IRAQ AND AFGHANISTAN VETERANS: HOW YOU FILL OUT VA CLAIM FORMS

THE LEGACY (2000-2008)

Wednesday, 9 April 2008

IRAQ AND AFGHANISTAN VETERANS: HOW YOU FILL OUT VA CLAIM FORMS

Posted By Bobby Hanafin, Major, USAF-Ret at 6:15 PM

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I wish to express my sincere appreciation to Hazel Davis for posting a listing of the many VA forms Veterans have to maneuver through. She, along with my own most recent expose of VA foot dragging on the relationship between PTSD and TBI or TBI and PTSD, inspired me to pull out of my memory HOW I successfully filed a series of VA Claims on my own between 1994 when I retired from the Air Force, and 2000 when I was rated 100% service-connected. Keep in mind that I once worked for the VA in benefits and compensation, so that experience alone gave me insight on how to properly fill out a claim from a legal view that the VA adjudicator would find hard to deny without bringing on a lawsuit.

Let’s face it not every Veteran in need of VA assistance can either afford to sustain a lawsuit or think they can afford a lawyer – WRONG. This is why VSO on split on the ability of Veterans to have legal guidance and support in filing claims. I do not know ONE Military Retiree who would have second thoughts about seeking legal litigation against the VA, or DOD for that matter, if they passionately felt wronged, medical malpractice or discriminated against in their claims.

IRAQ AND AFGHANISTAN VETERANS:How you get access to info and file a VA Claim on-line inthe comfort of you own home. This notification and guidance in fact comes from the official VA website, however I redesigned it with YOU in mind. VA Benefits for ALL OIE and OEF Veteranshttp://www.seamlesstransition.va.gov/

VA Benefits for Reserve and National Guard Troops (not federalized/not on active duty) http://www.seamlesstransition.va.gov/res_guard.asp

Military regulars (RA, etc.) are not covered by any VA benefits until they are discharged. Note: that even if you have a remaining service commitment in the Individual Ready Reserve (IRR), you ARE eligable for VA benefits and can file a VA Claim.

The Department of Veterans Affairs says that it wants “to help all recently discharged Veterans, Reservists, [and National Guard members] make easy transitions from the military to the VA healthcare system. Frankly, I believe from experiencing both the Civil Service Disability Retirement system, and the VA Compensation system that the federal government expects YOU the Veteran to find the information you need and come to them.

I believe that those of us who already receive both compensation, treatment, and some of us even employed have an obligation to show younger Veterans THE ROPES of how to maneuver the VA Claims maze. I for one have been lax on this with my attention on Ending the War. What I’ve written IS NOT a magic solution that will get you through the backlog of claims but YOU have to start somewhere, and YOU would be months ahead of those serving in Iraq and Afghanistan who NOW feel they have no need for VA assistance. Once there is a mass redeployment of troops, especially National Guard troops, to CONUS they can expect a SURGE in VA Claims. Unless you feel that VA benefits are beneath you, then take charge and lead that SURGE. To start receiving VA medical benefits, here is what you need to know: http://www.visn10.va.gov/oifoef.asp

* You have two years from your date of discharge to receive VA healthcare.

* You can enroll for care by:

Going to a VA medical center or community-based outpatient clinic near you – in your State. http://www1.va.gov/directory/guide/home.asp?isFlash=1
Mailing or faxing the completed 10-10EZ form to your nearest VA medical center or community-based outpatient clinic. For expedited adjudication ensure that you send your claim to the VA District or Central Office serving your state, it is usually located in a federal building at your state capitol but no always: http://www1.va.gov/directory/guide/home.asp?isFlash=1
Completing the 10-10EZ ONLINE enrollment form http://vabenefits.vba.va.gov/vonapp/main.asp
If YOU choose to have a VSO representative fill out this form yourself: http://www.vba.va.gov/pubs/forms/VBA_21-22-ARE.pdf

Select the VSO of your choice, I advise a few below, ensure you know where their office nearest you is located, because this form does NOT go to the VA, it goes to the VSO that YOU select. You will be amazed which VSOs are on the list and which are not. There is only one that I believe is seriously non-political or has a Nationalist agenda = Swords to Plowshares, Veterans Rights Organization, Inc. [see other recommended VSOs below, but the choice is YOURS to make. You DO NOT have to be a member of a VSO to be sponsored by one. Their job is claims assistance NOT membership recruitment. If recruitment more than claims processing appears to be their emphasis and motivation in assisting you, I strongly suggest finding another VSO to represent you. Robert L. HanafinSP/5, U.S. Army (69-76)Major, U.S. Air Force-Retired (77-94)

Instructions for filling out the appropriate VA Claim Forms

http://vabenefits.vba.va.gov/vonapp/instructions.asp

VA Forms SEARCH engine (include DOD Forms)

http://www.index.va.gov/search/va/va_search.jsp?QT=VA+Forms

The VA Application Forms Website

http://www.va.gov/vaforms/

NOTE: You do not have to be sponsored by nor have any Veterans Service Organization or Officer file this claim for you. If you are smart enough to turn on a computer, have your act together with evidence from your military medical records, or from a private physician, that is all that is needed. Despite rhetoric to the contrary our Armed Forces has recruited most of the brightest young men and women not only from American towns and hamlets, but also from immigrant groups. One and all are members of the computer generation - YOU CAN FILL OUT THESE FORMS!

Note: To reduce processing time, you may submit the following paperwork

a copy of your discharge papers (DD-214 or “WD” form) if you are not currently receiving benefits from VA, military service records indicating that you received a Purple Heart Medal, or evidence that you received hostile fire or imminent danger pay or a a combat medal after this date if you indicated that you were in combat after November 11, 1998. These are the only ways that I am aware your claim may be EXPEDITED.

In addition to the above information, ensure that you have a copy of your active duty medical records, this is important for you Reservists and National Guard members that have remaining service commitments, in your possession at all times and keep it current. Military members and Retirees have not been allowed to retain their own medical records since before the invasion of Iraq, but WE are strongly encouraged by military medical facilities to maintain a facsimile copy at home. In the event you are a Reservist, National Guard member, or Veteran who has been referred to or prefer to be examined by a private physician at your own cost, ensure that your private doctor documents your condition including fitness for military duty, his/her opinion of your condition being service related. The Pentagon will most likely challenge the credibility of private medical personnel it cannot control, but the VA does not have that luxury, it must accept all medical evidence regardless the SOURCE. I would draw the line on going to Canada or Mexico for medical evidence though. (WINK) If the VA refuses to accept documentation from a private physician, YOU have the RIGHT to seek legal litigation outside the VA Appeal process.

Key: locate any attorney familiar with either challenging the VA for malpractice and claims, or a lawyer trained in Social Security adjudication issues. The concepts the attorney needs to know to file a lawsuit or claim on your behalf against the Federal government are similar.

Veterans Claims Act of 2000 and Duty to Assist

This law requires that the VA obtain any records in the VA's possession, or within any other Federal agency [that includes DOD, and it is VA's responsiblity to do this NOT YOU! That said, remember what I advised about maintaining a copy of your own active duty military medical records (WINK). The law also mandates the VA tell the claimant [YOU] exactly what evidence is needed to support YOUR claim. The VA now must make several efforts to obtain any evidence identified by the claimant. If the VA fails to do this then adjudication legally should go in benefit of the doubt toward the claimant (YOU). Any VA foot dragging and ensure you fork up 50 bucks to find out how much a lawyer will charge to hold your hand through the Appeal Process or worse. Ensure the VA knows that you are willing and able to resort to the courts, but only if you strongly feel the VA is jerking you around. Admittedly, this is easier for officers to do than young enlisted, but YOU need to know YOU CAN within reason get legal or para-legal aid. Speaking of which:

Evidence to support a claim

By law, the burden of proof falls on the veteran or dependent. [Despite the VA's responsiblity to locate your medical evidence from other federal agencies - DOD] Even though the VA is now required to look for evidence, this may take many months. You can help your claim and speed up the process if you can already have or can quickly obtain THIS supporting evidence.

Evidence can be any number of items:

YOUR own statements, especially those of combat veterans claiming a "combat related" injury or illness;
Statements from friends, relatives or anyone that has knowledge of your disability and its relationship to military service;
Medical evidence. [this can come from any source and is the STRONGEST evidence for any VA Claims adjudicator to challenge. [Always go into the VA Claims process with the knowledge that a VA Claims Adjudicator IS NOT YOUR FRIEND! Thier job is to process your claim fairly and impartially, but their prime directive is to SAVE $$$ by denying claims.]

Any lay statements must fit certain criteria and are not always helpful. Some can be harmful to your claim. [This is what I mean by NEVER express you politcal views either orally or documented for you run the risk of having a VA Adjudicator or even a VSO sabotage your claim solely based on difference in political views of the claimant and VSO or adjudicator.] You should discuss any statements with your veterans representative or legal assistance before submitting it to the VA.

An example of an effective lay letter is for YOU to be able to rationally explain why you or your family believes you should recieve the degree or percentage of compensation your are claiming. Those with PTSD or any related Mental Illness can make their own case that STIGMA alone of having been diagnosed with Mental Illness or having seen a Psychiatrist are question asked on most every Employment Application. Social stigma is the fault of American society NOT YOUR FAULT. However, the point is the unless you try hiding your medical history (if you are as honest as the Armed Forces expected you to be on active duty) then you will NOT hide your medical condition from any potential employer. STIGMA has been bounced around by all sides of the political spectrum in dealing with PTSD or downplaying it. Now YOU use STIGMA to your advantage to seek the highest rating humanly possible. If you prefer a lower VA rating of lets say 10 to 30% that will not impact nor limit your ability to work. The VA also has employment assistance, rehabilitation, and employment locators available to ensure you continue to be gainfully employed BUT that does not stop your from seeking or EARNING VA compensation.

It is highly recommended for political influence [clout] if nothing else that you have the sponsorship of a VSO. All this requires is another VA Form that you send to your favorite VSO (take a pick) not the VA!

LINK TO ALL VSOS CHARTERED TO SPONSOR CLAIMS WITH THE VA

http://www1.va.gov/vso/index.cfm?template=view&SortCategory=4

Note that not one Iraq and Afghanistan Veterans' group is on this list although Vietnam War and Era Veterans groups are. Your Veterans group or organization needs to put pressure on Congress to at least get one War on Terror Veterans group included on this listing regardless of the Veterans groups politcal views. If YOU are chartered via the IRA as a non-partisan, non-profit group, there is no way your VSO emblem can be banned from any VA Hospital your tax dollars pay for.

You will of course run into opposition, rest assured that Vietnam Veterans of America (VVA) did not get on this list overnight due to former ties with VVAW. It is time to make this listing truly non-partisan and not based on nationalistic or political views. The VA Hospital system belongs to ALL VETERANS, because the American people pay for it NOT the American Legion or VFW, regardless your political views.

List of Chartered Veteran Service Representative authorized to represent your VA Claim processing. In my opinion these are the organizations I personally feel will not seriously care what your views on YOUR WAR. For those Veterans active in the anti-Iraqnam War movement, I would strongly suggest Swords to Plowshares, Veterans Rights Organization, Inc, or the National Veterans Legal Services Program. I cannot speak to the African American VSO representatives, but I believe they also would be most non-partisan nor care about your political views. If anyone has information to the contrary by all means contact me.

African American PTSD AssociationAmerican Red CrossNational Association for Black Veterans, Inc.National Veterans Legal Services ProgramSwords to Plowshares, Veterans Rights Organization, Inc.

Most VSOs are overwhelmed with claims from Veterans of all wars and all eras, or they and WE would not constantly be complaining about a backlog, so illuminating the middle person is the fastest way to get your claim into the VA system that. I personally would only recommend using a VSO if you have no clue what you are doing.

You can fill out a VSO representative form on-line also and not even have to join a VSO, but it may be beneficial to join one for a year’s dues then the rest is up to you.

If you seriously need assistance completing the form, contact:

The Enrollment Coordinator at your local VA health care facility.

VA’s Health Benefits Service Center at 877-222-VETS (8387),

A State or County Veterans Service Officer

In my personal experience filing several VA Claims, I found that if you are capable of filling out a Short Federal Income Tax Form 1040E, then you can do this YOURSELF. If you are really in no condition to fill out the form or get lost doing it, my second suggestion is a State or County Veterans Service Officer who has been trained by the VA in filing claims. DO NOT, I REPEAT DO NOT, allow any State of County VSO to discourage you from filing any claim THAT IS NOT THEIR JOB. Some may tell you (with a hidden agenda) that based on their knowledge of the VA system you do not have a case or claim. If I had accepted the piss poor attitude of my second Greene County, Ohio VSO, I would never had gotten 100% service-connection on my own. He had the attitude that the VA was a welfare system so military officers should not have disabilities. The VA is not a charity Hospital or welfare medical facility despite STIGMA to the contrary. The same goes for YOUR political views! Leave them at the VSO office doorway, make no statements questioning or in opposition to the war at least until regime change in Washington or you get you VA Claim approved to your satisfaction. There is no question on any VA Form (except maybe employment application) that is going to ask you your political views on YOUR WAR. It is a non-administrative and bureaucratic issue, so keep it so. That is another reason to stay away from any VSO that you know for sure has a partisan legislative agenda either for or against War or ties to the Defense Industry. Avoid The Military Coalition and its members at all cost. http://www.themilitarycoalition.org/Members.htm

The emphasis and priority of TMC is large Defense Budgets NOT large VA Budgets despite rhetoric from some of their members that they advocate Mandatory Funding of the VA. It is no coincidence that DAV has become the spokesgroup on Mandatory Funding due to the ties that the American Legion and VFW have with the Defense Industry. The Legion is not a member of TMC, but makes no secret where their legislative prorities are: The Flag Amendment, and Big Ticket Defense Budget to support Bush's War.

POINT: TMC member groups are extremely right-wing partisan.

You will not find ANY anti-war organization on the listing of chartered or non-chartered organizations recognized by the VA anyway – due to discrimination based on political views.

Let’s see what WE can do about THAT in a post-2008 environment!

Use the links below to find out all the information you need to know in order to file a claim for VA compensation or any VA Benefit including educational assistance MY FAVORITE!

Benefits

Veterans Benefit Information

Online Applications

Federal Benefits Booklet

Eligibility

VA Eligibility Home

Seamless Transition

Services

Transition Assistance Program

OIF/OEF Veteran Services

Vet Centers

PTSD for OIF/OEF Vets