U.S. Military (Ret.): How to wade through VA’s disability claims process
Posted : Wednesday Sep 23, 2009 11:15:01 EDT
I get a steady stream of e-mail from retirees frustrated with the Veterans Affairs Department’s disability claims process, particularly the appeals process.
I have experienced that paperwork war myself. From some of the letters I’ve received from VA disability boards, you’d think I had fallen to Earth from outer space and was simply looking for a handout.
The most frustrating thing is that ways to simplify the process have been proposed but never seem to go anywhere.
I believe anyone who leaves the military with at least 20 years of service and does not have some medical issues, either major or minor, is pretty lucky. So why does every disability benefits claim have to go through this torturous paperwork process?
Why can’t Congress get behind the idea that claims from certain types of veterans automatically should be approved, with spot audits to guard against fraud?
Why, for example, does a retiree with 30 years of ground-pounding service and loads of combat experience have to prove to VA that he just might have incurred some physical damage to his body over his years in uniform?
But to borrow from Donald Rumsfeld, we’re stuck with the disability claims process we have, not the one we wish we had. So, a few pieces of advice on appealing a VA denial of an initial claim:
Get help. Local, state and federal representatives can get you started and can even file a claim for you. When I appealed my disability claim, I worked with a state-paid veterans officer who was excited to help me — and told me about a form I had not originally submitted that would let VA track my claim.
Be very specific about any evidence or documentation that you have or you want VA to obtain for you. Names of physicians, dates of treatment, prognoses, whether your physician considers this illness or injury to be a continued problem and whether it limits your ability to work or enjoy a healthy lifestyle — all of this is important. Make copies for both VA and yourself.
Your appeals package should include only what is needed to support your claim — statements from others on your condition, medical records, a personal statement on why you feel your condition is service-related, etc. Keep copies of everything.
Don’t delay. You may file an appeal up to one year from the date the local VA office mails you its initial determination on your claim. After that, the decision is considered final and cannot be appealed unless it involved a clear and unmistakable error by VA.
Lastly: Don’t give up, no matter how frustrated you get. If you think you have a legitimate illness or injury that occurred while serving in the military, then pursue your claim with all the determination with which you pursed a full career in uniform.
If you’re disabled as a result of that service, you have earned those benefits.
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