subscription cost associated but was very helpful in understanding HOW the VA rates disabilities, and HOW medical conditions interact. One thing many have noted is we (veterans) tend to compensate for difficult or painful movement (FIDO), but THAT is what is evaluated. Reduced range of movement or pain when moving is measurable and part of the rating!
https://valor4vet.comAlso has a cost associated but was invaluable in helping me to gather and validate the evidence needed to support my claims, and to obtain "Nexus Letters" (an independent medical opinion) in support of those claims.
The VA website benefits.va.gov/compensation/d… Disability Benefits Questionnaires available which explain the VA guidelines. I have discussed this with civilian doctors, seeking help filling these out, but invariably they decline. “I don’t know how they want those completed, so no.”
There are other companies/websites which would be valuable, but these are the ones *I* used. Again, YMMV, I only recount MY journey. In some cases, it may be helpful to engage with a disability attorney who focuses on military disability. I did not do so.
You can do this on your own. However, it is not a simple task, and you must remain focused on the mission. Having said that, recall the above statement: Your initial claim will likely be denied. This is NOT the end of the mission; it is the beginning of a long slog through the mud. Any denial should be appealed within one calendar year of the denial! This keeps the clock ticking. As long as you don't let the clock wind down to "0", your claims are still in play. The VA pays backpay once a rating is set and approved, although they have set a limit on how far back they will pay (I have been advised it is two years).
There are "presumptive" disabilities: back, knees and ankles for many; tinnitus is common (usually only 10%); hearing loss for artillery/aircraft mechs/generators, etc.; there are others. Even the presumptive conditions may need medical records OR a Nexus letter connecting them to military service. I know a Ranger who was injured on a jump and had back surgery TWICE yet required a Nexus letter for back conditions!
All claims will require a medical evaluation, usually by a third party contracted by the VA. A common contractor is VES (Veteran Evaluation Services?). I had several such appointments.
A quick note about mental health ratings. "Depression" is a fairly common occurrence in today’s world. There is a difference between "clinically depressed" and having "depressive episodes". If your pet dies, you will feel depressed, but only for a time. This is a depressive episode, not likely "clinical depression". If you see a counsellor/therapist for mental health, discuss this with them because it has a serious impact on other aspects of your life.
To recap:
1.
a. Get all active medical records (civilian also if they support your claims). (in parallel with 1b)
b. File your claim. (in parallel with 1a, don't wait!) You can file your claim while waiting for your military/medical records.
2. APPEAL ALL DENIALS!
3. Gather and submit your evidence.
a. Obtain Nexus letters and "buddy letters" (if you can get someone who witnessed/is familiar with your circumstances).
4. Make sure you understand what is evaluated and how.
5. Stay the course. You signed on the dotted line, you served, don't let it go.
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