The A - Z Guide: Veterans VA Disability Benefits
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Pro Tips; The VA Disability Claim
Steps That The Professionals Recommend
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How do the pros win cases? Do the lawyers and experienced and successful Veterans Service Officers know something that you don't?
Of course they do. That's why they win.
This page is devoted to the details, the little things you may not think important that will make or break whatever it is you're trying to accomplish with your VA.
Following these tips won't guarantee that you will prevail. It will better the odds in your favor.
The VA process of adjudication (making a decision) on your claim is straightforward. If you stick to the rules from the start, your claim is more likely to have a smooth trip through that VA Regional Office of yours. If you try to manipulate the process or if you don't think the rules should apply to you, you lose.
Good luck.
Pro Tip: I wish I'd Thought of That! A Pro Tip From Veteran Scott Millard
Jim;
I may be stating the obvious, but I want to
give every Veteran a heads up. If you are an active user of the
MyHeathEvet website, listen up.
When you use the new Secure Messaging system to communicate with your Primary Care doctor, each message is instantly entered into the VISTA system and becomes a permanent part of your medical record. I use it to document symptoms, medication reactions, and consult requests.
I really think this is a great tool for the veteran. I used to have to write everything down and then hand it to the doctor for them to translate and evaluate. This gives me the opportunity to document symptoms in the "moment", as they are happening. I totally believe that this can be a win-win tool for both Veterans and their physicians, as long as it is used properly.
Ranting and raving obviously, whether in person or though Secure Messaging is counter-productive no matter what.
One simple rule...if you can't control your tongue or keyboard, have a spouse or friend as a "mediator".
Scott;
Thanks for sharing this discovery. This has the potential to revolutionize how we get important data into our records.
That last sentence may be the most important of all. Don't risk losing your credibility by ranting.
When you use the new Secure Messaging system to communicate with your Primary Care doctor, each message is instantly entered into the VISTA system and becomes a permanent part of your medical record. I use it to document symptoms, medication reactions, and consult requests.
I really think this is a great tool for the veteran. I used to have to write everything down and then hand it to the doctor for them to translate and evaluate. This gives me the opportunity to document symptoms in the "moment", as they are happening. I totally believe that this can be a win-win tool for both Veterans and their physicians, as long as it is used properly.
Ranting and raving obviously, whether in person or though Secure Messaging is counter-productive no matter what.
One simple rule...if you can't control your tongue or keyboard, have a spouse or friend as a "mediator".
Scott;
Thanks for sharing this discovery. This has the potential to revolutionize how we get important data into our records.
That last sentence may be the most important of all. Don't risk losing your credibility by ranting.
Pro Tip: Do you really have a claim?
Veterans are allowed to file for anything (injury, illness) they believe is connected to their military service. Not that long ago VA required that your claim be "well grounded" or they didn't have to adjudicate it.
Today you can file for anything that comes to your mind. However, if your claim doesn't have evidence, if you don't have a current condition, if you haven't been treated for what you want to claim, do your homework before you file.
Pro Tip: Use certified mail with return receipt requested.
Telephone calls, emails and so on are lost and have little meaning. The certified letter gives you solid evidence of your communication date and what it was you said to VA.
Pro Tip: Send a certified letter asking for your complete C-File.
Do this as soon as you begin to perfect your claim. It may take months to get it so don't delay. Many attorneys won't do this for you. Make a copy to work with and keep a clean copy in a safe place. Get your medical records, both civilian and VA. VA often can't get civilian records due to the costs imposed by civilian facilities for copying.
Do this as soon as you begin to perfect your claim. It may take months to get it so don't delay. Many attorneys won't do this for you. Make a copy to work with and keep a clean copy in a safe place. Get your medical records, both civilian and VA. VA often can't get civilian records due to the costs imposed by civilian facilities for copying.
Pro Tip: The Well Written Letter is Your Best Friend.
Veterans want to talk to someone. The thinking that, "If I can just get to that one
individual who will listen to me, this can be resolved in minutes."
When vets call VA they may notice that a single toll free number is available to contact
VA from anywhere in the U.S. The number does not connect to a Regional Office where
files are located, it connects to a "call center". The call center staff do not have access
to any files, they are not decision makers and can not take any actions on any aspect of
the case.
(If you are an accredited attorney, VSO or agent, you may have access to internal
phone numbers and systems not available to others. This hint may not apply to you.)
Once the veteran hangs up, the call is lost to history. There is no record of what was
said or of any commitments made by the call center representative.
Any and all communication to VA should be made via certified letter, return receipt
requested.
Letters should be brief and strictly factual. There should be no venting or any release
of any frustrations. Letters to VA should be as respectful as any documents VA will
send to the veteran. Always double check to ensure the accuracy of addresses, that the
document is signed and that any reference numbers have been included on each page.
The veteran or advocate who communicates via certified mail, RRR and who carefully
builds an organized paper trail is usually at the head of the race for benefits.
Veterans want to talk to someone. The thinking that, "If I can just get to that one
individual who will listen to me, this can be resolved in minutes."
When vets call VA they may notice that a single toll free number is available to contact
VA from anywhere in the U.S. The number does not connect to a Regional Office where
files are located, it connects to a "call center". The call center staff do not have access
to any files, they are not decision makers and can not take any actions on any aspect of
the case.
(If you are an accredited attorney, VSO or agent, you may have access to internal
phone numbers and systems not available to others. This hint may not apply to you.)
Once the veteran hangs up, the call is lost to history. There is no record of what was
said or of any commitments made by the call center representative.
Any and all communication to VA should be made via certified letter, return receipt
requested.
Letters should be brief and strictly factual. There should be no venting or any release
of any frustrations. Letters to VA should be as respectful as any documents VA will
send to the veteran. Always double check to ensure the accuracy of addresses, that the
document is signed and that any reference numbers have been included on each page.
The veteran or advocate who communicates via certified mail, RRR and who carefully
builds an organized paper trail is usually at the head of the race for benefits.
Pro Tip: State Your Claim Clearly and Precisely.
Although VA is often forgiving when the veteran isn't clear about what benefit they seek,
the advantage always goes to the veteran who clearly communicates why they are
making a claim and what they believe the outcome should be.
Consider:
"I want to claim my agent orange benefits because I am sick from that stuff. Also I need
the money before I lose my house in the divorce."
"I am a Vietnam veteran. I claim that exposure to Agent Orange has caused my
diabetes. I have read The Schedule For Rating Disabilities and according to the criteria
set by VA, I am eligible to have a disability compensation rating of 40%. I have included
my medical records."
If you were the "Rater" who opened those files on your desk at about the same time,
which statement do you believe would get through the process of adjudication the
quickest?
Note that the claim and expectation is in plain English. The veteran or advocate doesn't
have to copy and paste in large segments of the law...that VA Rater already knows all
that. Writing to the person at VA just as if you were speaking to them works well.
A brief but thorough written communication to the VA Regional Office is a prime
ingredient to encourage VA to swiftly generate a fair award to the deserving veteran.
Although VA is often forgiving when the veteran isn't clear about what benefit they seek,
the advantage always goes to the veteran who clearly communicates why they are
making a claim and what they believe the outcome should be.
Consider:
"I want to claim my agent orange benefits because I am sick from that stuff. Also I need
the money before I lose my house in the divorce."
"I am a Vietnam veteran. I claim that exposure to Agent Orange has caused my
diabetes. I have read The Schedule For Rating Disabilities and according to the criteria
set by VA, I am eligible to have a disability compensation rating of 40%. I have included
my medical records."
If you were the "Rater" who opened those files on your desk at about the same time,
which statement do you believe would get through the process of adjudication the
quickest?
Note that the claim and expectation is in plain English. The veteran or advocate doesn't
have to copy and paste in large segments of the law...that VA Rater already knows all
that. Writing to the person at VA just as if you were speaking to them works well.
A brief but thorough written communication to the VA Regional Office is a prime
ingredient to encourage VA to swiftly generate a fair award to the deserving veteran.
Pro Tip: Understand the VA Disability Claims Process.
VA is a business. Businesses large and small are similar in many ways. Each business
has a product. Whether manufacturing widgets, caring for patients in a hospital or
selling flowers, what a business does at the end of the day is its product.
One of the important products of VA is the fair and timely adjudication of a veterans
claim for disability benefits. This occurs within the Compensation and Pension (C&P)
division of the Veterans Benefits Administration (VBA). The VBA is one part of the
Department of Veterans Affairs.
To build the VA product means that raw material (The VA Form 21-526 application
and supporting evidence) enters via the mail room and through a defined process, the
accumulated material is formed into an adjudicated decision. Subsequently a letter of
award or denial is delivered to the veteran.
Businesses are often divided into categories that define how they operate. Some
businesses are customer driven. In a customer driven business the customers largely
define the end products that the business produces. This might be true of Ben and
Jerry's ice cream, for example.
Other businesses are driven by a pre-defined, complex and rigid process. Companies
or entities that are regulated by strict laws are often process driven; The IRS, medical
device manufacturers and pharmaceutical manufacturers are oriented to numerous
processes, laws, rules and regulations that control how they operate.
The VA is a process driven business. To the VA the process of adjudication of the claim
is a goal unto itself. VA "customers" are paid scant attention. Crossing T’s and dotting
I’s are seen as integral to accomplishing daily goals.
There is little room for “customer” error in the VA process. Mistakes in completing the
process are not often overlooked or forgiven.
The process of getting the VA Form 21-526 from input to decision and notification is the
driver for everything done at the VA Compensation and Pension service.
The veteran and/or advocate who may try to skirt around the process will do so at
their own peril. If a notice received by mail tells the veteran that an adverse action
is being proposed, it also tells the vet that in order to disagree with the proposal the
veteran must take certain actions. Usually the required actions involve a timely written
communication to the VA from the veteran.
Many veterans ignore this step in the process and start a series of phone calls in
hopes of finding a sympathetic ear who can fix the problem without all the fuss of letter
writings.
This is always a mistake. The process must be followed or the veteran will lose.
The veteran or advocate who takes time at the start of the process to learn basic VA
expectations and requirements will fare better than anyone who chooses to wing it.
VA is a business. Businesses large and small are similar in many ways. Each business
has a product. Whether manufacturing widgets, caring for patients in a hospital or
selling flowers, what a business does at the end of the day is its product.
One of the important products of VA is the fair and timely adjudication of a veterans
claim for disability benefits. This occurs within the Compensation and Pension (C&P)
division of the Veterans Benefits Administration (VBA). The VBA is one part of the
Department of Veterans Affairs.
To build the VA product means that raw material (The VA Form 21-526 application
and supporting evidence) enters via the mail room and through a defined process, the
accumulated material is formed into an adjudicated decision. Subsequently a letter of
award or denial is delivered to the veteran.
Businesses are often divided into categories that define how they operate. Some
businesses are customer driven. In a customer driven business the customers largely
define the end products that the business produces. This might be true of Ben and
Jerry's ice cream, for example.
Other businesses are driven by a pre-defined, complex and rigid process. Companies
or entities that are regulated by strict laws are often process driven; The IRS, medical
device manufacturers and pharmaceutical manufacturers are oriented to numerous
processes, laws, rules and regulations that control how they operate.
The VA is a process driven business. To the VA the process of adjudication of the claim
is a goal unto itself. VA "customers" are paid scant attention. Crossing T’s and dotting
I’s are seen as integral to accomplishing daily goals.
There is little room for “customer” error in the VA process. Mistakes in completing the
process are not often overlooked or forgiven.
The process of getting the VA Form 21-526 from input to decision and notification is the
driver for everything done at the VA Compensation and Pension service.
The veteran and/or advocate who may try to skirt around the process will do so at
their own peril. If a notice received by mail tells the veteran that an adverse action
is being proposed, it also tells the vet that in order to disagree with the proposal the
veteran must take certain actions. Usually the required actions involve a timely written
communication to the VA from the veteran.
Many veterans ignore this step in the process and start a series of phone calls in
hopes of finding a sympathetic ear who can fix the problem without all the fuss of letter
writings.
This is always a mistake. The process must be followed or the veteran will lose.
The veteran or advocate who takes time at the start of the process to learn basic VA
expectations and requirements will fare better than anyone who chooses to wing it.
Pro Tip: Read the Fine Print.
To begin a disability claim requires that the veteran complete the VA Form 21-526. This
is an intimidating tome of some 26 pages of seeming gobbledygook and jargon.
When one reads it, you discover that only 3 of the pages are required to be completed.
The rest is boilerplate and covers a great deal about options for claims other than
disability compensation.
Most of the verbiage is included so as to meet the VA’s burden of the “duty to assist”.
VA provides many pages of detailed information in an attempt to avoid criticism by
veterans that may begin with, “I didn’t know...”.
This same hint holds true throughout the rest of the process. Any mailing from VA may
be critically important to the outcome of the case. There are numerous requirements
regarding timeliness of replies and filings and to miss a deadline is to ensure that your
case will be derailed.
Carefully reading, understanding and following through with every communication from
VA will save a lot of time going forward.
Pro Tip: Be Patient.
I have compared working with VA to a tennis match. There are two players, one on
either side of the net and there is one ball.
The first player begins by hitting the ball to the other side. While the ball is traveling
and while it's on the other side of the net, the first player is patient and prepares for the
second player to send it back.
If player #2 is slow to react and seemingly isn’t paying any attention to the ball, player
#1 may become impatient and lob another ball across the net. When this out-of-
sequence play begins, the game is soon out of order and confusion reigns. Too many
balls in play will bring about chaos.
Don't allow yourself to become impatient. Don’t begin writing letters or making phone
calls to try to move the claim along. Don’t start calling the local newspaper or your
Senator or Congressperson.
Currently VA is thought be be significantly behind in processing claims...possibly
as many as one million claims are languishing for weeks or months with no action.
That figure is debatable but even if we agree to cut that in half, the backlog of work is
enormous.
If you follow the hints here you’ll know that your claim is in process (the certified mail
RR). When you submitted the claim you were sure it was well grounded and you made
it easy for the Rater at VA to read and understand.
While the claim processes, take up a time-consuming hobby, read War and Peace, go
for long walks and otherwise wait quietly.
The decision on your claim will be made when it is made, not a moment sooner.
In the final analysis, filing a claim for disability benefits at VA is simple. If done precisely
and correctly from the beginning, the claim is likely to move through the process with no
problems. Paying close attention to details and playing strictly by the VA rulebook will
result in more favorable claims with fewer frustrations.
Pro Tip: Spell It Correctly
I don't anticipate that veterans should have to become professors of literature to file a claim. However, if you don't bother to spell anything correctly, your message will be that much harder to decipher.
Most browsers and all word processing programs these days have spell check programs. Take the time to use one. You'll make the task of processing your claim easier.
To begin a disability claim requires that the veteran complete the VA Form 21-526. This
is an intimidating tome of some 26 pages of seeming gobbledygook and jargon.
When one reads it, you discover that only 3 of the pages are required to be completed.
The rest is boilerplate and covers a great deal about options for claims other than
disability compensation.
Most of the verbiage is included so as to meet the VA’s burden of the “duty to assist”.
VA provides many pages of detailed information in an attempt to avoid criticism by
veterans that may begin with, “I didn’t know...”.
This same hint holds true throughout the rest of the process. Any mailing from VA may
be critically important to the outcome of the case. There are numerous requirements
regarding timeliness of replies and filings and to miss a deadline is to ensure that your
case will be derailed.
Carefully reading, understanding and following through with every communication from
VA will save a lot of time going forward.
Pro Tip: Be Patient.
I have compared working with VA to a tennis match. There are two players, one on
either side of the net and there is one ball.
The first player begins by hitting the ball to the other side. While the ball is traveling
and while it's on the other side of the net, the first player is patient and prepares for the
second player to send it back.
If player #2 is slow to react and seemingly isn’t paying any attention to the ball, player
#1 may become impatient and lob another ball across the net. When this out-of-
sequence play begins, the game is soon out of order and confusion reigns. Too many
balls in play will bring about chaos.
Don't allow yourself to become impatient. Don’t begin writing letters or making phone
calls to try to move the claim along. Don’t start calling the local newspaper or your
Senator or Congressperson.
Currently VA is thought be be significantly behind in processing claims...possibly
as many as one million claims are languishing for weeks or months with no action.
That figure is debatable but even if we agree to cut that in half, the backlog of work is
enormous.
If you follow the hints here you’ll know that your claim is in process (the certified mail
RR). When you submitted the claim you were sure it was well grounded and you made
it easy for the Rater at VA to read and understand.
While the claim processes, take up a time-consuming hobby, read War and Peace, go
for long walks and otherwise wait quietly.
The decision on your claim will be made when it is made, not a moment sooner.
In the final analysis, filing a claim for disability benefits at VA is simple. If done precisely
and correctly from the beginning, the claim is likely to move through the process with no
problems. Paying close attention to details and playing strictly by the VA rulebook will
result in more favorable claims with fewer frustrations.
Pro Tip: Spell It Correctly
I don't anticipate that veterans should have to become professors of literature to file a claim. However, if you don't bother to spell anything correctly, your message will be that much harder to decipher.
Most browsers and all word processing programs these days have spell check programs. Take the time to use one. You'll make the task of processing your claim easier.