If I believe that I'm being short changed on my Disability, with whom should I address it?

SPC Robert Borton — Thu, 09 Mar 2017 20:10:16 -0500

Response by SFC George Smith made Mar 9 at 2017 8:12 PM

SFC George Smith — Thu, 09 Mar 2017 20:12:22 -0500

is it Military affiliated Disability... or other... Need to be More specific...

Response by COL Charles Williams made Mar 9 at 2017 8:17 PM

COL Charles Williams — Thu, 09 Mar 2017 20:17:27 -0500

SPC Robert Borton If it is a service connected VA disability, and you are dealing with the VA, you need to confer with a Veterans Service Officer (VSO) found at all veterans services organizations (VFW, DAV, Legion etc.) or a the state level. They all know how to negotiate the bureaucracy of the VA.
http://www.in.gov/dva/

DVA: Home

Response by 1SG Private RallyPoint Member made Mar 9 at 2017 11:31 PM

1SG Private RallyPoint Member — Thu, 09 Mar 2017 23:31:10 -0500

Often times when a claim gets stuck, it is due to non-responsiveness of the claimant during development. Development for disability usually revolves around one of:
1. Extent of disability. How broke are you, and how does that affect your ability to work and function normally.
2. Service connection - That's a big one. SC isn't assumed on most ailments, and often times more serious symptoms don't surface until later. I can't emphasize enough how important it is to establish a record with VA early after REFRAD and SECURE YOUR MILITARY RECORDS before you get out.
3. Are you actually diagnosed with the problem you feel you have? If the VA doesn't have it on record, it didn't happen. Go to all your appointments, even if they seem redundant. Lots of times, they are trying to build a baseline to determine if your condition is deteriorating. That is to your benefit (not health wise, but for your claim it is).
4. If they send you a letter, answer it. They are attempting to get information about your service periods or get a release to secure records from a third party (like DoD).
5. Effective date - this means when payments should start. For most, it is when you first send in your VA Form 21-526. However, if you don't have your stuff together yet, file a VA 21-0966 (Intent to file) to lock in your effective date up to a year before you actually file the claim while you get your paperwork together and go to appointments.

If you think you have been shorted on your rating, you have several options.
You can file a Reconsideration, adding any additional documentation you've acquired.
You can appeal. Going to a hearing in person allows you to demonstrate to the Deciding Official your case.
You can file for an increase (after a year, otherwise it is a reconsideration). Increase requests require a new VA 21-526 and whatever is new information in the packet.

I strongly recommend that you use an appropriate VSO to help you navigate the byzantine labyrinth that the claim process can be. DAV, Military Order of the Purple Heart, VFW, etc claims are noticeably better than ones prepared by the Veteran alone. And they will do much of the legwork for you, because that is what they are for.
I haven't been working in claims for long, but I can tell you that the work done in the national queue is addressed very quickly. Most of the ones I worked on today were filed less than a week ago, and that is from the entire West half of the country. When claims are delayed, it is most often due to slow response from the claimant to letters or issues with appointments.
Good luck, SPC Robert Borton. If you have more specific questions, message me directly.

Response by CPO Bill Penrod made Mar 10 at 2017 7:30 AM

CPO Bill Penrod — Fri, 10 Mar 2017 07:30:36 -0500

Google: Veterans Benefit Network, some one will walk you through the process. Good luck......

Response by SFC Private RallyPoint Member made Mar 10 at 2017 11:30 AM

SFC Private RallyPoint Member — Fri, 10 Mar 2017 11:30:09 -0500

VET CENTER dudes

Response by SFC Andrew Miller made Mar 10 at 2017 12:49 PM

SFC Andrew Miller — Fri, 10 Mar 2017 12:49:17 -0500

Most states have local representation in your county.

https://www.nacvso.org/

You can also find any VSO representative that is accredited with the VA's Office of General Counsel's search tool.

https://www.va.gov/ogc/apps/accreditation/index.asp

Here is the contact information for Marshall County.

http://www.in.gov/dva/marshall.htm

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