Information for veterans

1. Information for veterans So you can ask better questions

2. This is NOT claims training. • This is current information that you can take back to your chapter members so they can ask better questions of their service officers. • This is what is now available; your service officer can let you know the specifics as to your eligibility and actual process.

3. When you say, “the VA…” • National Cemetery system • Veterans Health Administration (VHA) • Veterans Benefits Administration (VBA) Always change your address with the hospital and the Regional Office, separately.

4. 21-526B? or 21-4138? • 21-526b now used. Just check the chosen box. • Takes the normal time process, 10mths -1 year. • 21-4138 used for all other items, including filing an informal claim to preserve date. • DBQ’s---Disability Benefits Questionnaires • Used for 3 new Nehmer items, soon more.

5. Fully Developed Claims • Two pages, with a waiver---instead of 14 double sided pages. • Can be used to file an --- • Increase • Reopen • New item • Secondary condition • TAKES AS LITTLE AS 3-4 MONTHS

6. New Forms to Use • 21-526EZ---a 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, et all.

7. “Re-Open” instead of Appeals • When you have been denied, determine what of the trifecta you are missing. Then re-open with the “new &material” evidence. • Time frame---5-7 months instead of 18 months to 5 years for an appeal. • Must physically have more than one page stapled together, using the above words.

8. New Item to File for… • TBI traumatic brain injury (post-concussive syndrome) resulting from traumatic brain injury. Explosions, grenades, land mines. Even from the Vietnam war. • Especially if there was a loss of consciousness, request a TBI evaluation. • If positive, add to claim.

9. Secondary Items If a secondary condition is caused by a service connected disability , or by the medicine or treatment of the original diagnosis, it can be service connected with “at least as likely as not“ Ex: tinnitus from chemo There are a few that can be secondary to PTSD:

10. Secondary to sc PTSD • GERD-gastro-esophageal reflux disorder • Bruxism—grinding teeth • Sleep apnea • HTN (sometimes)--hypertension • Conditions caused by self-medication (liver and or heart)cirrohsis, hepatitis C

11. Ask Questions • Always accept any medications or therapies offered. • If not comfortable, ask questions until you feel ok about it.

12. A 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.

13. Korea & WW II veterans • Many of our older veterans are in need of Aid & Attendance, especially if in supervised care facility. 90 days active service, with one day of war time, makes them qualified to request it. • Non-service connected Pension with A & A. Low income, off set with medical expenses, make it work.

14. Relaxed Stressors • Vietnam could be a terrifying place to be, as is Iraq and Afghanistan. The 21-0781 still needs to be filled out to match circumstances. • Personal PTSD ( resulting from assualt or MST (military sexual trauma---male & female) also relaxed. Veterans statement to be used as evidence, with benefit of the doubt on vet.

15. How to Get 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---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.

16. Individual Unemployability • The VBA offers a program for veterans rated 60% for one SC condition, or a combined % of 70, 80, 90 with at least one at 40%. They will pay you at the 100% rate if your 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”.

17. 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. • (no membership to Hooters, but it might be fishing equipment, a camera & scanner, etc).

18. Direct Connection (not on a list) • Three basic requirements, at the least. • 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”.

19. Presumptives • Direct connection require that statement. Truck loads of evidence won’t matter. VBA raters are not allowed to draw a conclusion. • Presumptives were determined by Congress, and do not require that statement. Ex: A DD214 showing service in Nam proves A/O exposure if you are claiming diabetes.