VA 101: The Basics
Thom Stoddert
Any "knowledge is power" and so it is very much with the Department of Veteran Affairs. The more you understand, the more you can help yourself and your fellow veterans. Understanding some basic information about the VA is essential in filing a successful claim and receiving any due benefits justifiably earned.
In the coming months I intend to write a series of articles based on my experiences working with veterans and my job as a member of a VA Rating Board. My motivation for this is two fold. I am now a 100% disabled veteran. I served as an infantryman in Viet Nam with D troop, 2/17th Cavalry, 101st Abn., in Berlin looking over the wall for a year, and as a medic in Desert Storm with the 12th Evac. Hospital. I am motivated by my pictures of friends KIA, the faces of frightened wives of deploying reservist, and the memories of the great guys I drank with for days on end while sharing their experiences.
Finally I am grateful to the Department of Veteran's Affairs for employing me even though they let me go when I could no longer control the symptoms of service connected medical conditions. Now I have the time to write and support other veterans through “The Veterans’ Voice.” I am also a veteran's service officer (VSO) working out of my brief case going to where the veterans are.
We all know the VA is a massive bureaucracy, but how many people know the VA is divided into three branches that don't really talk to each other very well? There is the Veteran's Health (hospital) Administration. Then there is the Cemetery Administration who manages the National Cemeteries. Let's not go there any time soon. Finally the Veteran's Benefits Administration (the VBA) consisting of Regional Offices in each state. At the Regional Offices claims are decided, rating percentages are assigned, and eligibility for other benefits are awarded that affect benefits.
The national service organizations are another very important slice in the pie. These are better known as the VFW, the American Legion, The Viet Nam Veteran's of America, and Amvets. They are not a part of the VA, but interface with and sometimes oppose the VA for what they believe is best for veterans. These folks come in two flavors. The National Service Officers (NSOs) who are very well trained and experienced with working with the VA. Then there are the Veteran Service Officers (VSOs). They are usually volunteers who have some training and usually work at meeting halls. Finally there are the various state, county, and local veteran groups. All with different agendas and resources. In any case these organizations are there for you. I'm not silly enough to believe they are all effective and beneficial. What I am saying is that there are plenty of sincere and dedicated resources out there available to the veteran to act as his/her advocate. Find one that fits you.
The next question that may be on your mind: How do I make a claim with the VA? First let me explain what a claim is as there is some confusion with this subject. When a service member is injured or becomes sick on active duty the medical issue(s) must become a chronic condition. The symptoms of this active duty incurred medical condition must be evident after leaving the service. Any medical condition that is shown by evidence to have been incurred in service and is still evident after military service should receive the legal status of being "service connected." Once a medical issue has been granted service connection a monetary award will be determined. Only a VA Regional Office can determine if an issue is granted "service connection."
Now, how does a veteran ask for service connection of a medical condition? There are several ways. You can write the regional office stating that you want to file a claim for service connection of whatever medical condition you believe was incurred or aggravated during military service. They will then send you a VA form 21-526. A veteran can also go to a national service organization to be helped by a NSO or a volunteer VSO. I recommend this very much. You can even go on-line, no snail mail, to WWW.VBA.VA.GOV and fill out the 21-526 there. Let me warn you- it is one very long form, I suggest you get help; here is where your spouse can really contribute. Once the VA has your claim they will immediately start working on it. You will receive other forms that ask you for more information to develop your claim. The VA will make every effort to locate and obtain your service medical records and any private medical records you have identified. If they can not get them they will tell you. Please understand this very important point in VA law: there must be credible evidence to support any claim before the VA can make a decision in the veteran's favor.
The VA is not a government agency with secret conspiracies to fraud veterans of their well earned benefits as I have heard over and over again; it is an overworked government agency that for many legitimate reasons is slow. It is a bureaucracy that does make mistakes because it is staffed with human beings. That is why service organizations exist. Find one that works for you. Consider them free lawyers. Read, read, and reread any letters the VA sends you. If you still have questions find help. Always respond to the VA when they ask for information.
My future articles will be based on my experiences having worked with many veterans and seeing their needs. Remember "knowledge is power" and thus armed, your dealings with the VA will be more successful.