VSO Notes for VA Claimants

Filing With the VA Yourself

Filing your own, or a relative's, disability claims or other documents with the VA, either online or with paper, is perfectly fine.  But here are a few tips for you as you go through it.  

• Before starting down this road, be sure you have the Veteran's DD-214 (discharge papers).  You may very well need this and it can take a while to get. Go through The National Archives to get it for free.
• If you are a spouse, child, or other relative completing claims for a Veteran, be sure to contact the VA and get registered with them as the VA's representative.
• There are 3 things you MUST have for each health issue when you file a disabiltiy claim:
  • A diagnosis.  Do not list "sore back" as an issue for which you want to get disability.  Go to a doctor, get an exam, and get an actual disgnosis.
  • Service connection.  Any issue must be caused by an in-servce event OR must have started while in service OR is aggravated by something to do with the service.
  • Nexus.  There must be a "nexus" (or link)  between the diagnosis and the service.
• When you do the paperwork, be sure to read everything on the form and carefully follow the instructions for each part of the form.  Some parts are required, others are only required under certain conditions, and some answers require the submission of one or more other forms.
• Use the latest form version.  They can all be found on the VA website at https://www.va.gov/find-forms/.  Only use forms from that site.  Other sites have them but they may not be up-to-date.  
• Use "Buddy Statements" for disability claims.  Buddy statements are letters from people that know and/or served with the Veteran.  These can be in a normal letter format or, preferrably, they can be written on VA form 21-4138.  These statements must only contain observations of the condition or behaviors and how they affect the Veteran's life and MUST NOT contain any medical options, judgements, or diagnosis.  The statements can be all the difference.
• Dependents.  Be sure the VA is notified of current dependents and keep them updated on any changes using form 21-686c either with paper or online.  
• VA letters.  Read every word of any letters you get from the VA.  If they need any more info from you, they will tell you and there are time limits for your response to their requests.   For example, if you disagree with a disability rating, you only have 1 year to appeal.  In some cases you may have as little as 30 days to respond.  Pay attention to what they send you!
• Exams.  If the VA schedules yuou for an exam, be sure you go.  Failure to do so will likely kill your claim.  Read the info you get abourt your exam.  You can most likely change the location and date/time if there is a scheduling conflict.  Also, do not go into the exam like everything is fine and hide your aches, pains, or what have you or downplay them in any way.  The examiner will likely be observing every move you make and everything you say and do to help evaluate your condition to make a complete report to the VA.
• Don't assume or guess about anything.  If you need help figuring out what to do, contact a VSO, Veteran Center, the Kentucky Department of Veterans Affairs, or the VA.  All of these resources will help you for free and are trained and accredited by the VA.  In our case we also get periodic training from the Legion and Legal teams used by the Legion.  You do not have to be a member of a Veteran service organization like the DAV or the Legion to get help from them.

Many people will tell you otherwise, but the VA is not looking for any reason or excuse to deny your claim.  However, they do have very strict rules in place, encoded in law, to determine what qualifies for benefits and what benefits are awarded under specific conditions.  For example, the nature of a physical ailment will dictate a disability rating and income and net worth or income levels will dictate some of the other benefits available.