Being released from active duty soon, or been separated within the past year? If you suffered any injuries or major illnesses while on active duty, or active duty for training (Reserves and National Guard), you are entitled to file a claim for disability compensation benefits with the US Department of Veterans Affairs (VA)
This is a completely separate and independent evaluation from anything the military did, or didn't do, prior to your separation. In other words, it doesn't matter whether the military found you fit for duty or not, or whether the military acknowledged any disability resulting from your injury or illness.
This is a very important point! Why is it important you may ask? The reason is because in a few years you may have some serious arthritis in that leg you broke while jumping out of airplanes, or a need for further arthroscopic surgery on your bad knee.
All of these types of residual medical problems may require ongoing and expensive medical services and may also limit your ability to work in your chosen field. The State Police simply don't need officers with arthritic knees and forget about many other physically demanding jobs as well!
Even if you pass an employment physical, the constant strain on your back, or knee (etc.) and chronic pain will definitely put a crimp on your career and effectiveness!
The point is, that receiving recognition for having a "service-connected" condition (disability) will establish your eligibility, with the VA, for a number of important benefits that you may need in the future. These benefits include medical care, monetary compensation and access to further education and retraining.
What you will need for making a claim with the VA, is a copy of your DD214 (separation from active duty), a copy of your service medical records, especially with regards to your claimed injury or illness, and some personal assistance in helping fill-out your claim application (strongly recommended!).
Naturally, you will of course need the claim form for Compensation Benefits (VAF 21-526). This form is available from your local VA Regional Office, call toll free 1-800-827-1000, or download online from http://www.va.gov/vaforms/ .
If you don't have copies of your medical records, you will need to know the dates of treatment etc. The VA will then attempt to get these records from the military, with your permission.
I highly recommend that you obtain the assistance of a Veterans Service Officer when filling-out your claim for benefits. The reason is that these people are usually very knowledgeable and proficient in this field. They know the system well and will also assist you in appealing your case, if necessary. They can often make the difference in a successful outcome, as they are well aware of all the VA regulations and procedures that can make a difference.
Remember, the rating process is like a court of law, you have to prove your case, based on the evidence presented. The VA rating board is not representing you, they are representing the Federal Government's interests.
So, who are these Service Representatives? They are employed by a variety of groups and government entities, outside of the VA and Federal Government. They include such groups as the Disabled American Veterans (DAV), American Legion, VFW and State/County Veteran Service Officers.
All of these groups will represent and assist you FREE of any charges. You may join ,or not join the organization as you see fit - it simply doesn't matter.
There are also some other fine organizations with Service Officers, including Paralyzed Veterans of American, Military Order of the Purple Heart and Blinded Veterans of America.
All of these groups are certified and accredited by the VA to provide claim assistance to veterans. You can call your local VA Regional Office for contact information at 1-800-827-1000, or look these groups up online.
So, get your information and records together, obtain a Service Representative that you can work with and get your claim in to the VA right away. Don't procrastinate!
It's naturally much easier to pursue a claim now, than in 5 or 10 years. You'll be amazed at how much you forget and this hurts your chances of being successful. Also, there is a time penalty for waiting to file your claim.
If you file your claim within 1 year of your separation and your're successful, the effective date of benefits is your separation from active duty date. If you wait until after 1 year of your separation and you are successful, the effective date of benefits is the date that you first filed your claim.
Good luck, best wishes and thank you for your service to your country.
Author: Information Gregory Marlett g_marlett@hotmail.com I welcome emails related to this article For more information, visit http://vetadvo.blogspot.com Copyright 2006 All Rights Reserved
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5 comments:
Hi Greg~I just wanted to thank you for the hard work you've put into this blog. I just added a link to your site. Maybe it will help. I don't really know. Anyway my husband passed away in 2005 due to exposure to AO. I am just trying to add my 2 cents worth and tell his story. Thanks again.
I'm sincerely sorry for your loss and that it's taken so long for my response! I will definitely link to your blog as well - these are stories which must be told.
Thanks,
Greg
You commented "get your claim in to the VA right away. Don't procrastinate!" I would like to add that one should look over their medical records and paper work very carefully and do not rush through it. In addition, when your paperwork comes back from the VA be sure to read it carefully.
I say this from experience. As I did retired in 1977 and got everything done quickly. When my approval came back with 40% and I was content. After about five years some medical issues worsened and so I filed for an increase to some and added a claim for PTSD that I never heard about nor was asked if I had any traumatic experience from the VSO who helped me the first time. When the VA denied my increase request, I shrugged it off as a standard. I never read the entire packet either time. 10 years later medical issues have became worse. When I decided to file another claim, I had some difficulty in remember dates, times, and specifics. So I went through my medical records and made a list of appointments and diagnosis. Then I thoroughly read through the VA packets and compared them both to the VA Forms that the VSO's had filled out for me. I discovered that some medical issues were not in the claims, some of the VA reasons did not match. Instead of letting the terminolgy confuse me I used the Internet to find out definitions of those medical terms and discovered that some of the medical terms differed. I am still working on my VA Claim as I keep finding more items that should have been filed or needed the correct medical term and then gathering all the evidence. Thank goodness I save everything. My packet is almost an inch thick. The bottom line is that had I took the time to read or have some one explain my medical records, to reseach the medical terms, and carefully reviewed everything before quickly whipping out my original claim...I could have save a great deal of headache and trauma now.
Thanks for your information! I may be traveling down a dead end road because my Father was injured during a training drill in 1963. His leg was nearly blown off just below his knee and he would not allow them to amputate. After 14 months of care he was released from service being told the bone in his leg was healed. We found out two years ago through a series of tests when he nearly died that his leg was wired back together. He was lied to all these years. I've seen him limp my entire life and work tough labor jobs to keep food on our table when all along he was entitled to some type of benefit from the military. When I questioned why he did not file a claim he said he tried and was told the medical records department of the hospital had burned in a fire. I'm probably not going to get anywhere, but seeing my aging Father in poor health counting pennies is a difficult situation. Maybe too late, but this is a great start. Thanks!
Hence, at this juncture, having a qualified and specialized disability attorney can provide you representation and an advantage of reassurance to turnaround things effectively in your favor. Experienced Disability lawyers are well-versed with every intricate legal bylines regarding the disability claim program. They will analyze the circumstances of the case thoroughly and accordingly chalk out defense strategy in the interest of the claimant (applicant).
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