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Early VA claims can make a big difference
Posted 10/26/2010 Updated 10/26/2010
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by Catherine McNally
Hilltop Times staff
10/26/2010 - HILL AIR FORCE BASE -- In today's world of competitive job markets, economic dips and jumps and the constantly fluctuating price of gas, it can be easy to get tunnel vision and focus only on one thing at a time.
Even with a huge checklist of things to do, military members can rest assured that people like Scott Jones, the transition assistance program manager with the 75th Force Support Squadron, will make sure their pre-separation transition goes smoothly.
"(Military members) really need to take the steps to prepare themselves for (their) transition," Jones said. One of the ways to prepare is to file a claim for veteran's compensation before being discharged.
"They can file a Veteran's Affairs claim prior to discharge," Jones said. At 180 to 60 days before the date of separation an Airman would file through the Benefits Delivery at Discharge program and at 59 days to the date of separation they would file under the Quick Start program, Jones explained.
Not only is it better to begin filing a claim early because of the chance to receive benefits sooner -- and an almost guaranteed military service connection -- but also because the process can be extremely time consuming. Things like requesting copies of medical records from off-base doctors can take time but are necessary to substantiate a claim.
If a claim is filed early -- at least 180 to 60 days before the date of separation -- a decision can be made up to two to three months after the date of separation versus up to one year after, Jones explained.
"It's really not that difficult of a process," he added, explaining that efforts are being made by the VA to reduce claim processing time and improve the application process.
Claims assistance
Even though claims can be completed without assistance on your own or through the VA, it can still be beneficial to seek assistance.
Claims can be difficult due to the specific format required when filing, Jones explained. It's much like having someone from H&R Block help you with your taxes. If it's filled out right, you could see an increase in compensation and fewer delays in claim processing.
The three primary organizations that offer assistance with filing VA claims are the Disabled American Veterans (DAV), the American Legion (AL) and the Veterans of Foreign Wars (VFW).
These three organizations can also assist military members with appeals and only require a Power of Attorney to be able to act as the military member's medical representative and state their case.
"These services are completely free and you need not join or become a member of their organization," Jones added.
How compensation works
When a claim is filed with the VA, they first make sure that each medical disability claimed can be substantiated via medical records and an examination and therefore has a direct connection with the claimant's military service.
To do this, the VA contracts out to a third party medical examiner who will examine the military member. Along with this, military members should scrutinize their military and medical records to make sure everything adds up, Jones stressed.
It's also important that the military member not miss their scheduled appointment with the third party medical examiner, he added. If missed, the appointment can be "next to impossible" to reschedule. "A 'no show' may equal a 'no go!' " Jones said.
If you're moving, you may want to wait until you've completed your move to your state of residence before you file the claim so that there is no chance this appointment might be missed, Jones said.
Once this is done, the VA will assign a percent to each verified medical condition. The percent is based on how the medical condition affects the claimant's employability and various other rating factors, with employability being the main factor.
For example, the VA might rate a single joint at 20 percent and another joint at 10 percent, but combined they may only add up to 20 percent. Multiple issues with multiple joints normally rate higher.
Once done the VA will total up all the percents and then determine the amount of compensation to be offered. Once rated and approved for higher compensation, the veteran will be eligible for compensation and other possible benefits including any medical care directly related to the injury or illness approved.
"A veteran can even be rated at zero percent with a granted military service connection and still receive future VA benefits if the condition worsens," Jones said.
Compensation tables can be found on the VA website at www.va.gov under the "Veteran Services" tab.
Jones pointed out that, according to the tables, a veteran with a 30 percent disability rating, a spouse and a dependent child would earn $453 a month. The amounts awarded per month adjust with the yearly Cost of Living Allowance to provide an accurate amount of compensation.
Appeals
If a military member decides that their amount of compensation is not enough, they can file an appeal with the VA. Organizations like the DAV, AL and VFW can also assist veterans with the appeals process.
Jones himself has been through the appeals process, which he said took him about three and a half years to complete. "I've seen it take longer," he added, "but luckily once the appeal goes through the VA will administer retroactive pay back until the date of the claim."
Appeals can also be made if medical conditions related to a previously claimed condition progress.
Benefits of filing a claim
"There are tons of advantages," Jones stated.
Veterans with a disability rating are eligible to receive free VA care for their declared injuries.
All VA disability compensation is tax free, Jones explained. Which means that, at 40 percent compensation, the 40 percent of your military retired pay that is paid by the VA is tax free.
If a veteran received 50 percent or more disability compensation, they could be eligible for what is called Concurrent Receipt Disability Pay. This means that the veteran can receive both VA compensation plus the full amount of their military retired pay.
Jones noted that Concurrent Receipt is still being phased in until 2014. After 2014 there will be no reduction in the military retired pay.
Other benefits include survivor benefits, home loans, life and traumatic injury insurance and burial services. Veterans may also be eligible for vocational rehabilitation.
You can use either the GI Bill or vocational rehabilitation, Jones noted. "Both the Post-9/11 GI Bill and vocational rehabilitation programs have many advantages to offer," he added. "Members should seek information on qualifying criteria."
Not only can veterans receive benefits directly from the VA, but many states also offer benefits as well.
The state of Utah offers several benefits to disabled veterans and their dependents, which includes the Disabled Veteran Property Tax Abatement offered to disabled veterans with a disability rating of 10 percent or higher.
More information on Utah benefits can be found at www.veterans.utah.gov under the "State Benefits" link.
"They definitely want to make sure they're in touch with their local VA office," Jones said. For more assistance or questions, they can also contact anyone at the Airman and Family Readiness Center by calling (801) 777-4681.
Veteran's Affairs: Salt Lake City Regional Office, which also includes offices for the DAV and VFW, is located at 550 Foothill Drive, Salt Lake City. (800) 827-1000, www.va.gov.
Disabled American Veterans offices are located at 550 Foothill Drive, Room G-3, Salt Lake City, (801) 326-2375, www.dav.org.
The American Legion offices are located at 550 Foothill Drive, Suite 203, Salt Lake City, (801) 326-2380, www.legion.org.
Veterans of Foreign Wars offices are located at 550 Foothill Drive, Suite 203, Salt Lake City, (801) 326-2385. www.vfw.org.
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