Community Update

VA Claims Backlog and How to Beat It Part II

So, I've covered the Teachers Handbook (38 CFR C), as well as the FDC Synopsis. Now onto the Homework Assignment (The Gathering Process), and the Midterm Exam (The Filing Portion). I call this the Midterm because it will give you a good feel for what you will get for a grade, and you can still challenge that final grade with an Appeal or Notice of Disagreement (NOD), Which would be the Final Test.

Here's your homework! Your tools needed are the SMR's and C-File, as well as any doctors notes, treatment files, "Buddy Statements" from people you served with or friends and family that may help your case, a notebook, pens and color coded sticky tabs (Such as Post-its). First, you want to go through each individual note and treatment statement in your SMR's and C-File, noting everything that has been entered (or not, which is correctable, we'll delve into that later) in a blank notebook. Note Dates, Times, Treatment Provider (Dr., Nurse, etc), and Most importantly which contention it relates to. If it can relate to multiple contentions (i.e. Confusion, which can be related to multiple systems (TBI, PTSD, Alzheimers, etc>)), note it with both contentions and hold on to that page. Buddy Statements, from friends, family, and brothers in arms can really help a case. For example, many units deployed to Iraq for the initial invasion had a hard time keeping up with casualty reports while in such a fast paced battle scheme. Many individual treatments went un-noted to get men back in the fight. This can lead to a problem if you are claiming service-connection for something the VA cannot see in your files. Buddy Statements of these events can be extremely beneficial in this case. Also, Friends Family and Loved Ones can write a note about the way you have changed since being in the military, or that they witnessed an event. Take all of this evidence and make a lot of notes. Once all of the notes are made, it is time to compile your data.

This can be the hard part, as you will probably have generated quite a lot of ink on paper. For each contention you are filing, take your post-it note tabs, and assign one color for each contention. Now attach that color, with your Note of Date, Time, Provider and Contention, on the edge of the page of your SMR and C-File. This makes it very easy for the reviewing official to find and verify data in support of your claim, and will cut their time handling it in half. For any loose notes with no specific contention, file as miscellaneous and ask for a rater review, as they know the Regulations and Claimable Disorders, if it's ratable, they will find it.

To start your claim there are a few methods of moving forward. What I recommend the most is to contact a Veterans Service Organization, such as the Disabled American Veterans, Veterans of Foreign Wars, Iraq and Afghanistan Veterans of America, Wounded Warrior Project, or American Legion. They have dedicated Veterans Service Representatives (VSR's) that know the ins and outs of the VA System. Many of these organizations are even housed in a VA Regional Office (Such as the DAV in the Newington, CT VARO). They can give you a "fast-track" on the process by gently prodding your claim through the quagmire of the VA. Another approach that many veterans choose is to go it on their own. While I don't advise this option, it is still there, and relatively easy to start. There are 2 ways to go it on your own. By signing up online for a eBenefits account through the VA (https://www.ebenefits.va.gov/ebenefits-portal/ebenefits.portal), and doing a guided claim process through a web-based program called Vonapp, or by mailing a full claim into the VA Regional office. The latter will take much longer, as everything you submit must be manually inputted into the VA System, and things can be misplaced or lost. The day the VA Receives your claim is the date that an entitlement will be based.

Once you have completed the midterm exam portion, it is time to wait for your grade. If you did the homework and studied the Teachers Handbook (The CFR), you will have a very good idea where the claim will come out in the end. I followed this process step by step, and was right on with my guess for overall disability rating.

While you wait for the claim, you can log into eBenefits and check the status. A Basic Claim has 8 Steps in the process: Claim Received, Under Review, Gathering of Evidence, Review of Evidence, Preparation for Decision, Pending Decision Approval, Pending Notification, and Complete. The longest step in all of them is Gathering of Evidence, and if you did your homework correctly it will take much less time to grade.

When a claim finally shows complete, you may be able to see what the percentage is based on a VA Document in the eBenefits webpage called a Verification of Benefits, or an AB8 Form. This will tell you if you need to study for a final (Appeal or NOD). If you are satisfied with the rating, congrats, you have done well and will receive your check shortly! THANK YOU FOR YOUR SERVICE!