Showing posts with label vso. Show all posts
Showing posts with label vso. Show all posts

12 January 2014

MOAA Receives VA's "Veterans Service Organization" Status – can now assist with VA claims

Military officers group helps veterans in filing for benefits

Buttons on display at the Military Officers Association of America headquarters announce the organization's new claims assistance efforts. MOAA was formally recognized by VA officials as a veterans service organization on Jan. 9.
ALEXANDRIA, Va. – For the first time in four years, a new national advocacy group has stepped up to help veterans prepare their benefits paperwork and reduce the VA’s still problematic claims backlog.
The Military Officers Association of America was formally recognized as a veterans service organization this week, the first time a national group has earned that distinction since 2009. The move authorizes the group to handle benefits claim paperwork on behalf of veterans, assisting them with document collection and case management.
MOAA officials said they plan to start out small, handling at most a few thousand cases this year.
But the addition of a new national VSO is much larger symbolic news, a recognition by the department and veterans advocates that significant work still lies ahead in fixing the claims backlog.
“We just felt like we couldn’t stay on the sidelines on this anymore,” said Norb Ryan, MOAA president. “Even with all the great help out there already, there is still a lot of work to get done.”
The claims backlog -- the number of disability cases pending longer than 125 days -- peaked last spring at more than 611,000 cases, but dropped by more than a third by the end of 2013. VA officials have promised to zero out those overdue claims by the end of 2015.
About 1 million new claims came to the department in 2013, and officials expect that number to rise again. VA Undersecretary for Benefits Allison Hickey said about 60 percent of those are reviewed by VSOs before department staffers handle them.
That leaves tens of thousands of cases that arrive without any outside help. Typically, those cases take months longer to process because of missing medical documents, incomplete forms and other paperwork slowdowns.
“It’s not designed to be complicated,” Hickey said. “It’s just a complex system by its nature.”
So the department relies on outside groups to help simplify the process.
VSO officials can walk claimants through the process before they submit their cases, pointing out mistakes or time-consuming omissions. In some cases, an extra week of preparation can save months of processing time.
Larger VSOs like the Veterans of Foreign Wars and American Legion churn through tens of thousands of cases a year, and can help guarantee a fast track for many of the claims they prepare.
But even those volunteers couldn’t keep the backlog from steadily growing over the last four years. Department officials have been criticized for taking too long to implement new technology and increase staff to stay in front of the problem.
Ryan said his organization broached the idea of becoming a VSO last year, during the intense media and lawmaker focus on the backlog. The 85-year-old organization -- it changed its name from the Retired Officers Association in 2003 -- hadn’t handled claims work, but quickly hired two full-time staff members and began the VA accreditation process.
VA in recent years has recognized several state veterans programs with VSO status, but has added no national ones since the White House made its 2009 pledge to end the backlog.
Even with the backlog heading downward, Ryan said MOAA officials believe they need to be involved in the claims assistance.
“We’ve never going to handle as many claims as the larger VSOs,” he said. “But, as an officers group, we feel like it’s important to set an example, and remind people there is still a need.”
The group has trained seven members as volunteers to help with the caseload. More than a dozen veterans with cases approached MOAA within days of the VSO-status announcement Jan. 9. Ryan said dozens more have offered to lend their legal and administrative skills.
Mike Mahler, a 26-year Air Force veteran, said he signed up as a volunteer in part because of his own disability claims experience.
When he retired 20 years ago, he handled his own paperwork and got a 10 percent disability rating from the VA. Three years ago, after a conversation with friends, he consulted with Disabled American Veterans volunteers who helped him increase that to 50 percent.
“That’s what I hope we can do for people,” Mahler said. “If we can steer them in the right direction, maybe they won’t have to go back three or four times to fix the mistakes. We can help them get it right the first time.”

04 September 2013

Working with your Veterans Service Organization Representative

Many vets have the misunderstanding that the various veterans service organizations (VSO) which represent veterans before the VA are responsible to the "grand design" of a claim for service connection.

While some VSOs may indeed offer that assistance, not all do, as in the case of Oregon's Department of Veterans Affairs. Oregon staffs their counties with state-affiliated, VA-authorized service officers as well as teams in Portland and the state capital, Salem. These officers offer a broad range of advice and interface with community-based services, but in Oregon veterans are responsible for submitting their own claims and creating, from their own resources, a basic strategy.

Oregon's role, as explained to me late last month by their Portland staff, is to focus on strategizing the vet's appeal only once the claim is denied. The service officers are notified by the VA shortly after the award or denial decision is made, and they then swing into action to help a veteran determine the next steps.

For many, the best approach will be a "notice of disagreement" (NOD) or alternately, a request for a local review by a senior VA rating officer not previously involved in the claim, a decision review officer (DRO.) That is the first important level of strategy where the service officer is able to help, because specifics of the claim can make one approach better than another.

After that, that, a vet's principal concern will be the amount of time required simply waiting in line, because appeals or DRO reviews can take years to be heard. When the big day finally rolls around, the service officer will present the VA with the facts of the case, the errors made by the VA, and the justification for an award in the vet's favor.

This entire process, and the inherent threat of years of delay working a denied claim, places a significant value in the veteran's initial claim being as complete, accurate, comprehensive, persuasive and error-free as possible. The veteran must hope for a positive response from the VA rather than a denied claim, wasting years and continuing to be denied VA medical care and other benefits. This means a vet needs to select a VSO carefully, especially if you feel unqualified to manage your own claim prior to the VA denial.

How to best approach this yourself with some hope of success if your VSO isn't set up to mange the initial claim for you? The very first step is to notify the VA in some form of your intent to file. All benefits are based on the date you first inform them of your wish to make a claim...and you can do this with a simple letter listing every possible boo-boo you have, or you can begin the process on-line at their web site.

Then, Attorney Katrina Eagle offers her "Dirty Dozen," thirteen tips of things NOT do do, and that's a great place to start– begin the process by not stepping on any minefields. Next, gather all your papers and have them scanned into digital form, because eventually you'll want to submit a "Fully Developed Claim" which is done on-line. Why? Because the VA processes those fastest, and because in many instances the VA even can back-date benefits a full year to motivate us to us that electronic process.

Next, file a a Freedom of Information Act request with the VA and with your military service to insure you've got all official documents on-hand. This may take months to get completed, so file early in your claims process. Then scan all those documents also, especially your DD214, any Line of Duty determinations, and medical records.

The VA will arrange a physical for you to address your claimed illnesses or injuries, but a faster route is the Disability Benefits Questionnaire (DBQ) which your own physicians' can complete and submit. Your doctors can expand further in a letter, but you and they should be aware of phrases the VA is attuned to. For instance, "may" to the VA means "no" and "more likely to than not" means yes. A physician simply saying your broken back may be due to your airplane crash is dismissed by the VA. A physician saying your broken back "is more likely than not" due to your airplane crash is accepted by the VA (usually) as credible support for your claim. We've noticed that physicians' stating their qualifications, or medical references in their veterans letters are generally more useful to the vets.

Beyond this, one of the veterans' claims self-help books is probably of greater value to a veteran preparing a claim than anything which can be typed here. There are many Internet resources and many, many veterans' web sites offering excellent advice. The point is: Tell the truth, assert your interests firmly, if something hurts (range of motion, etc.) say so instead of toughing it out, and don't quit.

04 June 2013

We're Not Alone!

Leave your lawyer jokes somewhere else because here come "the good guys."

At the suggestion of Connecticut's Commissioner for Veterans Affairs Dr. Linda Schwartz, we discussed the needs of our C-123 veterans with the Yale Veterans Legal Services Clinic. No details here, but Yale has reviewed our situation and has concluded they'd like to help us find pro bono representation to the illegal VA and USAF responses to our C-123 FOIAs, which must be handled by the US District Court in Washington, or the US District Court in Portland for the Air Force FOIA. Although the Clinic is on summer schedule they hope to prepare an in-depth legal analysis of our eligibility for Agent Orange service connection, possibly ready in the early Fall. PLEASE: do not contact at the Clinic as they'd appreciate some time to get into more detail and to work with their own staff on what can be done to help our veterans. We'll publish everything they provide as soon as it is available.

We have also been receiving expert and generous advice regarding Agent Orange claims from San Diego attorney Katrina Eagle, a private attorney first referred to us by the State of Colorado Veteran Affairs director
who emphasized Ms. Eagle's aggressiveness and solid grasp of complex veterans issues. Ms. Eagle has spent months investigating our C-123 contamination and aircrew exposure issue, and the claim we veterans have under current law - and she feels we have "a righteous cause!" She has special insight now into the various letters from VA Compensation Services and the legal errors so readily apparent in them.

As a small firm, she's unable to help us on a pro bono situation, but is ready to apply her extensive background in veterans law and her recent careful examination of the C-123 issue in helping individual veterans. This isn't our sales pitch for her, but it certainly is our pitch that veterans seeking expert legal advice in submitting claims to the Board of Veterans Appeals should consider her. Ms. Eagle wrote:

As discussed, I would honored for you to provide my information to your members.  My website has all information and FAQ's but it is worth reminding your members that I do not charge for my assessment of any veteran's denied claim.  My initial procedure is fairly straightforward in that I ask for the veteran to send the most recent VA decisional document to me before I have a substantive conversation with the veteran.  I require that document so that I can confirm that VA has issued a decision that is still able to be appealed. As noted on my website, I do not charge a fee to review, nor do I charge an upfront retainer fee.  I am paid if and only when VA grants past-due benefits that I have litigated on the veteran's behalf.  My contingency fee is 20 percent, and I am never paid any portion of a veteran's current or future VA compensation.

Veterans appealing a denied claim can continue to have representation from an experienced veterans service officer from one of the veterans associations, and those services are always free. Selecting a VSO or an attorney to represent you claim is your own decision - both approaches have merits but in my situation, I'd be grateful for the services of an attorney like Ms. Eagle or an equally qualified lawyer specializing in veterans law. One of the reasons in my mind is the difficulty I've seen veterans having getting enough time from the overloaded VSOs, in some cases taking months to communicate, not developing strategies but "going with the flow," caving to VA statements, etc. An attorney walks out of the BVA a winner or a loser, just like the veteran, and fights hard because no win = no fee. 

10 September 2012

VA Claims Brief - Application Process 101 (for beginners)

Nothing is automatic. Every veteran has to take the step of applying for benefits if you seek medical care or disability compensation from the Department of Veterans Affairs. The process generally takes over a year...far longer with complicated issues, appeals, etc. In recent years (thank God) the VA and DOD manage a servicemember's separation so as to smoothly transfer medical records and partly automate the initial claim steps. 

During the return of forces from the first Gulf War, veterans seeking care from the VA were turned away until a service connection for the disability was proven...it took some time for the logical step of "presumptive service connection" to be implemented and many of us had to pay for private medical care because of the gap in coverage between military medical care and the VA. Bummer!

The VA Claims Process
After VA receives your Application for Compensation, it sends you a letter. The letter explains what VA needs in order to help grant your claim. It states how VA assists in getting records to support your claim. The letter may include forms for you to complete, such as medical releases. They help VA obtain pertinent medical records from your doctor or hospital. You should try to complete and return all forms VA sends within a month. Your claim can often be processed more quickly if you send a copy of your own medical records. This letter is often referred to as the Duty to Assist lette . Read More

Win Your Veterans Affairs Disability Claim - You finally decided to file a VA claim for disability, so now what do you do? Maybe you already have started the paperwork yourself or (far better!!) have been helped by a veterans service officer (VSO) filling out the required VA Forms and are now one of many waiting to hear from the VA about your claims status.

A Veterans Benefits Raters View

Definitions, Terms, Abbreviations


We can not stress enough how important it is to:
  1. View your VA claims folder at the Veterans Affairs regional office. Call the VA at 1-800-827-1000 and request an appointment to view your VA c-file (claims folder).
  2. Ensure that all the records in your Veterans Affairs C-File are yours. 
  3. Check that everything you have sent to the VA is included in your C-File.
  4. After viewing your VA claims folder (c-file) and correcting any mistakes you may find. Then request a hard copy of your claims folder (c-file)