Part 1: VA Disability Claim Checklist

This is Part 1 of a disability checklist that Rightardia is developing. Part 2 will prepare you for the Appeals Process: the Notice of Disagreement and the Board of Veterans Appeals. Part 3 discusses Remands. This is a living document subject to change. 
Please contact Rightardia if you have any ideas on how this checklist can be improved. 

VA Disability Claim Checklist

Before you separate from the Armed Forces:

1. If you are on active duty and become disabled, you can apply for a disability through your service channels or wait until after you are discharged and get a disability through the Veterans Administration. Any disability awarded through the Armed Services is subject to federal income tax. VA disabilities, on the other hand, are tax free.
2. Regardless, get the disability well documented before you leave active duty. Don't leave early for the convenience of the government until you receive a separation physical. You are advised to have a civilian physician examine you before or immediately after separation from the Armed Services. It is always advisable to get a second opinion.
   
3. You have one year after separating from the Armed Services to apply for VA disability.
   
4. Do you have a presumptive condition? If so, get a service officer to expedite your claim. Were you a former POW? Were you exposed to Agent Orange? Are you an Atomic Veteran? Are you a Gulf War vet with an undiagnosed illness?  If so, Disregard the rest of this document.  
5. Disability Application preparation:
   
   1. You will need a PC, a multipurpose laser printer that can copy, fax and print (scanning is optional) and Internet access. You should also have binders to file documents you send and receive from the VA. I recommend you also have logs for documents that you have sent or received. Number the documents so they are easy to retrieve. Also, maintain a an annual planner to keep tracks of VA appointments. If you miss a medical appointment, you claim may be thrown out.
      
   2. You will need a complete copy of your service medical records for documentation.
      
   3. You will need to assemble a medical team. Minimally, this would be one primary care doctor and one specialist. Look for VA virgins, people who have limited or no experience with the VA system. Former VA doctors tend to be prejudiced toward vets. Tell the doctor you are applying for a specific disability and need help documenting the disability. If the doctor is reluctant to help you, find another doctor. All of your doctors should be board certified, particularly the specialist. Most VA doctors are not board certified or they are certified in the wrong specialty. This will become an important issue in the appeals process.
      
   4. Browse through 38 CFR - Book C, Schedule for Rating Disabilities to identify your specific disability. You may discover the same condition in more than one place. See 38 CFR Part C
      
      
      Pick the condition and Disability Codes (DC) that give you the highest rating. Identity you condition to the VA in your application with these codes.
   5. Do you have primary and secondary conditions? For example, if a a military injury damaged your spine, you may have secondary bladder condition related to the primary injury.
   6. Develop a timeline of events leading to the disability. Use progress notes from your medical chronologically document in the timeline and uses the progress notes form your medical records as attachments in the timeline.
      
      
      
   7. Format: Use a standard armed forces staff summary sheet:
      
      Facts: Just provide hard factual information here, no opinion. Many of your medical attachments and the disability timeline should be in this section
      Discussion: Here you can bring in medical opinions from your doctor or any other extenuating circumstances. It is essential that you have at least one letter from a doctor as an attachment here. Note: Draft the letter that you would like the doctor to sign. Keep it short and sweet and show the doctor DC rating scale for your condition from the 38 CFR. Ask the doctor to rate you disability using the VA criteria. It may take the doctor three to four weeks to get the letter completed and back to you. If the doctor is certain your condition is service connected use the term 'due to.” such as Mr. Smith's bladder condition is due to a service connected spinal injury. If the injury was probably caused while you were in the service, use the term “more likely than not”. In this case, Mr. Smith's bladder condition was more likely than not due to a service connected spinal injury.
      Conclusions: List logical conclusion(s) that follow from the facts and discussion: Dr. Smith says the bladder condition is permanent and disabling. Recommendation(s): that the VA awards an 80 per cent disability for the spinal injury and secondary bladder condition. Note: If you don't ask for the moon, you will not get it.
   Filing the disability claim  
   

   1.the VA now has an automated process for submitting a new claim online: see http://vabenefits.vba.va.gov/vonapp/main.asp
   2. Alternatively, you may print and mail-in Form 21-526 or call VA at 1-800-827-1000 to ask to have the form mailed to you.
   3. Be aware that you can fill out the Acrobat form but not save it. You should print out at least two copies: one to mail in and one for your records. You can; however, save the text that you typed in the Acrobat document. See http://www.vba.va.gov/pubs/forms/vba-21-526-are.pdf\4. We recommend you use the Acrobat file the first time because you may be able to better organize the claim. Use the VONAPP for any additional claims.
   4. Find a Veteran Service Officer (VSO) to represent you. Try to find a VA office close to your home that is either at the county or state level. You can also find a VSO at the VA regional office such as the Disabled American Veterans or the American Legion. The abilities of these 'not for profit' organizations vary from VARO to VARO. Ask other vets for recommendations. The Major found that the local VSOs for the DAV were inconsistent, but the National Service Officers in Washington DC provided excellent assistance.
   5. The VSO you pick will submit your application for you and represent you with the local VARO. Have them check over your application before it is submitted.
   6. You can mail any additional information to the VARO by registered mail, give it to your VSO or give it to a claims officer in the VARO's Veteran Center.
   7. Now for the waiting game. The VA wants the initial claim processed 180 days. Have your VSO check on the status of the claim, and contact your congressman and senator or file a legislative inquiry if you need to get the VAROs attention after the six month period has expired.  8. Chances are you will be scheduled for a physical exam in the VA Medical Center (VAMC). It is important to understand that most of the VA physicians are not board certified or licensed in your state. Many of the VA physicians are not medical doctors, put are physicians assistants or nurses  You should get an alternative physical from a board certified physician and have this information placed in your c-file. You should also review the VAMC physical examination progress notes and write a letter to the VARO about any statements in the VAMC physical that you disagree with.  You can also challenge the competency of the doctor if the physical exam was poorly done. Use the following format to challenge doctor's competency. This can be an important issue if you appeal the VARO ruling and chances are you will have to:  I am formally a challenging IAW Case: Rizzo v. Shinseki, CAVC No. 07-0123; Fed. Cir. No. 2009-7026 the education, knowledge, experience, or training of a C&P doctor, Dr. _______________ to provide evidence in my case. I had submitted documentation noting that Dr. ___________ is not board certified in ________________ nor is he licensed in the state of ___________. His specialty is ______________. I request “affirmative evidence” be provided to the Decision Review Officer and The Board of Veteran Appeals when required that establishes the individual’s competence and qualifications to provide the expert evidence submitted.  Dr. ____________ has little or no experience with the __________ conditions, he performed an incomplete examination on me, and made errors of omission and factual errors in the examination report. Specific statements and examples have already been submitted to the ____________ VARO at attachment 1. In addition, I also provided an alternative _____________ exam at my own expense that the VARO, DRO and BVA should using making determinations about my condition. 
   When the physical examination is completed, rating officers in the VARO will use it  to determine the severity of your condition (0-100 per cent). This is why an alternate physical by a board certified specialist is so important. 
   If you have a convincing case that should sail through the VARO, get the alternative physical. Most VAMC physicals are completed in 15 minutes or less and the VAMC 'doctor' is likely to have both errors of fact and omission. Many of the examiners are not doctors or lack the specialty training to conduct a proper physical.  Rightardia does not wish to understate the importance of having an alternative physical exam for the VARO raters to consider.
   
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   Rightardia does not wish to understate the importance of an alternative physical exam.
   
   
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