Resources

INFORMATION FOR VETERANS TO ASK MORE QUALIFIED QUESTIONS

•  Current information allowing Veterans to ask more qualified questions of their service officers (VSO).
•  This is what is currently available; your VSO(s) can provide the specifics regarding your eligibility and
   actual process.


When  you say, “the VA…”

The Department of Veterans Affairs (VA) includes the following:

1. National Cemetery System
2. Veterans Health Administration (VHA)
3. Veterans Benefits Administration (VBA)

Always change your address with the hospital and the Regional Office, individually


WHICH FORMS TO USE FOR FILING A CLAIM (21-526B or 21-4138)?
•  Form 21-526b (click here for on line form), "Supplemental Claim for Compensation," is now used.
   Check the appropriate box.

•  Takes the normal time process, 10mths -1 year.

•  Form 21-4138 (Click here for on line form), "Statement In Support of Claim," used for all other
   items, including filing an informal claim to preserve date.

•  Disability Benefits Questionnaires (DBQs). Completed by VHA Clinicians

•  Used for 3 new Nehmer (Nehmer v. US Dept of Veterans Affairs, Case No. 06-15179, July, 2007)
   items, with more being added in the future. Can be used for fully developed claims as well.

•  Two pages, with a waiver instead of fouteen double sided pages.

•  Can be used to file:
   1.  An Increase
   2.  Reopen a case
   3.  New item
   4.  Secondary Condition

• TAKES AS LITTLE AS 3-4 MONTHS!


NEW FORMS
•  21-526EZ - Fully Developed Claim (for Compensation)
•  21-527EZ - Fully Developed Claim (for Non-Service Connected Pension)

EVERYTHING MUST BE TURNED IN AT ONCE: MEDICAL RECORDS, SERVICE RECORDS, etc.


"RE-OPEN" INSTEAD OF APPEAL
•  When you have been denied, determine what were you are missing. Then re-open with the “New &
   Material” evidence.
•  Time frame Time frame is 5 to 7 months instead of 18 months to 5 years for an appeal.
•  Must physically have more than one page stapled together, using the above words.


NEW ISSUE TO FILE FOR …
•  Traumatic Brain Injury (TBI - post-concussive syndrome) resulting from traumatic brain injury caused
   by explosions, grenades, land mines. Even from the Vietnam war.
•  Important: request a TBI evaluation, especially if there was a loss of consciousness.
•  If tested positive, add to claim.


SECONDARY ITEMS
If a secondary condition is caused by a service connected disability , by the medicine or treatment of the original diagnosis, it can be service connected with “at least as likely as not“ (e.g. - tinnitus from chemo).


SECONDARY TO SERVICE CONNECTED PTSD:
•  Gastro-Esophageal Reflux Disorder (GERD)
•  Bruxism - grinding teeth
•  Sleep apnea
•  Hypertension (HTN), sometimes
•  Conditions caused by self-medication (liver and or heart, cirrohsis, hepatitis C)


ASK QUESTIONS
•  Always accept any medications or therapies offered.
•  If not comfortable with medications or therapy, ask questions until you are satified.


VIETNAM: A VERY DIFFERENT KIND OF WAR
•  The draft, individual replacement, no chance to grieve, government did not support the soldiers
   efforts, enemy looked the same as the good guys, couldn’t trust a coke can at the side of the road,
   couldn’t trust a four year old kid.


KOREA, WORLD WAR ll VETERANS
•  Many of our older veterans are in need of Aid and Attendance, especially if they are in a supervised
   care facility. Veterans with Ninety days active service and one day of war time, are qualified to
   request it.

•  Non-service connected Pension with A & A. Low income, off set with medical expenses, make it work.


Relaxed Stressors
•  Vietnam could be a terrifying place to be, as is Iraq and Afghanistan. Form 21-0781 (click here for on
   line form), "Statement In Support of Claim For Service Connection For Post-Traumatic Stress
   Disorder (PTSD) needs to be completed to match circumstances.

•  Personal PTSD, resulting from assualt or Military Sexual Trauma (MST - male and female) also
   relaxed. Veterans statement to be used as evidence, with benefit of the doubt given to the Veteran.


REQUESTING AN INCREASE
•  “A day in my life, with my knee”. Notes over a 24 hour period to give your doctor a clear picture of
   living with your knee.

•  Same idea for PTSD - with regards to thoughts and feelings only.

•  Share that with the psychiatrist, in the hopes it will give him a better idea of your reality. His notes
   may be interpreted to get an increase.


INDIVIDUAL UNEMPLOYABILITY
•  The Veterans Benefits Administration (VBA) offers a program for veterans rated 60% for one SC
   condition, or a combined percentage of 70, 80, 90 with at least one at 40%. They will pay you at the
   100% rate ifyour doctor will enter the following statement.

“As a result of his combined service connected conditions,
and without regards for other factors, he is unable to obtain
& maintain substantial employment”

ADDITIONAL BENEFITS AT 100% RATE
•  Apply for SSDI, Social Security Disability Insurance. You are able to collect both.

•  Apply for Independent Living, through Voc Rehab. They are required to interview you in order to
   determine what interests and avenues to better socialization apply to you.
•  Direct Connection (not on a list)
•  Three basic requirements (minimum)
   1.  documentation of an incident of some sort
   2.  current diagnosis of a disability
   3.  doctor’s statement connecting the two:

 “After reviewing the service treatment records regarding
the stubbed toe injury, it is at least as likely as not related to
the development of toe cancer”.

PRESUMPTIVE
•  Direct connection requires such a statement. All the evidence in the world won’t matter - VBA raters
   are not allowed to draw a conclusion.
•  Presumptive is determined by Congress, and does not require that statement.
   E.g: A DD214 showing service in Vietnam proves A/O exposure if you are claiming diabetes.