Tuesday, June 19, 2012

How Do I Get a Letter of Disability Rating From the VA

By Henry Randolph

Military veterans with eligible service-connected disabilities who were discharged under any but dishonorable conditions can file a claim with the Veterans Administration (VA) for disability compensation. If the VA approves the claim, it sends a letter to the claimant stating a disability rating percentage and the monthly dollar award payable.

However, approval is not guaranteed. Before you file, understand the claims procedure, marshal your documentary evidence and then comply with all filing requirements. The law allows an appeals process for rejected claims, but appeals can drag out for years, so get it right the first time.

The VA does does not make it easy to get disability compensation. You can try to tilt against its bureaucratic windmills solo, but be clear about what you're getting into. Start off by reading "The Veterans' Survival Guide: How to File and Collect on VA Claims," by John D. Roche. The author, a former VA claims adjudication specialist, shows how to construct a well-grounded claim and how to comply with claims procedures, the two key requirements for success. Once you have absorbed this advice, assemble all the documentary evidence required with your application, then go to the VA's benefits website to order VA Form 21-526 or to file online (see Resources). Be sure to follow Roche's recommendations from here on out.

Somewhat ingenuously, the VA's website instructs you to attach the following information to Form 21-256 "if you have it": discharge or separation papers (DD214 or equivalent), dependency records (marriage and childbirth certificates), medical evidence (doctor and hospital reports). Well, you'd better have all of it and then some: not only your DD Form 214, but also service medical records (outpatient), dental records, entrance and separation examination reports, inpatient hospitalization records (private or military), private outpatient medical records (if applicable), personnel file, Line of Duty (LOD) investigation reports, and overseas or temporary duty (travel) orders. Besides having to gather all this up, make sure that your exhibits contain no errors that could delay or even prejudice your claim.

You can go it alone, but it's wise to enlist the skilled benefits specialists at veterans' service organizations like the American Legion, Veterans of Foreign Wars and others in your cause. Many state and local agencies offer help as well, and all of it is free. The VA will even let a recognized service organization (see Resources) represent you before them. To make contact with a specialist in your area, get the name and contact info from the service organization's website. If she takes your case, file VA Form 21-22, Appointment of Veterans Service Organization as Claimant's Representative, to let the VA know who is representing you. The extra paperwork will be a small price to pay for having seasoned, sympathetic help in the looming bureaucratic battle.


http://www.lenderva.com

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