Monday, May 28, 2007

Part 1: VA Disability Claims Advice

I’ve decided to start a series of posts on VA disability claims based on what I’ve learned over the last five years of my dealings with the Veterans Administration. Recently, I was let go from my volunteer position as Veterans Service Officer due to what I will call “philosophical differences” with local members of my veterans service organization. I have to say that that was probably a good thing for me, since the psychological pressures and physical requirements of the position were affecting my own physical and mental well-being.

I’ve learned a lot of “VA stuff” over the years, because they know that, local veterans continue to approach me here in the Philippines for advice on how to pursue their claims and appeals. The disability claims system can seem very confusing indeed to the average veteran who, unlike me, does not have the benefit of hundred of cases of experience.

What drives me nuts is that any veteran should even require outside help, and believe me, THEY DO! A law passed in 2000 called “The Veterans Claims Act of 2000 and Duty to Assist” was enacted to TRY to make the VA do right by the veteran by forcing them to tell the veteran what they need to successfully support their claims. Despite the law, the VA rarely does this well. Now, veterans get reams of extra paper filled front and back with procedural code excerpts. Supposedly, the VA does this is to help “explain” their decisions. Unfortunately, to many veterans, all this extra “explanation” reads like gobbledygook and is overwhelming. In my experience what is mostly happening is that VA raters and review officers comply with the letter of the law while ignoring its spirit.

I waited for several reasons to pass out this my VA disability claims “lessons learned.” At first, I wasn’t sure how much applies to veterans outside of the Philippines—I didn’t want to mislead anyone and hurt them with their claims. Also, I was leery about placing this information in the public domain for worry that it might cause young troops to become “sick call rangers.” However, I made up my mind to post after reading recently so much current news on how terrible the VA is at properly and expeditiously rating servicemen’s claims. It’s outrageous.

I realize the Internet is loaded with sites doling out this kind of advice, just the same, HERE is some more! With that said …

  • First, you are doing the right thing by getting started NOW. I wish I had known what I am imparting here as I went about completing my military career. Luckily for me, I ran into a vet about a year before I retired and she was nice enough to let me in on the basics of preparation while still on active duty. All I want to do is to try to pass on likewise what that nice lady did for me. She was a Godsend.

  • Get EVERYTHING documented. Ensure that every medical issue—past (if possible) and present (most certainly)—is reflected in your records. This includes headaches, twinges, sprains, aches, pains, tenosynovitus, muscle pulls, muscle strains, spasms, tinnitus, hemorrhoids—Everything! Ever had surgery? If you have any numbness, limitation of movement, tenderness—anything at all resulting from your operation—get it documented. Too many Vets try to use as an excuse that they’ve been self-medicating—that it hurt, but they were too busy setting a good example for their troops to make an appointment at sick call or through TriCare. The VA will NOT give much weight to your personal statement as credible evidence. Get your conditions documented in your service medical records or from your personal doctor in a written statement. In other words, the Air Force (or Army, or Marines, or Navy, or Coast Guard) may well appreciate your devotion to duty and your intense willingness to accomplish the mission, but the VA does NOT!

  • No matter how minor your ailment, especially if it is orthopedic, get it documented. For instance, if you twist an ankle or knee, strain your shoulder, or pull your back, get to the clinic and get it in your records no matter how minor you think it is.
    • Get a Diagnosis. Before you get out, while you still have the chance, check to ensure that your medical record entries show an actual diagnosis is entered and not just a symptom. The navy and army are guilty of doing this the most. Here’s what happens: You go to sick call and a corpsman or medic sees you. He writes down that you are complaining of low back pain or pain in your wrist. (PAIN is NOT a diagnosis!) He gets a prescription approved for a pain killer and that’s all you have in your records. The VA will fight you tooth and nail over your claim stating that you do NOT have a definite diagnosis, and therefore they will INITIALLY deny you every time. Bottom line: get every condition diagnosed to preempt this potential problem.
  • Ratings.
    • Keep in mind, though, that if you exhibit even a small amount of pain or if, for example, you find it difficult to bend over or do a knee bend, then you will get a minimum of 10% for each disability AS LONG AS THIS CONDITION IS DIAGNOSED TO A DISEASE OR CONDITION. It is important to remember thought that the VA will NOT diagnosis your painful condition. You would suppose they should but they will not. If you are already discharged, you might have to pay to get your own diagnosis. If you do not, then you put yourself at the mercy of the VA (NEVER DO THAT!)
    • If it is your knees, you could get 10% for each knee, although it’s possible that the rating board could combine them into a single rating. (The VA rates in increments of 10% starting at 0%, anything over 5% is rounded up to the next 10). Also note that a 0% is still good, because that means the VA is granting service connection for that problem, and if and when it ever flares up again, you can make a claim for an increase. A good example of this is Hemorrhoids. If you had a single flare up for them in your records, but they are fine during the exam, it is common to get a 0% for them as a rating.

No excuses! The VA doesn’t care if you were too busy while you were active duty to get treatment for an illness or ailment. I’ve had retired combat troops who had been injured in the field that had received treatment from field medics, and never bothered to follow up and get that treatment entered in their medical records. Their only recourse is to go back and find that medic or corpsmen and get a statement from him. That can be very difficult if it happened in I Corps in Vietnam in 1967, yet that’s what they have to do. Lesson is—get everything documented—the VA entertains no excuses.

Much more to come... Part 2

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10 Comments:

At 12:04 PM, Anonymous Anonymous said...

I know you are talking about disability claims and all. I am chapter 61 now IU and single and would like to make my parents my dependents. But they are both on ssi. Is it possible to do so? Or do I have to make them my dependents on DEERS first?
Thanks

 
At 2:37 AM, Blogger PhilippinesPhil said...

I answered you already with an email, but I'll go ahead and post as well.

The place to go to find out about parent dependency is in the
CFR 38 § 3.250 Dependency of parents; compensation.

As I told you, the primary consideration is parental income. I'd go ahead and file for them with the VA Form 21-686c. Ensure you fill it out completely TRUTHFULLY, and let the VA make its decision. Whatever you do though, if they say no, check out their reasons and bases in the CFR 38. They have a habit of making sloppy decisions, so take nothing they tell you for granted.

 
At 3:29 PM, Anonymous Anonymous said...

I agree the best advice I got was from the Gulf War Veterans Disability Manual - it can be found at www.ctvetdisability.com

 
At 11:31 PM, Anonymous Anonymous said...

Hello, I just have some questions maybe you can help, I was in the Navy for about 6 years and was injured while overseas and medically discharged.I now live here in the philippines with my family. I recently (in the last year) applied for increased benifits and now I have a combined rating of 70% disabled. I was wondering due to my situation how I could apply for 100% and what I would need to prove that I am 100%. Also, with a rating of 70% is my family eligible for medical benifits through the VA? please send me and email at manbenjamin@msn.com thanks.

 
At 7:14 AM, Blogger Hangover said...

Hello Phil! I have a different scenario and would greatly appreciate your input. At my separation date from the Army I had been stop-lossed by a year and some change so I was a little past due. The thought of not having a job scared me so I picked up a great contracting job while on terminal leave in Kuwait. So here I am in Kuwait with 2 options to file for disability. One is to schedule a physical in the United States while I'm visiting family or go to the Philippines for a vacation and knock out the physical there. What do you think is my best option?

V/R,
-Travis
breakingmycrayons@gmail.com

 
At 1:23 PM, Blogger PhilippinesPhil said...

Hey, Its unfortunate that you went over the 1 yr mark post service; you lost all that retroactivity pay wise, but I know stuff happens.

As far as "scheduling" disability exams, good luck with that in either scenario. You could try to work closely with the exam schedulers in either place, but thats not normally how these places do business. But, you could try.

Another option is to file from where you are. The VA Regional Office in Pittsburgh would then send you the exam checklists which you would take to your own doctors to comply with. Personally, that's how I would do it. My take based on experience is that VA examiners are heavily influenced, if not browbeaten, into providing exam opinions weighted against the examinee. Of course they will deny that, but I've seen it. It's pretty obvious that many feel that claimants tend to "dramatize" their conditions.

 
At 9:26 PM, Anonymous Anonymous said...

hello phil, i was trying to get ur email address but its not on ur profile, can you send me an email beacause i do have a lot of stuff that i need to talk to you about. danetare@lhd2.navy.mil

 
At 6:53 AM, Anonymous Anonymous said...

sir,
my father(reside in Philippines Baguio) who is retired USAF is inquiring where to get assistance in filing VA disability and where to get physicals in Manila or neighboring areas. my e-mail is phunel3@hotmail.com. I am currently active duty stationed in Texas.
Respectfully,
Paul B. Capt USAF NC

 
At 8:24 PM, Blogger nirav said...

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).

 
At 8:21 PM, Anonymous Anonymous said...

Hello sir,
I retired from USN in1989 ad living in Legaspi City, Philippines most part of the year. I was given a 10% back disability, but after retiring, suffered from multiple illnesses in my lungs (previously treated while n service, but denied disability claim), shoulders, head, nose, sleep apnea,etc. i did not pursue filing after a very discouraging experience waiting without positive response from VA. where can i get individual or private assistance here in Philippines to help me all the way to the finish of the claim.

my email address is waybryby@hotmail.com

 

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