;IGY6

I recently joined a great group of veterans, on Facebook.  The name of the group is Veteran 2 Veteran Info.  It was started by a young lady named Yvonne Maria Brooks and now has over 315,000 members.  If you are a veteran or know any veterans please encourage them to join this group.

One of the things that I learned about from this group, is about the ;IGY6 movement.  What it stands for is ";I GOT YOU".  This is to show support for our brothers and sisters who have or are considering suicide.  I don't have any tattoos but if I were to ever get one this would be it.  I remember back in the day they used to say individuals were shell-shocked and that's why they act the way they do.  We had a family friend, Nathan Bates, who everyone used to think was crazy after he came home from the Army.  Because we were young and didn't understand what he was going through we didn't recognize the signs of his internal struggle until it was to late, and he had taken his own life.

A couple of years ago I read the story of a young mother who not only took her life, but also the lives of her four (4) young children.  I always wondered if this was a tragedy that could have been avoided if she had been connected to a better support system.  She was under the care of the VA's mental health department but sometimes that's just not enough.  Sometimes all our fellow veterans need is someone to talk to when they need to talk to them.  I'll admit that I believe the VA is doing better, but my question to you is what can you do to help?

I look at the way the AA and NA programs are set up and I wonder why we can't do something like that for our brothers and sisters who are suffering depression and have gotten to the point where they feel like the only thing they can do is to take their own life.  In these programs each participant is assigned a sponsor to reach out to when they feel like taking a drink or doing drugs.  Why can't we build the same type of support group for fellow veterans and become their sponsors?  Why can't we support them in the same way?  Sometimes it may just take a phone call, and then others it may even mean that you would actually have to meet with them, to assist them.  While I know that we cannot take the place of trained professionals, maybe just knowing that you are there for them could be enough.

I am personally willing to be that support.  I live in the Atlanta area and would love to meet with other veterans to form a support group in our area.  I also encourage others to do the same in their own areas.  I believe that if we can be there and save at least one veteran then we are making a difference.  If anyone in the Atlanta area is interested in joining me, my email address is sbaisden94@gmail.com.  I encourage all of you to share your information so that we can start today to hopefully, make a positive difference in the life of our fellow veterans.

Tomorrow we will focus on State and Local veterans benefits, or whatever is laid on my heart to write about.

TTYL - Be blessed.

When Your Appeal is Remanded

Reposted from Catherine Trombley

In my previous three posts, I discussed the difference between a claim and an appeal, the appeals process that occurs at the VA regional office and at the Board of Veterans’ Appeals. If you have not read those posts, I suggest that you do, as this post builds upon those.

Just like in the federal court system, where a superior court has the ability to remand — or send back — an appeal to a lower court for another look, the Board of Veterans’ Appeals has the ability to remand a case back to the regional office.

Remands

While the Board has the ability to remand, it uses the remand differently than a typical court system. In a typical court system, a higher court usually remands a case when a lower court interprets a law incorrectly.  In VA’s circular system, appeals are remanded for many reasons. A remand may be necessary if there has been a change in law, a worsening of a disability on appeal or the Veteran introduces new evidence or theory of entitlement at the Board.

Typically each time one of these things happens, a rule of law called Duty to Assist (DTA) is triggered. DTA is an obligation VA takes very seriously. It means VA has to help you develop your claim. Often, this means scheduling you for another exam, gathering records on your behalf or giving you an opportunity to comment since a law change. About two-thirds of the Board’s remands are for reasons that arose after VBA finished processing the appeal and sent it to the Board.

Appeals are remanded for many reasons…if there has been a change in law, a worsening of a disability on appeal, the Veteran introduces new evidence or theory of entitlement at the Board or if the regional office did not process your claim correctly.

Appeals are also remanded if the regional office did not process your claim correctly – usually the result of insufficient evidence gathering. While the number of these avoidable remands has declined considerably in recent years, we continue to work to improve our processing accuracy.

If the Board remands your appeal, the judge will lay out clear steps which the regional office must complete before issuing another decision on your appeal. After completing the required steps, the regional office will make a new decision that either continues the prior decision or grants your appeal. If it continues the prior decision, you will receive a supplemental statement of the case (SSOC) and your appeal will be returned to the Board for a final decision. The Board reviews your case again and renders another decision. Because of updates to laws and evidence, this remand cycle may happen more than once.

In my last post, I told you that if the Board denied your appeal, you could appeal within 120 days to the U.S. Court of Appeals for Veterans Claims (CAVC). If CAVC remands your appeal back to the Board, the Board may issue a remand back to the regional office to follow through on any development actions the CAVC has instructed of VA.

Appeals at the Board Level

Today's post will deal with your appeal once it reaches the Board level.

This is a repost of information from Catherine Trombley.  If the information seems confusing please go back and read the previous post on appeals.  This post references the backlog as of July 2014.  The posting date was originally February 2016, so hopefully it has moved some since then.

Thank you for your support.

TTYL- Be blessed

In my previous two posts, I discussed the difference between a claim and an appeal and the appeals process that occurs at the VA regional office. If you have not read those posts, I suggest you start with those, as this post builds on those.

There is a perception that a lot of the regional offices’ decisions are appealed to the Board of Veterans’ Appeals. This is not accurate. Historically, only 4 percent of all claims the Veterans Benefits Administration (VBA) decides are appealed to the board. The perception probably comes from the increasing number of pending appeals, but that growth is explained by looking at the math. In the last four years, VBA has completed more claims than ever before in its history. Because VBA has completed so many more claims, the volume of appeals has also increased, even though the rate of appeals of VA decisions has remained steady.

If after receiving a statement of the case (SOC) from the regional office you still are not satisfied with the regional office’s decision, you can file a VA Form 9, Appeal to the Board of Veterans’ Appeals, within 60 days from the date the SOC is mailed.

Appeals at the Board of Veterans’ Appeals

Once the board receives your appeal, it assigns a docket date based on the date VA received your Form 9. This date is important: under the law, the board must work appeals in docket order. Currently, the median, or middle, docket date of appeals the board is working is July 2014. Some newer appeals can be pushed to the front of the line: those from older Veterans and survivors, those who are terminally-ill or those who have documented financial hardship, etc. It’s important to know that if the board remands (returns) your appeal to the regional office to gather more evidence, you won’t lose your place on the board’s docket.

Just like in the regional offices, several Veterans service organizations are located at the board. If you choose not to have a hearing before the board, your representative will write a legal argument on your behalf. The board will consider that argument when it conducts its own de novo review of your claim. If you choose to have a hearing, your representative will help you explain your case at that hearing. VA will transcribe the hearing and put it in your file. The board can do one of three things: grant your appeal, deny your appeal or send (remand) it back to the regional office for more action.

If you disagree with the board’s decision, you may pursue an appeal to the Court of Appeals for Veterans Claims (CAVC). If the CAVC denies your appeal, you can appeal to the U.S. Court of Appeals for the Federal Circuit. If you lose the appeal there, you can petition the U.S. Supreme Court for review. The Supreme Court grants review in very few appeals. Generally, the Court of Appeals for the Federal Circuit and the U.S. Supreme Court review only legal matters in an appeal, not agency decisions.

Who To Contact - Write, Write, Write!!!

I was actually supposed to share further information on the Appeal process but I feel that so many of you need help in getting things done so I decided to share this information instead.

The letter you see above is an actual letter that I received from Secretary McDonald.  Many people feel that when they have an issue they should just sit back and let it happen.  I'm not that person.  Whenever something or someone does anything that I feel should not have been done or could have been done better, I Write, Write, Write.  My son actually calls me a snitch, :-).  That's really how this blog came to be.  He told me to write about something that I'm truly passionate about and Veterans rights is that something.

I encourage you to write.  Write to your Congressman, the White House, and even Secretary McDonald.  I promise you they do listen.  I have been able to cut down on the processing time of my claims and appeals simply by writing.  Secretary McDonald is so committed to helping veterans that he even gave out his personal email (robert.a.mcdonald@va.gov) and his personal cell (513.509.8454).  Every time I have written him I have received a response in less than five (5) business days.  Some people may not think that he is truly making a change but for me he has truly stood up to his vision for the VA, which is to:

• Rebuild trust with Veterans and stakeholders.
• Improve service delivery, focusing on Veteran outcomes.
• And set a course for long-term excellence and reform.

I can personally say that I have seen this for myself.  I know that there are those of you who don't like to write.  If this is the case I will write on your behalf.  I will locate your Congressperson and write to them as well.  I am willing to help anyone who needs help.  All I ask is that you have a legitimate issue.  I am also asking other veterans who are good at writing to help those who need it.  There is strength in numbers and if we band together we can make changes.  Unfortunately, many of the organizations that are set up to help veterans are not staffed by veterans, so they don't understand our unique concerns.  My personal email address is sbaisden9@yahoo.com.  If anyone would like for me to take up their cause, I will.  Please send me an email and I will take it from there.

Please be aware that I am not trying to get anyone's personal information.  My address is clearly shown in the letter above so know that I will never do anything to cause harm to anyone.  I will never ask you for your SS# or anything else.  I will however need your name and claim number if you want my assistance.

Thank you for taking the time to read this today.  Tomorrow I will go back to the Appeal process as I stated yesterday.

TTYL - Be blessed.

The Appeal Process

Today we will begin a series on Appeals.  There will be a total of 4 posts concerning the Appeals process.  The information was originally written by Catherine Trombley,a public affairs specialist for the Veterans Benefits Administration.  Today's post will define what an appeal is and the first steps in the process.  Please feel free to leave any feedback and questions you may have.  Thank you for reading this blog and I invite you to follow us so that you will be made aware of when a new blog has been posted.

Thank you.  TTYL

The Appeals Process

The multi-stage appellate process is available to you after you have already received one or more decisions on your claim, but disagree with some aspect of VA’s decision.  During the appellate process, an appeal undergoes additional independent reviews, often multiple times and by different adjudicators, as you or your representative submit new evidence and/or a new argument. Nearly 74 percent of appeals are from Veterans who are already receiving VA disability compensation, but are seeking either a higher level of compensation or payment from an earlier effective date.

Once an appeal has been filed, a Veteran may also engage an attorney, but at his or her own expense. Attorneys’ fees are typically taken straight off the top of any retroactive award received from VA.

An appeal is different from a claim. I know firsthand that sending one or the other to VA can seem like the same thing, but understanding the difference and using the right terminology will help VA and your designated representative provide the best information in the quickest amount of time.

Most Veterans are aware that claims are rated at the VA regional office (RO), usually in their state. However, a lot of Veterans are not aware that appeals are also reviewed at the regional office before they go to the Board of Veterans’ Appeals (Board).  In this piece I will discuss the RO’s appeal process, your role in the process, and the things you can do to help expedite your appeal.

Appeals at the local regional office level

Once a VA office issues its decision on your claim, you have one year from that date to file an appeal. Read the decision letter closely:  it will tell you why VA made the decision it did.  If you are unsure why or how VA made its decision, ask a Veterans service officer for help.  You can also call VA or go to your regional office.

If you disagree with VA’s decision for any reason – the effective date of your award, the rating percentage you were given or the reason you were denied – you should file a Notice of Disagreement (NOD). If VA included VA Form 21-0958, Notice of Disagreement, with its decision, you must use that form to file your NOD – it is mandatory.  The NOD is the start of your appeal.

Once you file your NOD, you have several rights: you can submit new evidence, ask for a de novo review where a decision review officer (DRO) takes a “fresh look” at the claim, reviewing the entire claims file and/or ask to testify and present evidence at a telephone or in-person hearing.  VA encourages Veterans who choose to have a hearing to opt for an informal teleconference hearing, since these can be scheduled much faster.  Many appeals are favorably resolved at these early stages.  Make sure you file your NOD on time: your right to appeal ends a year from the date of VA’s decision.

When you file your NOD, you have a choice: either select a traditional review or a de novo review by a DRO.  You can make this choice right on your NOD when you start your appeal. If you don’t make a decision, VA will mail you a notice of this right, and you’ll have 60 days to respond, so answer right away.

I’ve mentioned a couple pro tips, but I want to call them out:

• If you are dissatisfied with the decision on your claim, file your appeal right away
• When you file your NOD, submit any new evidence you have; waiting until later on in the process can delay your appeal
• Also, when you file your NOD, state if you want a DRO review or a traditional review – this will also save you time on your appeal

Traditional Review

If you opt for a traditional review, a member of the RO appeals team reviews the decision on your claim to determine if it was processed correctly; if it was, the RO will issue you a Statement of the Case (SOC). An SOC lists the applicable laws and regulations related to that decision, all the evidence that was considered in making the decision and a detailed explanation of the decision VA made.

De novo Review

A de novo review is your other option. de novo, which means “new,” or “fresh look,” is a Latin term used by lawyers.  In a de novoreview, a DRO, who is a senior-level, highly experienced claim processor, looks at all the evidence of record (your entire claims file, including any new evidence you’ve submitted). The DRO can grant your appeal, deny your appeal and issue an SOC, or order additional development (such as a new medical exam or a request for additional medical records), if warranted.

Unless the RO grants the full benefit you are seeking, you will receive an SOC. This means EVEN if the RO grants your claim, you may receive an SOC, allowing you to continue the appeal. For instance:

• If you were appealing service connection for tinnitus (ringing in the ears) and the RO granted this on appeal at 10 percent, the RO appeals team will ONLY issue a rating decision since 10 percent is the highest rating you can receive for tinnitus. This means the appeal has been granted in full. You will not receive an SOC.
• If you were appealing VA’s 10-percent rating for arthritis in your lower back because you believe you should be rated higher, but the RO appeals team disagrees and continues your 10-percent rating, you will receive ONLY an SOC.
• If you were appealing VA’s 10-percent rating for arthritis in your lower back because you believe you should be rated higher, and the RO appeals team agrees and increases your rating to 20 percent, you will receive BOTH a new award decision explaining why VA increased your disability rating AND an SOC detailing how VA arrived at its decision, including why you were not entitled to a rating higher than 20 percent.

You have 60 days from the date the SOC is mailed to you to file a VA Form 9, Appeal to the Board of Veterans’ Appeals, if you wish to continue your appeal to the Board.  Any time you submit more evidence after the SOC or before the Form 9, VBA must conduct another review of the case and issue another SOC – this one called a supplemental statement of the case (SSOC) that includes the additional evidence – or a rating decision, if the additional evidence allows VBA to grant the appeal.  This must be done each time you submit new evidence after the SOC. I have seen appeals with four or five SSOCs.  Keep in mind, each time you submit new evidence it triggers a new review. It’s like starting all over again in the appeals process.  Each new SSOC can add up to 400 days to the appeal, so my best advice is, submit all available evidence to support your appeal when you file your NOD.

On the Form 9, you can request an optional hearing before a judge at the Board, who will decide your appeal.  A hearing is notrequired and will delay a final decision, but if you want a hearing, you can choose a video-teleconference hearing, a travel board hearing at your local RO, or an in-person hearing in Washington, D.C.

If you want a hearing, your best bet is to opt for the video-teleconference hearing, since it can be scheduled much quicker than other types of hearings.  This is because you don’t have to travel to Washington, D.C. and you don’t have to wait for a judge to travel to your RO. You still get the benefit of representation and talking to a judge face-to-face – though virtually, like on Skype or on FaceTime.

Once you submit your Form 9, the RO appeals team reviews your appeal to ensure all actions were completed and that it is ready to go to the Board. Once ready, the local RO will certify and transfer your appeal to the Board in Washington, D.C.

Tomorrow's post will deal with the appeal process at the Board level.

Vocational Rehabilitation & Employment

I read a story today about a veteran who was sentenced to two years in Federal prison for cheating the VA out of money.  He pretended that he was going blind and even went so far as to fake his eye exams.  He would give inaccurate results and as time went on he would pretend to do worse and worse on the exams.  I share this because he was also receiving assistance through the Vocational Rehabilitation & Employment program (VR&E).  Because he was “blind” and at 100% disability and non-employability they purchased a car to have someone drive him to and from his appointments and anywhere else he needed to go.  As you can see the VR&E program does a lot to ensure that veterans are able to live a whole, and fulfilling life.  I would urge everyone to take advantage of their services.

If you are employed you will need to be at least 20% service connected for them to assist you.  If you are unemployed you do not have to be service connected to receive assistance.  They also help with any devices you may need to live comfortably including adapting your home and vehicle at no charge.

In order to apply for these benefits you will have to register in eBenefits.  This is the link to register: https://www.ebenefits.va.gov/ebenefits/homepage.

Veteran Employment Tracks

Vocational Rehabilitation Counselors (VRC) and Employment Coordinators (EC) are ready to help Veterans and Servicemembers who have service-connected disabilities and an employment barrier/handicap find suitable careers. Your VRC will provide vocational counseling, refer you to appropriate opportunities and services specific to your needs, and help you reach your employment goals. If you are entitled to Vocational Rehabilitation and Employment (VR&E) benefits and services, you will work with a VRC to develop a personalized rehabilitation plan following one of five tracks:

Reemployment

When possible, VR&E helps Veterans and Servicemembers return to work with a former employer by supporting the employer’s efforts to provide accommodations that enable the Veteran to continue along the same or similar career path.

Rapid Access to Employment

VR&E helps Veterans and Servicemembers who are ready to enter the workforce, find, apply for, and secure suitable jobs. VA may provide professional job placement assistance, job accommodations, and other specialized support.

Self-employment

Self-employment can be fulfilling and may offer the flexibility a Veteran with service-connected disabilities needs. VR&E may aid Veterans, who have limited access to traditional employment and have the skill and interest to start a business, by helping to analyze the proposed business plan and providing training on how to market and operate a small business.

Employment Through Long-Term Services

For Veterans and Servicemembers who require additional skills or training to find competitive, suitable employment, VR&E will provide assistance, which may include education benefits, on-the-job training, work study, apprenticeships, or other  job preparation programs to help them to obtain appropriate employment.

Independent Living

Some Veterans and Servicemembers may be unable to currently return to work, but with assistance from VR&E, they can lead a more independent life. VA helps them with access to community-based support services, the use of assistive technologies and accommodations, and independent living skills training.

Transition Assistance Program (TAP)

Today I want to share information with you on the Transition Assistance Program (TAP).  This program is for those service members who will be transitioning back into civilian life.  From my own experience I have to say that this was not an easy thing for me and they didn’t have TAP when I came out.  It wasn’t so much the finding a job or anything like that but it was more so about how to behave while on the job.  I was so used to literally “cussing like a sailor” that it was second nature to me.  Unfortunately, that is not how people speak in the workplace in the civilian sector.  

I also had to change my mindset in the way I did things.  Having been in the military, and for the most part being told what to do it was very hard for me to take the initiative on anything.  I had to learn that it was okay to make decisions on your own, as well as feel free in expressing new and innovative ideas.  I would stress heavily to anyone who is transitioning soon that you take advantage of this opportunity.

I was in a meeting today, because that’s pretty much all I do, and someone told the story of how he had met a young veteran who was out of work and homeless.  This young man was an E7 when he separated so you would have thought that he would not have had any trouble getting a job.  Well that is what a lot of service members think.  Believe me it is not as easy as it used to be and just because you are a veteran does not guarantee you a job.  As a matter of fact, in some cases, it may work against you, especially if you have seen combat.  Again I cannot urge you enough to take advantage of the information below.  

Along with TAP, you should also register with your local Department of Labor (DOL).  As a separating vet you are entitled to receive Unemployment Insurance.  They also offer Veterans’ Priority of Service and have employees who do nothing but work with veterans (Local Veterans Employment Rep (LVERs) and Disabled Veterans Outreach Program (DVOPs).  I also strongly suggest you register with your local Workforce Innovation & Opportunity Act (WIOA) office.  In some cases they are located in your DOLs.  They have money to send you to school as well as offer On-the-Job Training and Apprenticeship opportunities.

TAP Overview

VA Benefits I and II Briefings are part of VA's portion of Transition Goals, Plans, Success (GPS), which is designed to help transitioning Servicemembers, to include Guard and Reserve members demobilizing after 180 days or more of active service, adjust to life after the military. 

All transitioning Servicemembers are required to attend Transition GPS. The briefings consist of two classroom modules: a four-hour VA Benefits I Briefing and a two-hour VA Benefits II Briefing.

VA Benefits I Briefing provides you with information on education, health care, compensation, life insurance, and home loans, as well as vocational rehabilitation and employment benefits information and counseling.

VA Benefits II Briefing helps you understand some of the services and programs related to your VA health care and understand the VA disability compensation process. Additionally, you will learn how to navigate through eBenefits.

Spouses and family members are encouraged to attend both briefings.

Optional Two-Day Technical Training Track

VA is leading an optional two-day technical training track. This workshop assists transitioning Servicemembers in identifying civilian occupations, establishing career goals, and beginning applications for credentialing and vocational training.

Additional optional tracks focusing on education and entrepreneurship are also available, and are led by the military services and Small Business Administration.

Have a wonderful day. TTYL!!!

Types of VA Disability Claims

Before filing a claim it is important to know which category you fall into.  It is also important to note that if you file a claim and it is not decided as it should be based on the evidence, that instead of filing an appeal, which could take up to 3 years to decide, you can have your case reopened.  Below is a list of the types of claims and important links:

Types of Claims

There are numerous types of claims that apply to disability compensation. They can be based on disabilities that existed when entering military service, but were made worse, disabilities that occurred during service, or disabilities that arose after you left military service. Additionally, there are claims that are filed for special circumstances.

Pre-Discharge Claims
Service Members that are within 180 days of separation or retirement from active duty or full time National Guard duty may file claims for disability compensation. Learn more about pre-discharge claims

Claims Based on Pre-Service Disabilities
Individuals may enter military service with a known disability. Should this disability become worse due to military service, VA may be able to pay compensation. This is known as aggravation; however, compensation can only be paid for the level of aggravation. For example, at entry into military service, an individual has a disabling condition that could be considered 10% disabling. In order for this condition to be considered aggravated, it would have to have worsened due to military service to at least 20%.

Claims Based on In-Service Disabilities
These claims are based on disabilities that are a result of an injury or disease that occurred in active service, and in the line of duty. Injuries or diseases as a result of the Veteran's own willful misconduct or abuse of alcohol or drugs are excluded.

Claims Based on Post-Service Disabilities
Claims for post-service disabilities would include claims for disabilities that are a result of disabilities considered to be service-related, even though the disability arose after service. There are various classifications of presumptive disabilities which can be based on location or circumstances of service or just by military service itself. Learn more about post service claims

Claims Based on Special Circumstances
Claims regarding compensation are not always based on an in-service event. In other words, after a disability has been determined to be service connected, there may be other types of claims a Veteran or surviving spouse may wish to file. This might include a claim for a temporary 100% rating due to surgery for a service-connected disability, or additional compensation based on being in need of regular aid and attendance. Learn more about special claims

How VA Identifies Claims

Original Claim

An original claim is the first claim you file for compensation from VA. This can be filed by a Servicemember, Veteran or survivors of deceased Veterans.

Reopened Claim

A reopened claim is a claim filed for a benefit that could not be granted and the decision has become final, meaning that it is over one year old and has not been appealed. VA cannot reopen these claims unless new and material evidence is received. New evidence is evidence that the VA has never before considered in connection with the specific benefit claimed. Material evidence is evidence that is relevant to and has a direct bearing on the issue at hand.

Example 1

A Veteran was treated several times during service for pain in the right elbow. He filed a claim for service connection in 1989, but his claim could not be granted because no orthopedic abnormalities were found on VA examination. Two years later, his private physician x-rayed the elbow and noted arthritic changes in the joint. The Veteran submitted the new evidence to VA. Because it suggested a residual of his in-service elbow problems did exist, VA reopened his claim.

Example 2

 A Veteran was discharged from service in 1977. He filed an original claim for service connection for pes planus (flat foot) 20 years later. VA was unable to grant his claim because pes planus was never noted in the Veteran's service treatment records. In 2001, he attempted to reopen his claim by submitting a statement from his private physician confirming the diagnosis of pes planus. VA was unable to reopen the claim because, while the evidence was "new," it was not "material," in that it failed to demonstrate the Veteran was diagnosed with pes planus during service.

New Claim

A new claim is a claim for a benefit that may or may not have been filed before. Generally, the decision made on the claim is based entirely on new evidence. These may include claims for:

• An increased disability evaluation
• Special monthly compensation
• Individual unemployability- Be aware that if you claim unemployability you will no longer be able to work.

A new claim differs from a reopened claim in that a decision on the claim is totally independent of any evidence submitted in connection with an earlier claim.

Secondary Claim

These are claims for disabilities that developed as a result of or were worsened by another service-connected condition. In other words, it is recognized that a service-connected disability may cause a second disability. This second disability may not otherwise be considered service-connected.

Example 1

A Veteran has a service-connected knee injury that causes him to walk with a limp. He subsequently develops arthritis in his hip. Although the arthritic condition was not incurred during or aggravated by service, service-connection may still be established if the arthritis is a result of his knee condition.

Example 2

A Veteran was in the Army for twenty years. During her military service, she was diagnosed with hypertension. After her discharge, service-connection was established for hypertension. She was subsequently diagnosed with a heart condition. Service-connection for her heart condition may be established as secondary to the hypertension.


Tomorrow we will have an overview of Vocational Rehabilitation benefits.
TTYL

Knowing Your Purpose

I know I was supposed to write about the different types of disability claims today but two things happened to me that changed my mind.  Let me start by saying I was ready to stop writing this blog.  Even though I have been only writing for three days and I have gotten quite a few page views I had begun to think that veterans issues were not what I was supposed to be writing about.  When God gave me the vision for this blog I assumed that it was just going to take off without me having to do much work.  Boy was I wrong.  I know that in order for an dream to come to fruition you have to put the work in and not give up.  That is my lesson for you all today; if you have a dream in your heart do not give up on it.  Just because things don't look as if they are going to happen in the time frame that you want them to does not mean they won't happen.  You must keep on going.

As I said above there were two things that happened to me today.  I will share them because they are a lesson to all veterans.  A young man came up to me today in Church because he needed help getting a job.  He was an 8-year Army veteran with a BA degree and no experience.  He had recently purchased a vehicle and the transmission had gone out on it right after he bought it.  He is receiving 40% disability and that is what he has been living on.  How many of you are aware that the Vocational Rehabilitation and Employment (VR&E) Program will pay for auto repairs and in some cases purchase you an automobile if you have at least a 30% service connected disability?  He didn't know this either.  All the time he has been going to the VA for disability he was not aware that they also assist you in obtaining employment.  All he needs to do is go to eBenefits and apply for Vocational Rehabilitation benefits and they will set up an appointment for him, and unlike disability benefits they move much faster.

The second story occurred later today.  As I was pulling up into my driveway a church member called because she was concerned about her ex son-in-law.  He is currently in a rehab center recovering from a stroke.  They told him that he has to be out of their center no later than October 28th, even though he still cannot speak or walk very well.  He suffered a heart attack a few years ago and since then he has not taken very good care of himself.  Now his family is concerned about where he is going to go for medical care.  He is a honorably discharged veteran who has no idea that he is still eligible to receive medical benefits.  While I don't know if anyone will take him to sign up, at least they now know that they can.

I shared these two stories because in each instance someone came to me because they thought that I would be able to help them and each case I was.  Please know that everything I have learned I learned from the VA website and from personal experience.  I don't claim to know everything but I promise if you ever have a question I will do my best to get an answer for you.

Thank you for your support.  Tomorrow I will share the different types of disability claims.

TTYL!!!

The Claims Process

The Claims process can be a daunting task if you are not aware of the best ways to complete your application.  The best way is to apply online at eBenefits.va.gov.  If you don't have an account you will need to register.  Once you are registered you can also request to have a Veterans Service Officer (VSO) appointed to assist you through the process.  These individuals are accredited by the VA and can provide valuable assistance to you.  They are also free of charge.

I know that some individuals have used lawyers.  Personally, I believe that it is more of a benefit to you to use the free VSOs mentioned above.  I would caution anyone who chooses to use a lawyer that they research them thoroughly.  I have heard horror stories about their service and be aware that they are going to take at least a 30-40% chunk of whatever you get.

You can also submit your claim via paper by using the VA Form 21-526EZ.  This link will take you directly to the form. http://www.vba.va.gov/pubs/forms/VBA-21-526EZ-ARE.pdf
You will also find extensive instructions on how to fill out the form.

Once your claim is submitted there are eight stages to the claim process:
1. Claim Received - Your claim has been received by the VA.  If you applied online with VONAPP Direct Connect (eBenefits), you should see receipt in your list of Oen Claims within one hour.  If you applied through US mail, please allow for mailing time and one week for it to be processed.

2. Under Review - Your claim has been assigned to a Veterans Service Representative and is being reviewed to determine if additional evidence is needed.  If no additional information is needed, your claim will move directly to the Preparation for Decision phase.

3. Gathering of Evidence - The Veterans Service Representative will request evidence from the required sources.  Requests for evidence may be made of you, a medical professional, a government agency, or another authority.  It is common for claims to return to this phase, should additional evidence be required.

4. Review of Evidence - All evidence needed has been received.  If, upon review, it is determined that more evidence is required, the claim will be sent back to the Gathering of Evidence phase.

5. Preparation for Decision - The Veterans Service Representative has recommended a decision, and is preparing required documents detailing that decision.  If more evidence is required, the claim will be sent back in the process for more information or evidence.

6. Pending Decision Approval - The recommended decision is reviewed, and a final award approval is made.  If it is determined that more evidence or information is required, the claim will be sent back in the process for more information or evidence.

7. Preparation for Notification - Your entire claim decision packet is prepared for mailing.

8.  Complete - The VA has sent a decision packet to you by U.S. mail.  The packet includes details of the decision or award.

The length of time to complete the process varies depending upon the complexity of your case.  Mine have been averaging about 3 months.  I would advise you to enroll in eBenefits because you can actually track the progress of your claim and see if it has been approved or denied, even before receiving your decision in the mail.

Thank you for your time.  Tomorrow I will explain the different types of disability claims and some how they work.

TTYL!!!

Disability Claims - PrePlanning

Someone once said, "If you fail to plan, you plan to fail".  This is very important when you decide to file a disability claim.  Make sure that you have everything you need to file a successful claim because unfortunately, if it is denied and goes to the Appeal process you may have to wait about 3-years to get an answer.

§3.102 Reasonable Doubt states that if "after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding service origin, the degree of disability, or any other point, such doubt will be resoled in favor of the claimant".  What this means is that you must prepare a case that would lead to reasonable doubt on the part of the examiner.  An example of this is that I have a knee problem.  When I first submitted my claim for it I didn't do any pre-work.  I believed that just because it was documented in my medical records that I would automatically be approved.  Wrong Answer!!! Okay, back to my example.  When I was in the military I went to the medic.  This was during boot camp.  I was diagnosed with something called chondromalacia and was told that there was nothing that could be done about it and that I should just put ice on it.  Since they told me this I didn't bother to go back so the only instance of my seeking treatment was this one time.

Fast forward to my submitting my claim and having it denied, even though my knees hurt like the dickens everyday.  Of course I submitted an appeal but this time I did something different than I did the first time.  My number one goal was to somehow prove that the chondromalacia was eventually the cause of my knees being in the shape that they are in and that my job in the Navy contributed to it.  In other words you have to make a connection somehow.

How do you do this?  First research what is wrong with you and the causes.  For me the running on the grinder and the constant walking only added to my pain.  While doing my research I found that my condition was treatable and that over-exercising and constant walking, with no treatment, would eventually lead to where I am now.  Print out everything you can find.

Another thing you MUST do is get copies of all civilian doctors appointments, tests, and opinions that you can.  Your medical records should always be available.  Some doctors may charge you a fee but in the end it is worth it.  Also, if you can find a doctor who can verify that the condition you are claiming was caused by your military service or that it is reasonable to believe that it did, then this is even better.  You have the option to upload as many documents as possible.  Take advantage of this.

One thing I must caution you about.  Before you submit your claim, please ensure that this was something that you were seen for while on active duty.  Do not waste your time submitting a claim for something you know did not occur while you were in the military.

While these steps won't guarantee that your claim is approved, it will definitely help your chances.  Tomorrow I will talk more about how to actually submit your claim and free assistance that is available to you.

TTYL - Have a great day!!

Welcome

Hello and I pray that your day is a great one.  This is my first foray into the world of blogging and I hope that the information that I share with you will be of assistance to you.

As a veteran I have found that there are so many other veterans who may be having the same type of experiences that I am having when it comes to obtaining veterans benefits and learning about the many opportunities that are available to veterans.  This blog will be devoted to covering as many topics as possible in regards to veterans issues.  We will talk about the best way to get approved for your disability, home buying, medical, education, and other benefits, as well as any other topics that you feel are relevant.  We will also talk about the best way to get employment opportunities through USAJOBS.gov and how to create your resume.

I am also asking that you share this blog address with as many veterans as possible.  This way we can ensure that as many of our fellow vets as possible have the information they need to make wise and informed decisions.

Just a little about me.  I am a proud Navy veteran, even though I've never been on a ship.  Many people can't believe that but it's true.  After leaving the military I worked in various industries until I finally found my passion.  Currently I work in the Business Services program administered by the Workforce Innovation and Opportunity Act (WIOA) of 2014.  In this position I work with businesses to meet their hiring needs.  I assist them in setting up On-the-Job, Incumbent Worker, and Paid Internship training programs.  I also work with our local Department of Labor Vet Reps.   I have my MBA with a concentration in Human Resources.  I am also a disabled veteran who experienced a lot of bad service from my local VA and I have been very vocal with those who can make this experience easier.

Please come back tomorrow for our next blog.  I will be speaking about the disability process and how to make sure your claim is approved.

TTYL!!