Claim processing--1st Iteration

Did you know that if you fle a claim for VA benefits (Let's talk about service-connected disability compensation and/or non service-connected pension)within one year of separation from active duty, your efective date for payment purposes is he day following separation? For those who file a claim more than one year from the date of sparation, the effective date will be established based on the date VA receives and date stamps your claim. HERE'S A TIP: you can file what is known as an "informal claim"--this is any communication received by VA of your intent to formalize (send a completed application form)a caim at a later date. I strongly recommend a written communication-keep a copy. This will open a one year window during which you can gather necessary documents and evidence. If you formalize a claim within the one year window, your effective date will be the date VA rceived the informal claim. This can be a very usefull methodology as a fully developed claim will process faster than a claim received without necessary docments and evidence and you will not lose any money if your claim is sucessful. Different claims will require different documents and evidence. It is extremely important to work with a veterans' advocate from the earliest possible moment--preferably before a claim is formalized. The moment you consider fiing a claim with the VA, seek an experienced and knowledgeable advocate. You will be greatly advantaged by doing this. Do not try to go head-to-head with VA on your own! Veterans' Service Organiztions have "Service Officers" that are available to you, i.e., The American Legion, VFW, DAV, Paralyzed Veterans of America, AVETS,etc. Here's a scenario to consider: A vet seeks service-conncetd disability compensation for PTSD thirty years folowing discharge from service. He needs to show that he has a diagnosis of PTSD, that the PTSD s related to military service, and how the condition is affecting his life. It is good for him to have this evidence prior to filing his claim. So, he seeks an appointmet with a VA physician or a private physician to confirm/acquire the diagnosis, get a description of what symptoms (severity, freqency, duration) are attributable to the PTSD and an opinion that the PTSD is related to military service. He files an indformal claim to protect his effective date while this evidence is sought. This vet is essentially creating/developing evidence that did not exist at the time that he filed the informal claim. If the medical record is created at a VA healthcare facility (hospital or clinic) then the medcal record is in VA's possesion from the moment the first key stroke is hit. If the evidence is dispositive in relationship to your claim, there's no way to retrieve it from the record and the adjudication team deciding the merits of your claim will have access to this info--VA is VA. However, if the medical record is in the private sector, VA only has access to th medial info if you choose to give it to them. Here are some of the documnts and evidece you'll need when you meet with your advocate representatve in support of a claim for S/C of PTSD : Certified copy of DD Form(s) 214; VA Form 21-526 ( http://www.vba.va.gov/pubs/forms/VBA-21-526-ARE.pdf )claim for comp & pension); VA Form 21-22 ( http://www.vba.va.gov/pubs/forms/VBA-21-22-ARE.pdf ) assigning a service organization as your representative; medical records/opinion in support of claim; VA Form 21-686c ( http://www.vba.va.gov/pubs/forms/VBA-21-686c-ARE.pdf ) wth dependency documents, i.e., marriage cert, divorce decree(s), birth certs for dpendents; VA Form 21-4138 ( http://www.vba.va.gov/pubs/forms/VBA-21-4138-ARE.pdf ) as statement from yourself about your trauma(s) in service and symptoms you experience--if you are a combat vet, i.e. you can show combat decorations like the Combat Infantrymans Badge, any star for combat operations, etc., then VA must accept your statement as credible and sufficient unless they can rebut it with clear and convincing evidence (more about this in future blog); Statement from your spouse, family members regarding the symptoms they can observe--they cannot reach any conclusions but they can testify to what they can observe (this evidence is useful in describing severity of the condition); As each claim is quite individual, there may be other evidence or documents needed.