Special Series - Understanding the VA Claims Process -
- The Veterans' Service Officer
“You will never understand bureaucracies until you understand that for bureaucrats procedure is everything and outcomes are nothing.” - Thomas Sowell
The emails come often; “Jim...My Veterans Service Officer isn't returning my phone calls.” or, “Jim...My VSO doesn't use email.” or even, “Jim...I called the VA today to ask why the holdup on my claim and they tell me there is no claim! My VSO never submitted my paperwork.”
Most veterans believe that they must use a Veterans Service Officer (VSO) to assist them when they file a claim for disability benefits with the VA. This belief is propagated mostly by the Veterans Service Organizations (also known as National Service Organizations) that supply the Veterans Service Officers (or National Service Officers). Veterans are told horror stories of how difficult the process is, how hard the paperwork is to complete and even how to get an edge by joining a Veterans Service Organization and receiving the “special treatment” of dues paying members.
Earlier today an email message for me arrived from a young OIF veteran. The fact is, he isn't quite yet a veteran, he's on a Temporary Disabled Retirement List with a 40% disabled rating from the U.S. Army. His separation date comes around in June 2008. But the propaganda is already beginning. He writes to tell me, “I was recently at a Disabled American Veterans info briefing where the gentleman who briefed us told us point-blank: 'You WILL need help to properly fill out your VA claim.'”
Of course, nothing could be farther from the truth.
The fact is that the Veterans Benefits Administration (VBA) holds its doors open to all veterans. The “VA Insiders”, those VA employees who show their concern by writing to us at VAWatchdog tell me that they don't pay attention to where a claim comes from. If the claim is complete, if evidence is in place, if signature blocks are appropriately filled in, one claim is treated exactly like the next.
Even the National Commander of the 800 pound gorilla of these groups, the Disabled American Veterans (DAV), Bradley S. Barton, Esq. agrees. In a press release August 18th 2006 Commander Barton said that the VBA is a “largely administrative claims process, which is designed to be open, informal and helpful to veterans.”
What then, exactly, does a VSO do? What qualifications does a VSO possess? Why do you need a VSO? How do you go about choosing your representative?
We'll begin by looking at how the system works.
If you served in a military uniform, with very few exceptions you're eligible for a wide range of benefits. Most benefits like home loans work smoothly and with little fuss. However, if you believe you're eligible for a disability benefit because of an injury or illness that was incurred or aggravated during your service, you address your mental health or physical injury concerns to the Compensation & Pension section of the VBA.
There you'll find that the demands are more stringent than getting a home loan or using your education benefits. You must prove your disability claim by providing evidence along with an application. The demands for proof of your claim are rigid and unforgiving. The system may quickly become adversarial.
Enter the VSO.
In theory, a VSO is authorized to represent you to the VBA by virtue of training, education and experience. You're required to sign over a limited Power of Attorney (POA) to the parent organization of the VSO. That POA gives the VSO access to your confidential medical records and your military records as well as the right to act for you in matters before the DVA.
As the VSO belongs to a national organization such as DAV, VFW, MOPH or PVA, or since the VSO may be a state or county employee, veterans assume that this individual is supported by their parent organization, that he or she is well trained and and that the VSO will conduct their duties in a professional manner.
Unfortunately, this isn't always the case.
In the last week I've received ever more alarming messages from veterans, like this one; “Dear Jim: I need your advise please. I am a Vietnam Veteran. I have 70% PTSD, 10% disability for surgery in Vietnam. I submitted papers for unemployability with my VSO in (redacted) and the VSO never sent the paperwork to the VA. Background: 2006 I applied for unemployability (IU) using my VSO. 2007, I asked the VSO 'why is it taking so long'? The answer was 'there are a lot of cases'. In 2008, I called the VA office in (redacted) and asked 'what is the problem about my compensation'? His answer was he never received any paper work about the unemployability. In March 2008, (I reapplied and then) I received a letter from the VA stating that I was too late and to start again. How can I rectify this claim as I have lost one and a half years due to negligence on the part of the VSO?”
At first glance, I had a hard time believing this story. After a dozen back and forth emails and a few hours of review, I discovered that the salaried full time employee VSO who represented this veteran had been stuffing away many pieces of important paperwork in a file cabinet without forwarding them to the VBA.
This wasn't the only veteran affected and the local chapter of the Service Organization that VSO worked for is now busy uncovering a year or two of his neglected files. I became a true believer of the veterans story when he provided me with emails where officers of the organization were confessing the mistakes to each other as they tried to avoid any responsibility.
The bottom line was easy to see. The VSO was acting as an independent operator with no guidance from the upper echelons of his organization. He had no supervision and no checks and balances that could quantify his on-the-job performance.
In most jobs the boss is always looking over your shoulder to ensure that you're doing a good job. The Veterans Service Officer doesn't usually have any such oversight of their performance. If there are delays or errors, it's easy to point a finger at the VARO and cast any blame in that direction. If the veteran doesn't get the benefits they deserve, the VBA is always the culprit.
I quickly recommended that this veteran retain an attorney. He's done so. Now he'll set out to recover about 2 years of missing pay and benefits at the 100% rating that was lost to him because of the lack of supervision of the neglectful VSO.
I'll concede that this example is extreme. But it's only extreme because there is concrete evidence to show exactly what happened. Usually there's no real proof that your VSO may not have timely submitted correct documents to the VBA. Many veterans report that when they receive a denial letter from the VBA it's as if the rater hadn't bothered to read all the evidence that the veteran gave to the VSO. Years later, when the veteran gets a complete copy of his claims folder, that evidence isn't there. The VBA usually gets the blame for “losing” the veterans evidence.
The delays and the lack of communication from the VBA ensures that the VSO won't take any heat at any step of the way.
When we examine what happened to this veteran, we soon learn that there is no nationwide standard for who can become a Veterans Service Officer, what training they receive or how they conduct their business.
If you visit a doctor and ask to have your illness treated, a lawyer for a legal solution, a social worker to ask for some guidance with a life or family issue, or a nurse who gives you an injection, you understand that these people are licensed, usually by the state, to practice their profession. A license indicates that they have completed a certain level of education and passed examinations that certify competence. Veterinarians, emergency medical technicians, hospital administrators, barbers, beauticians and teachers all must be certified as competent.
The person who cuts your hair must have a state license and is required to participate in annual continuing education programs. The man that comes to your home each month to spray around some insecticide is required to show his knowledge of how to handle these deadly poisons so he doesn't harm you and your family.
All too often, the VSO representing you has no requirements for any such training or certification.
On March 13th I received an email telling me, “Jim, I'm a relatively new CVSO in (redacted), and was just told by a Vet today about VAWatchDog. I was double-checking what I've learned (on my own, pretty much, thank you!) against your advice. I've yet to have any formal instruction on the processes of filing claims.”
This new County Veterans Service Officer goes on to tell me that he's struggling to learn the system and is completely overwhelmed by the politics, the increasing load of assignments and the overall lack of any structured support for the task of assisting veterans with disability claims. He's aware that there's nobody above him to train him to be competent in his job and that there is no oversight to determine if he's good at his assigned tasks.
I'm thankful that he's reaching out to try to learn as he goes along. His intentions are good and that's something at least. Having said that, I'm horrified to think what his first year or two of claims to the VBA will look like. I hope you aren't one of his first veteran clients.
In theory, prior to being allowed to represent a veteran to the VBA, the VSO must become certified. Certification means passing a test administered by the VBA. The test consist of 25 multiple choice questions and the applicant is allowed 90 minutes to complete it.
In practice, most of the organizations providing a VSO to veterans are “Chartered” by the VBA and are allowed to certify to the VBA that their VSO representatives are fully qualified to obtain a power of attorney. Then the VSO may gather together the veterans most sensitive medical records and practice to represent the veteran to the VBA. The CVSO above was hired into his position by a chartered organization and given a desk and some business cards and now is in control of the benefits destiny of thousands of veterans.
A list of all Veterans Service Organizations is here:
When a VSO is hired, what do the hiring organizations look for? It's easy enough to determine what the employers are looking for by conducting a simple Google search. Let's try the key words; “veterans service officer qualifications” (without the quotations for the actual search).
There are over 200,000 results and it's immediately apparent that what is qualified in one place isn't in another.
In Inyo County, California a VSO must be a veteran, be a full-time permanent employee of the Inyo County sheriff’s department and hold a valid P.O.S.T. (Peace Officer Standards and Training) Advance Certificate.
In St. Louis County, MN the vacant position requires; "A veteran as defined in Section 197.447 (Minnesota Statutes); two years of college or one year of full-time paid experience as a Veterans Service Officer; residence in the State of Minnesota; citizenship in the United States; education and training for the duties of veterans service officer; knowledge of the law and the regulations and rulings of the United States Veterans Administration applicable to cases before it and the administration thereof." That sounds pretty good except there's no standard for the “education and training” or “knowledge of the law”. The posting ends with, “There will be no written exam for this classification.” so we can bet that the test required by the VBA won't be given.
California's Alameda County is offering a salary reaching to almost $80,000.00 a year for a VSO who has, “a Bachelor’s Degree in Public Administration, Business Administration, Social Welfare, or a related field from an accredited college or university, is a veteran in accordance with Section 980 of the California Military and Veterans Code and within one year of employment, is accredited by the California Department of Veterans Affairs.”
Things are a bit simpler in South Dakota, according to their Internet postings. The codified laws require, “Qualifications of county veterans' officer. The county veterans' service officer shall be a veteran who has served in the armed forces of the United States, as that term is defined by § 33- 17-1. However, any person who was qualified and held this position on July 1, 1989 may continue in such office.”
Lancaster County, Nebraska requires, amongst a few other things, that the VSO is a veteran and; "Graduation from a senior high school or equivalent and some experience in working in the field of veterrans' (sic) services or benefits or any combination of training and experience which provides the desirable knowledges, abilities and skills."
We've gone from a college degree requirement in California to a high school equivalence certificate requirement in Nebraska.
The Missouri Veteran Commission of the Department of Public Safety hires their Veterans Service Officer (5380) in at a range of $26,856.00 - $37,572.00. They tell us that, "This is professional work counseling veterans, military members and/or dependents regarding veterans benefits, available assistance, claim procedures, beneficiary information and eligibility status." To qualify for the job, an applicant must have, "A Bachelor's degree from an accredited college or university; and, possession of an honorable discharge from the military forces of the United States."
The requirements to call yourself a Veterans Service Officer vary widely. Your VSO may be a volunteer with no education, skills or training. The next VSO you meet may have an advanced college degree and certification provided from a federal or state program. Your volunteer VSO could put in only a few hours of time each week and a salaried professional may be taking work home on the weekends.
That there are no national standards of competency established and rigorously enforced by the Department of Veterans Affairs is another way you've been shortchanged. To add insult to injury, the DVA provides many of these organizations free office space and unlimited access so that they're free to troll for vulnerable veterans.
At each of the VA health care facilities across the nation, you'll see the shingles hanging out advertising their services. Sure, they'll welcome you in and they may even help you file some paper with the VA. If it's a Veterans Service Organization's parlor you've stepped into, you can be sure that you'll be offered a “Life Membership” so that you too can be part of their exclusive club. You may even get a hat and a pin to wear!
Then what? What happens to your claim and who will be responsible for the outcome?
Next, we'll look at what's happening in one state...Ohio, here we come.
Special Series - Understanding the VA Claims Process -
- How the State Is There to Help
“Any change is resisted because bureaucrats have a vested interest in the chaos in which they exist.” Richard M. Nixon
I opened my email this morning to read a note from a reader in Ohio telling me, “For too long our Veterans have not received proper services at County Veterans Offices and VARO in Cleveland. We are pushing for more oversight, more services, more accountability.”
The veteran who wrote to me provided this link to an article referring to the situation in his state: http://www.progressohio.org/page/community/post/brianrothenberg/C3Lk
As one of the “Rust Belt” states, Ohio has been hard hit economically in recent years. The Department of Veterans Affairs (DVA) estimates about one million veterans live in Ohio and DVA spends some $2.7 billion per year to provide benefits there. The Veterans Health Administration (VHA) operates medical centers in Cincinnati, Cleveland, Chillicothe and Dayton. The DVA informs us that, "In 2006, the Cleveland Regional Office processed 18,007 disability compensation claims, including 5,179 veterans applying for the first time and 12,828 cases where veterans reopened a claim, usually to seek an increase in their disability rating level for higher payments." http://www1.va.gov/opa/fact/statesum/ohss.asp
What was it that drove Brian Rothenberg, Executive Director of Progress Ohio, to write that Ohio, "ranks 43rd in use of available services and 50th in the amount of disability pay." Mr. Rothenberg goes on to tell us of a report that said Ohio, "was at the bottom of the barrel in terms of the number of VA claims filed, the quality or completeness of the claims filed and the amount of money generated by approved claims."
I started at Mr. Rothenberg's informative blog and attempted to sort out what happens when an Ohio veteran files a disability claim to be adjudicated at the Cleveland VARO. As in many states, to file a disability compensation claim at the Cleveland VARO requires the veteran to enter a world of convoluted and vague reporting structures where nobody can be held accountable for any piece of the puzzle.
Keep in mind that although Ohio is our focus today, most of what you're reading applies to every other state.
The state of Ohio, through the Governor’s Office of Veteran’s Services, maintains 88 County Veterans Services offices that are often the first contact for the veteran in need of services. These county offices have varying levels of funding...the dollars going to those programs depend on the economic strength of their county. In a less populous and poorer county, the veteran may be challenged to find the office fully staffed and ready for business.
When a veteran files a claim at a county office with a CVSO , the claim is then passed into a system of representatives from various Veterans (or National) Service Organizations. On the surface, the process in Ohio appears simple enough. The veteran files a claim with a county office, the CVSO at that office completes paperwork, verifies eligibility and so on. The veteran then chooses the Veterans Service Organization that he or she wishes to have as their representative to the DVA/VBA. That's the representative who will hold the veteran's Power of Attorney (POA).
Suddenly, it all gets a little murkier.
Remember...the CVSO is a county function, funded by the respective county. The county's CVSO is only responsible for the completion of the initial paperwork. The National Service Organization is funded by generous monies from the state...rent free housing is provided by the DVA/VBA at the VARO and they catch the veteran's file to present it to the VBA.
Before you can get help with your claim, in Ohio at least, you'll have to sort out who is who. You may need a scorecard for this exercise.
Is the representative you're speaking with a County Veterans Service Officer (CVSO), a Veterans Service Organization's (VSO's) (sometimes called 'National Service Organizations') Veterans Service Officer (VSO) or a National Service Officer (NSO)?
What qualifications does each one have and what are the average outcomes if you select (x), (y) or (z) to advocate for you? Should you go to the local VFW Hall seeking help or call a County Veterans Office? The VVA? How about The American Legion? Who will work best for you?
The CVSO, the veterans first contact, isn't in the loop for an award or denial letter nor do they have access into various phases of the DVA/VBA adjudication process.
The local CVSO is often well trained and able to develop a completed claim ready for adjudication but then, in Ohio, they're required to hand off to a stranger. When the veteran chooses his VSO/NSO advocate at the VARO, he does so from the laundry list of available organizations with no knowledge of which one is best equipped to advocate for him. The CVSO can't make any recommendations...the vet is on his own here.
Once the CVSO completed claims are submitted to the respective NSO’s in their rent free offices at the VARO, the chosen VSO/NSO looks over the claims and then forwards them on to the VARO triage department for adjudication. At that stage a VBA employee, usually a DVA/VBA Veterans Service Representative (VSR), will begin the actual processing of the claim by date stamping its arrival, checking it for completeness and so on.
(At this stage the benefits application has been checked 3 times. Why then does Rothenberg report, “Ohio was at the bottom of the barrel in terms of...the quality or completeness of the claims filed”?)
According to Rothenberg, "it becomes clear that a veteran is at the mercy of the resources of the County in which they live and the efficiency of the veterans organization they choose to track and advocate their claims. There appears to be little if no accountability on the process for follow through."
Legislation has been introduced that could make improvements to the Ohio system according to Rothenberg. However, the direction of the state leadership doesn't appear to have veterans at the center of their concerns.
"State Sen. Bob Spada rushed to the table with S.B. 289 which made no recommendations to fix the VA claims processing system but did recommend that 'the several veterans’ organizations' should get more support", says Mr. Rothenberg.
Among the recommendations made by State Senator Spada: "Maintaining a cordial relationship with both the VA and several veterans’ organizations." Nothing in there is directed to the veteran, the concern is more “support” (read; state tax money) for the Veterans Service Organizations to enhance their “cordial relationship”.
Practical solutions like monitoring the outcomes of claims filed on behalf of veterans in Ohio aren't of any particular concern to the state. There's no push to quantify the number of claims filed, starting at the county VSO and continuing through the VSO/NSO level. Senator Spada didn't see a need to measure the completeness and accuracy of claims nor the average time to resolve claims in Ohio. So long as there is a “cordial relationship” with the DVA and others, everything else will somehow work itself out.
That there isn't any love lost between the different agencies in Ohio is quickly apparent. The most obvious competition is for state dollars. Mr. Rothenberg's article shows us that;
In 2006, Ohio spent over $1.5 million dollars spread among the:
• American Legion, $302,328
• Am Vets, $287,919
• Veterans of Foreign Wars, $246,615
• Disabled American Veterans, $216,308
• Vietnam Veterans of America,$185,954
• Marine Corp League,$115,972
• Catholic War Veterans,$57,900
• Meritorious Order of the Purple Heart, $56,377
• Army Navy Union, $55,012
• Jewish War Veterans $29,715
• American Ex P.O.W., $25,030
There exists a not-so-subtle competition between those National Organizations for the available dollars. By virtue of being the best funded, who is able to recruit the most new lifetime memberships to keep the local post open for bingo on Friday nights?
I've had the good fortune to communicate with Ray Strischek. Ray is a Member of the Athens County Veterans Service Commission and he's supporting about positive change in the pending Ohio Senate Bill 289. Ray tells me that if properly executed, Ohio Senate Bill 289 is a good opportunity to make meaningful change and to streamline the process that veterans are subjected to in Ohio every day.
What the bill doesn't address seems more important than what it does. The bill misses the very important point that even though a CVSO is required to be trained and certified (quite possibly the most stringent and best training in the country), there's no mechanism provided to monitor, measure or track productivity at the county or any other level.
If a veteran chooses the wrong Veterans Service Organization to represent him (one that isn't represented at the VARO offices), the claim may not be sent to the VARO but to some other off-campus locale until a National VSO of the chosen organization has had the time to review it and then forward it to the VARO.
Ray tells me that there is, “No state oversight. Ohio (through GOVA) has no oversight at all over the service officers who work at the VA Regional Office...These service officers make no report to GOVA and very often take the county level service officer out of the loop and deal directly with the veteran applicant even though the veteran applicant is most likely to call the county service officer to demand updates on his/her pending VA Claim.”
I've tried to sort out just who is responsible for the application for benefits if the veteran has questions (“Why is it taking so long???”) 6 months after that application was filed. Should the veteran contact the CVSO he first sat down with? Is it more appropriate to talk with the NSO of whatever organization he elected early on? Maybe he should just call the VARO? In Ohio, there aren't any concrete answers.
Ray is working with his colleague Dave Jenkinson to interject some oversight into any legislative change. Ray and Dave tell me that SB 289 should require ODVA:
a) to set standards of claim development and productivity for the county level service officers
b) require the county level service officers to report claims sent to VARO to ODVA.
c) require that county level service officers remain in the loop regardless of POA designation.
d) require VA Regional service officers to report receipt of claims received from the county to ODVA.
e) require VA Regional service officers to report approvals, denials, remands, appeals of VA Claims to ODVA.
f) required ODVA to hire a service officer to monitor the work of the service officers at the VA Regional Office.
To my mind, that would seem a reasonable and necessary addition to this legislation. I don't understand how any leader believes his business is running well if he isn't in the habit of tracking details and measuring past and present performance to set benchmarks for the future.
If a businessman runs a company manufacturing widgets, to be successful, he must know about the outcomes of his processes. At the end of the day he needs to track the number of widgets that come off the production line, how many widgets need to be reworked, how well each employee is performing in his or her job and how those widgets benefit the customer who receives them.
As it was presented to me, SB 289 is concerned with the high roller players in the bureaucracy, not the ultimate recipient of the process; the veteran.
Personally, I don't much care if the agencies involved have “a cordial relationship with both the VA and several veterans’ organizations”. Thinking it over, I'd prefer that those relationships weren't cozy. One organization competing with another to deliver cost effective services to more veterans faster than ever before would seem a good thing.
Today, the only thing that appears to be accurately measured and accounted for is which National Veterans Service Organization can reap the lion's share of that $1.5 million in state tax money. Providing a high quality service to veterans isn't measured, which group catches the big bucks is.
If you're the veteran caught in this mashup of disjointed state services, what your state's leaders are debating for the future is the least of your immediate worries. Your only concern is where is your claim and who can help you?
I hear from a number of VA Insiders and other officials in Ohio. For obvious reasons, they'll remain anonymous. The numbers I use here are taken from inside the offices where these folks work.
The situation at the VARO in Ohio isn't all that different than other states...the statistics aren't very good but there are no bragging rights when everyone is failing.
The Cleveland RO has a backlog of about 13,000 claims with some 35% of those being over 180 days old. The Compensation and Pension examination situation is terrible with almost 7000 requested exams waiting over 180 days. Ohio remains “50th in the amount of disability pay" received by the veterans who live there.
It's apparent that for all the work done before the claim arrives at the Cleveland VARO, it isn't very well put together on arrival. It's at this juncture, that initial application, that many claims fail.
If we accept that in 2006 at the Cleveland VARO some 5,179 veterans applied for the first time and 12,828 cases were reopened claims, it's obvious that those 12,828 reopened claims were more likely than not an appeal to correct errors from earlier claims. This is an alarm that tells us when those claims arrived at the desk of the DVA/VBA Veterans Claims Representative, they were neither complete nor were they well prepared for adjudication by a rater.
This points directly to a significant failure of the current system prior to any work done by DVA. That a file must travel through multiple steps and delays is bad enough. That there is no way for the state to track the process and hold any group or individual accountable for the failures to pass DVA muster boggles the mind.
If you're a regular reader, you know that you could have completed the benefits application form yourself, added in any evidence that is asked for, signed it and using certified mail, your claim would have gone directly to the VARO and the DVA VSR.
Earlier we heard that a DAV VSO told a young soldier, “You WILL need help to properly fill out your VA claim.”
In Ohio that begs the question; “Why?”
When we know the failure rate of claims prepared by the Ohio system, what possible advantage is there to using it?
The Commander of the DAV told us that filing a disability compensation claim at VBA is a, “largely administrative claims process, which is designed to be open, informal and helpful to veterans.”
In Ohio, if a veteran files his claim directly with the VARO, he or she will know who is responsible. There won't be unnecessary stops for intermediaries to look over when they get the time and the application won't be shuffled into a file drawer and kept there for weeks, months or years.
Most importantly, you'll know that the person in charge of your claim really cares about what happens to it and is accountable at any hour of any day.
Next up...how to find that outstanding VSO.
Special Series - Unerstanding the VA Claims Process -
Part 3 of 3 - Selecting Your Representative
“You have to do it yourself, no one else will do it for you. You must work out your own salvation.” Charles E. Popplestone
If you believe that your military service has caused you a disability that has had a negative impact on your life, you may want to file with the Veterans Benefits Administration to receive a monetary benefit; disability compensation.
To address your thoughts to an organization as large as the Department of Veterans Affairs (DVA) may be intimidating. You've heard all the propaganda and rumors and stories from your peers and you believe the system is complex and unfriendly. Maybe you've been advised that you need representation for the task ahead or you won't stand a chance of winning any benefits.
You might even think that you're required to have a representative.
As with most things in our lives, the truth lies somewhere between all the tall tales you hear and the practical side of how the system really works. It's true that facing off with the VA can be frustrating. The laws that govern how the Veterans Benefits Administration (VBA) processes an application for benefits can be as complex as any other law that governs our lives. Like most giant bureaucracies, the VBA isn't very responsive to your personal wants and wishes and it moves only at its own pace. The VBA won't do it your way, whatever happens only happens by their rules.
On the other hand, a veteran who is patient and willing to do some work for themselves will usually do just fine handling their own claim. The basic rules and concepts are as simple as can be. Winning a claim only requires that a veteran present evidence of other than dishonorable military service, evidence of a condition caused or aggravated by that service and evidence that the claimed condition is causing a measurable degree of disability. All evidence must be absolute and presented in a format that is acceptable to the VBA.
If a veteran chooses the Do-It-Yourself (DIY) method, he or she must be prepared to learn how the game is played. The explosive growth of the information superhighway, the Internet, has made that easier than ever before. With a modern home computer, high speed (broadband) access to the Internet, a printer and a scanner, you're well equipped to teach yourself how to file your claim.
In this regard the VBA has gone above and beyond what they might be required to do and put almost everything they have on a web site for you to access at no cost.
All the data you need starts here:
From this portal you can link over to benefits: http://www.vba.va.gov/ or health care information: http://www.va.gov/health/
Do you need a form? Click here: http://www.va.gov/vaforms/
You've heard about the Board of Veterans Appeals (BVA) and you want to know more, so the DVA has simplified that by providing you with this link: http://www.va.gov/vbs/bva/
If you want to save some paper, DVA makes it easy to apply for your benefits on-line by clicking here: http://www.va.gov/onlineapps.htm
As long as you're in the DIY mode, you may want to use the same guide as the VBA staff is using today. The VBA makes that available to you by clicking this link: http://www.warms.vba.va.gov/M21_1MR.html
Maybe you've been scheduled for a Compensation and Pension (C&P) examination at your Veterans Administration Medical Center (VAMC). You want to understand more about what the examiner will look for when assessing your disability. The VBA makes that information available to you if you click here: http://www.vba.va.gov/bln/21/Benefits/exams/index.htm
You've discovered that TITLE 38 is that section of law that addresses Pensions, Bonuses, and Veterans' Relief and you want to know more of the details.
That's easy, click here: http://www.gpoaccess.gov/
and here:
or here:
and you have a wealth of information available to use.
Whatever you may need to validate your claim is readily available for you. It will take work, learning some new skills and organization. You'll also have to be patient. Today's VBA is a year or two behind in processing your claims and falling further behind each day.
If all that has overwhelmed you, if you aren't confident with that computer or if you aren't able to devote the time to learn all this new stuff, you'll need some help.
The veteran who needs a hand with filing for a DVA benefit will most often seek out a Veterans Service Officer (VSO) who is affiliated with a Veterans Service Organization. These individuals may be called National Service Officers(NSO) or, if they're employed by the state or county you reside in, their title may be that of a County Veterans Service Officer (CVSO).
Your Service Officer may be a volunteer who works with a local chapter of their Veterans Service Organization or they may be a full time salaried employee of that organization or your county or state.
You aren't allowed to use an attorney or any other representative who will charge you a fee to submit your initial application for benefits. The law has recently changed to allow you to use a lawyer on an appeal of a denial but until then, you must choose a VSO or DIY.
No matter who you select to represent you, the initial process is much the same everywhere. The veteran will meet with the representative to discuss whatever condition it is the veteran believes will justify an award of disability compensation.
The veteran must sign a Power of Attorney (POA) that will allow the representative to address the VBA on behalf of the veteran, retrieve and review otherwise confidential records and similar activities. At this point the Service Officer will assist the veteran with completing any required forms and then submit them to the VBA.
In some locales, the local VSO, the representative that may have an office in a VA health facility, will turn all that paper over to another VSO who has an office at the Veterans Administration Regional Office (VARO). In some states, the CVSO is required to do only the initial piece of work and then that claim is handed off to a VSO at the VARO.
From there, the file is given into the VBA at the VARO and only after it's adjudicated will anyone know just what's happened to it. The notification will come in the mail as an award letter or a denial letter.
I contend that your chances of winning your award are decided long before your application ever gets to the VBA rater...that individual who is the ultimate decision maker on your case. If your first application is focused, complete and doesn't have any gaps, you're much more likely to be satisfied with your award.
Knowing that, who you choose to act on your behalf is one of the more important decisions you'll ever make. Not unlike choosing a heart surgeon or a plumber, if you pick the guy who graduated at the bottom of the class, you may regret it for a long time to come.
Unfortunately, Veterans Service Officers aren't as well regulated as plumbers and heart surgeons. There are no national standards, no licenses, no single sets of certifications that are required to show competence. The only real requirement on the books is a certification by the VBA. That requirement is mostly a rubber-stamp sort of process and doesn't offer any assurances of competence or experience.
There aren't any governing bodies that track the outcomes of a particular set of representatives so we can't accurately determine who is most likely to do a good job for us.
Knowing all that, how can you possibly choose a representative that you can trust?
First, do your homework. The sad fact is that most veterans will take a lot of time researching where to purchase a car or they may spend hours buried in technical manuals before they'll buy a new computer. Then they'll freely hand over their lives and potentially hundreds of thousands of dollars of potential benefits awards to the first stranger they meet.
“Shop around” is rule number 1. If you'll go to Sears, Best Buy and a local, home-town merchant to compare the values of a new washer-dryer combo, why wouldn't you do at least that much thinking before you sign a POA over to someone?
You can find a list of organizations that can represent you by clicking here: http://www1.va.gov/vso/ and here: http://www.va.gov/statedva.htm
Once you've contacted those organizations that appeal to you, interview them. As you go about the interview process, pay attention to the details that will make a difference to you a year down the road.
Were they receptive to a fixed appointment time? Were they on time and prepared to meet you? Did they welcome your spouse to join the meeting as a partner?
Were the surroundings of the offices professional and well organized? Were you given the time to and encouraged to ask questions? Were you afforded privacy so that you felt comfortable enough that you could speak of confidential matters?
Did you have a steady stream of interruptions and was the phone ringing off the hook? Did the representative seem to pay close attention to you or were they in a hurry to move ahead? Did the representative appear professional in dress and demeanor?
Were you offered or pressured to pay a fee for a membership to join the organization or given some sort of promotional material with a membership application?
If you aren't able to answer all of the above and feel good about the answers, you should avoid that organization. It isn't likely to get any better and it may get a lot worse. This is your life and you have every right to be demanding.
When you feel like you may have found a representative that you trust, ask some pointed questions.
I've developed the questions here from the emails I receive with complaints or comments about the shortcomings of VSO's who are representing veterans. The most common complaint is about a lack of communication. If you have a question or if you need some assurance that your case is at the VARO and will be worked on, nothing will be more frustrating to you than when your VSO won't call or email you.
Don't be afraid to ask;
How are you certified or otherwise credentialed? How much experience do you have with this kind of work? Are you to be the “point man” in handling my claim or will you assign it elsewhere? What happens if my benefits are denied? Will you handle the appeal or do you pass it up a ladder to another layer in your organization?
Who do you report to? If I have trouble reaching you (maybe you're on vacation) who do I call and what can I expect?
Will there be someone in your office every day of the week during normal business hours? How long will it take for you to return my telephone call if I have a question?
How prompt are you at replying to your emails? If I need copies made or documents scanned, may I bring them to your office to accomplish that? Is there a notary in your office should that task be required?
If you can't get these questions answered to your satisfaction, it's time to exit and move to the next one on your list.
Finally, ask their opinion on how well your benefits application may be received at the VARO. Ask for a realistic opinion on a time line. If they aren't willing to be open and honest with you, you're in the wrong place.
Just because you aren't paying out of pocket for these services doesn't mean they're free. You have a right to demand excellence from a representative. In one way or another, you've paid the price and earned the right to have a high quality of representation for the challenge ahead.
Your dealings with BVA will take time and present many challenges along the way. Knowing that you're represented by an experienced professional, one who truly cares about and respects you will be worth the time and effort you put into your selection.
