Rightardia recommends vets file a pro se claim because we think most service organizations like he DAV and AmVets offer little value added. The average Veteran Service Officer (VSO) supports 300 claimants
If you file pro se , you also get any extra benefit of the doubt. If you opt for pro se, the VARO has to give your claim an extra benefit
of the doubt because you are not using a service organization.
Before you file
1. The vet needs a PC. Older PCs of
Pentium 4 vintage and later run find with Linux. You can get one of
these older PCs from Goodwill for $50. You also have Libre office
(Open Office) for word precessing and Draw which can edit Acrobat
document with such as Disability Benefits Questionnaires (DBQ). Use Libre
Writer to paste text into the Draw document. All the major browsers
except Internet Explorer work in Linux. See
http://voices.yahoo.com/using-openoffice-edit-pdf-files-6153998.html
2. An Internet connection. Of course,
claims can also be submitted using the Internet at the library.
3. A laser printer, multi-function
printer (MFC) fax, copier and scanner. Laser printer are cheaper in
the long run than dot matrix and also print a lot faster.
4. Read two
books: Claim Denied!: How to Appeal a VA Denial of Benefits
[Paperback]
John
D. Roche and Veterans Administration Claims: What You Need to
Know to Be Successful, hardcover by
Asknod.
5. You will need your service medical
records (SMR) and DD From 214, Statement of Service, to file a claim.
You can order those on theEbenefits web site, but you need a premier DSLogin
(ID and password) first.
6. Before you begin. Peruse 38 CFR,
part C and try to find the disability codes that fit your conditions.
7. Take a close look at the policy in
the 38 CR and the supplements. You need to understand VA concepts
such as a bilateral rating and pyramiding.
8. How to organize the narrative of
your claim. Peruse 38 CFR. Part c and try to determine what system(s)
you disability falls into such as skeletal, respiratory, digestive
and so forth. Is there any relationship between the conditions? For
examples if you were exposed to Agent Orange in Vietnam, you may have
type II diabetes. You may also have some of these other secondary
conditions.: Peripheral Artery Disease Ischemic Heart Disease,
Carotid Artery Disease Stroke , Kidney Disease
Hypertension and Diseases of the Eye. Can you relate your
conditions in terms of primary and secondary conditions?
Another example if you contacted
meningitis or encephalitis while in the service, you may have damage
to the brain and brain stem and suffer from tinnitus, hearing loss,
and sleep apnea. The latter conditions are secondary to encephalitis.
Try to find pages in your SMRs that directly relate to your claim.
Use those pages as attachments to submit a fully developed
claim.
Develop a team of doctors who are you
advocates. Minimally I would suggest one primary care doctor and one
specialist. Make sure both are board certified and have reviewed your
SMRs. They can also review your VA records you can get using Blue Dot
downloads from MyHealthEvet. You need premium DS Login first to
create a second login to My HealthEvet. Interview the doctor and ask
them if they will help you with letters and disability benefit
questionnaires. If he or she won't, find another doctor.
Format for filing the claim
This is how I would recommend you
structure the narrative in the VA Form 21-526
Note: VA Forms 21-526,
21-686c, and 21-4138 are no longer available for use and submission
in the Veterans Online Application (VONAPP).
The Department of Veterans Affairs (VA) is
transitioning from VONAPP to a new online VA claim service known as
VONAPP Direct Connect (VDC) for all Compensation claims, which is
currently available for use in eBenefits.
Purpose: Award claimant a 60
disability for PTSD. (Here ask for what is based on the tables in the 38 CFR, Part C. Make sure any letter or DBQs
you have from your doctors are in agreement.
Facts: Describe how you medical
condition is service connected and provide a time line of the events
while you were in the service. Avoid any opinions or conjecture here.
Discussion: You can discuss how
the primary and secondary conditions relate and how his condition has
affected your life. Letters from service buddies and employers should
be used as attachment if you lack SMRs. Try to link all of your attachments to
statements and in the facts and the discussion, e.g., the claimant
contacted Hepatitis C in Saigon and was hospitalized for 3 months for
the condition (atch 4).
Conclusion:
1. The claim for meningitis is service
connected.
2. The meningitis caused the secondary
condition of sleep apnea, tinnitus and hearing loss. See the letters
and DBQs at attach 7, 8 and 9.
Recommendation: Award the claimant a
100 per cent disability go the primary condition of cirrhosis and the
residual secondary condition Hepatitis C.
You can use this same Format on a Form
9 for a VA appeal. It's a good idea to get additional doctor's
letter, progress notes and DBQs for the BVA appeal.
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