Tuesday, June 19, 2012

Tips on Applying for VA Disability

By Lee Grayson

Disability compensation from the Department of Veterans Affairs provides benefits to current or former service members for injuries or diseases incurred while on active duty in the military. Conditions aggravated by military service may also qualify for benefits. Recipients discharged from service under dishonorable conditions usually do not qualify for benefits, even if the disability is service-related. Spouses, children or parents of disabled veterans may also qualify for benefits. Applications may be filed in person, by mail or online.

Letters to the Department of Veterans Affairs or local VA office must include a specific claim, dates and copies of any documentation and proof you have in your possession. Do not, under any circumstances, send original documents. Send the application forms and paperwork to the exact return address on the form or letter or deliver in person to a VA office. If an agent is listed, send the package to the full address listed for correspondence and note the name of the agent requesting the forms, if there is one.

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Specific requirements must be met to confirm a disability. Documents showing proof that the claimant served in the military and that the illness or injury was sustained while on active duty should be included if possible. Current medical records describing the condition may also be supplied. VA investigators have access to service and battle records, but specific dates of service and a narrative of the causes of the condition help staff research records. Some medical conditions, classified as "presumptive service related," are recognized by the VA as directly linked to service even though diagnosed later in life. Examples include exposure to chemicals such as Agent Orange, which has been linked to certain diseases.

Disability claims work through the system in an organized fashion. Filing a duplicate requires the claim to return to the original status for processing. Claims may be amended at any time to include additional conditions, but these changes require additional documentation and processing. Continually adding conditions to an open claim generally delays the VA's decision on the claim. Follow up with a letter or telephone call to determine the status of your claim, but avoid sending a duplicate claim.

Legal counsel may assist in filing claims and requesting status information on current claims, but a lawyer is not required for filing a disability claim. Local VA offices assist in completing forms and collecting documentation necessary to make claims. The Veterans of Foreign Wars, Disabled American Veterans, American Legion and other veterans' service organizations offer free or low-cost assistance in completing forms and putting together documentation to accompany claims. VA does not recognize power of attorney for a family member.

Send as many relevant documents as possible either with the original claim or in response to VA requests for evidence. Many documents arriving at various times can delay the claims process by becoming separated or misfiled. Send information with a confirmation of delivery so you'll know that the package arrived. Be aware that VA compensation and pension claims are deeply backlogged at various offices due to many returning veterans from current conflicts.


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