Posted on Aug 28, 2018
LT John Chang
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A friend is looking to start up a nonprofit to help those who don't realize what they're entitled to claim.
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Responses: 9
MSG Stan Hutchison
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I have only filed three times. The first one was for tinnitus. Denied because I failed to get any entry of the problem in my active duty medical records. I did not complain about while on active duty, so no entry in my medical records. My bad.
The second was for prostate cancer, presumed by VA to be Agent Orange caused. Received approval in less than 4 months. No assistance. Filed online and provided the necessary documents from the start. I think that is the key. The third was an NOD when I was downgraded (as I knew I would be) VA reduced me to 20%. I appealed immediately with supporting documentation. The NOD was approved and I was upgraded to 40% all within 4 months once again.

Bottom line: Ensure you submit all the required documentation right from the get-go. It is easer to get approval from the start than trying again and again to appeal.

Get the documentation together first!.
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SGT Tiffanie G.
SGT Tiffanie G.
2 y
Often very hard to do, when you didn't know you were supposed to collect the info to begin with (surely the VA has it all documented from my Military records....) And when you move around a lot. And often Civilian/Community Care doesn't send all the records to VA, either. And yeah....didn't know to get copies of records from basic, things like that.
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LTC Jason Mackay
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Edited 6 y ago
My experience was that I think I got screwed on one issue, otherwise the VA evaluated my claim and awarded percentages based on their own established rules, as my condition was at the time I was evaluated. I was evaluated before I left the Army, because I went to TAP. DAV came and talked to us about claims. As I out processed I went to the DAV office on post And filed my claim with their assistance....they did my claim paperwork based on my medical records. They printed it for me, I signed it, walked next door to the office on the same floor and the VA accepted my claim and time stamped it. It wasn't processed until my retirement date. That took about a month or two. I ended up with 60%

I think it is a relatively bad move. On one hand, this strikes me as morally reprehensible preying on Veterans who don't know, and will pay you for something that can Be done for free. Nonprofit doesn't mean you don't need operating funds. On the other, I know there are deserving vets that have been screwed by their first bite at the Apple and may need experienced assistance.
- First off, you'd have to be living under a rock for the last decade to not know you can file a claim.
- Market Actors: Most installations actually host an office for Veteran Service Organizations like DAV that help you with the claim and appeal process, at no charge. Why should they pay your friend? How can he guarantee a better outcome?
- Competitive advantage: what unique knowledge does your friend have into the claims Process that would give a competitive advantage?
- profit model: how exactly is your friend going to get paid? The max a veteran will get is $2700/month with some exceptions. Most veterans fighting a claim, need the money. Most claims get between 30 and 60 percent. So $810-$1620 per month. Assuming he'll have to either work a flat fee (bad idea) or a percentage for the first year (anything more is predatory), how many clients per year will that take to cover his expenses, pay him a wage, and put something back into the business?
- barriers to entry: there are some large players out there that do this, have a good track record of winning, and know the system. What regulatory licenses/registrations will you need to pursue this industry? Law degree? Medical License? Etc
- market and customer pool: so how many vets with a legit claim depart the service per year and don't know they can file? Really your chance to be successful with the claim is To hit the VA as close to the ETS as possible, otherwise it is a slog, assuming your friend stands by his service, he will then be in that slog. How long can he wait to get paid. Long breaks after service make the claim harder to prove, and a bad business risk to take on.
- sustainability: how much of the customer pool will be there when the we draw down on deployments? Can you hold a ten year drought?

this is a non-starter-uppper and with out sufficient lipstick available to make this pig pretty. His time and effort will be better served working for a VSO that have more experience with these processes.
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LT John Chang
LT John Chang
6 y
Thanks for your thoughts, LTC Jason Mackay - you definitely bring up a lot of important points. I agree that working with existing players is important to get a better feel for what is the current "market."

At the same time unless someone is willing to talk about the elephant in the room. Then that's how we continue to remain in the situation we're in now.

Like your situation, my friend was lucky enough to have someone help him march back into the system. Not all deserving vets are so lucky. This is the key issue.
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LTC Jason Mackay
LTC Jason Mackay
6 y
LT John Chang VSOs do this, if you can get someone pro bono to fight claims legally and medically that knows what they are doing, roll with it
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LTC Stephan Porter
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Just now entering the process, so interested in the answers.
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LTC Jason Mackay
LTC Jason Mackay
6 y
The best advice I can give you is if you have something wrong with you that will hurt your life after the Army, file a claim. It is not linked to pain or discomfort. What can't you do anymore? Does it impact your ability to work? Does it impact your ability to take care of yourself? Will you have to have a medical device or prescription for the rest of your life?. I filed a claim to ensure I had a wedge in the system in case one day I couldn't walk or climb stairs.

The claim will be supported by medical documentation...better yet, a pattern of medical documentation. My provider advised me a year out to do a once a month appointment for each issue to ensure it's in there. If you were in Tricare remote or had civilian referrals, get those records added.

Get a sleep study. Do it today. Sleep Apnea requires a medical device....

When you get evaluated, stop taking pain meds a couple days out.

The percentages are all wonky and relate to a monthly allowance of $2700. The "percentage" is from the $2700, not your base pay. The hurdle to,clear is 30%. Most back issues only get you about 10%. You need to look at how they determine the disability...https://www.benefits.va.gov/WARMS/bookc.asp
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