Thursday, July 10, 2014

PTSD: My illness is greater than yours, so why is my VA compensation rate lower?

What a silly title right? How do you know whose symptoms are worse if you are not that person. If you cannot walk in my shoes then please don't compare my illness to yours. Unfortunately, this is all to common when it comes to receiving benefits from a federal and/or government agency like the Department of Veteran Affairs (VA).

Your illness has to be equivalent or worse than the current recipients in order to receive benefits from the VA. Well, this is not fair! No, it's not, but it is reality. This especially goes for those of us that are military veterans. We are judged by the injury/illness that occurred while serving our country. For example, let's say that I was diagnosed with PTSD and filed a claim for it. The VA will look at the claim and see if you had any incidents that may be related to this illness. If there are no documented military incidents, then your claim will be automatically denied. But, not so fast VA! There is still more to the story. Yes, you have to tell your story despite how horrible and gruesome it is.

For example, a veteran may have experienced combat related PTSD, filed a claim, and now receive higher funds in benefits than a person that filed a similar claim for PTSD with a basis of being sexually assaulted. Yes, both are equally as important, but not from the VA perspective. In fact, the VA expects most victims to prove that they were even assaulted or experienced a life altering event in the first place. This is very hard on the mind, and will make any veteran very upset during the process.

How can an agency compare an illness like combat related PTSD to sexual assault PTSD, and decide if it is more worthy of funds then the other? Well, look at it like this. A veteran that steps on a land mine and lose a limb is obviously physically injured and will have his/her life altered because of that lost. However, when it comes to mental injuries, it is a little harder to prove and see the evidence. So, how do you prove that you have PTSD outside of what the doctor diagnosed.

Some ways you can prove that you have this illness is by seeking treatment for it. For instance, agree to go to therapy rather it be at your local VA medical center, or at your community mental health clinic. Either way, you are showing that you want to get better. In addition, be sure to see a psychiatrist as well. This person is licensed to give you a prescription and help with some of the ramifications of dealing with PTSD. In addition, every time you see a medical provider (rather in therapy or for treatment) it will be documented. Yes! That is the key word here, "Documentation"! If you want to prove how severe your illness is, then consider getting legal documentation about it.

The VA wants to know that you at least recognize that you have a problem that occurred while servicing on duty, and now that you are released from the military, you are actively seeking help on a regular basis. This doesn't mean go to the doctor one time and state that you have PTSD in order to get benefits. You have to demonstrate that you actually have PTSD and want to get over this horrible illness if possible. That should be your ultimate goal.

Now, back to the moral of the story here. No two illnesses are alike. It doesn't even matter if it happened at the same time as someone else. What matters is how it effects YOU, and your life. This is the only way you will get benefits from the VA or any federal/government agency for that matter. Again, your illness will be compared to others, but it is your responsibility to prove that you are really injured and need help for that injury.

Does this post make sense? If so, please leave me a comment below. Share this blog post as well in order to help others. Also, I just used PTSD as an example, because I am a veteran that has been diagnosed with it. No, I am not a medical provider or legal layperson. My only goal is to share my personal experiences in hopes of helping a fellow veteran. Thanks, ~ SmartSysta

Visit the Department of Veteran Affairs (VA) for more information about filing for VA benefits at: http://www.va.gov

Thursday, July 3, 2014

Who can process my VA claim for benefits faster: A VSO representative or Legal Attorney?

Why do we have to wait so long to get what we deserve? I'm talking about those of us who are veterans that filed a claim with the Department of Veteran Affairs (VA) for benefits. I was injured during my military stint in a number of ways. Despite these known facts in my military and medical records, I continue to get denied. I keep appealing each denial, which is always met with yet another DENIED! This is so frustrating because the VA believes something is wrong with me or they would pay me at all. However, I do not receive the rightful benefits I deserve. I am talking about Service-Connected (SC) benefits.

When a veteran is paid SC benefits, their life will change. They will be able to take care of themselves in a better way, and be offered a few more opportunities because of their sacrifices for our country. The problem with receiving a SC award is that it is so very hard to get for the majority of us. For instance, I know of several individuals that only apply for benefits once and get approved immediately, while others (like myself) fight for years to get what they deserve.

I've been fighting for SC benefits since 1998. I have never been approved, and I continually submit new and related evidence on a regular basis. In 2013, I finally broke down and asked for help by getting an attorney. I hope this will increase my chances of being awarded. However, many veterans believe we should forgo this process on our own instead of paying out a hefty fee of 20 percent for retro pay if we are awarded benefits.

Different Veteran Service Officers (VSO) can probably get you the same benefits in the same length of time, but most are unsuccessful when it comes to proving that a veteran has been injured and is currently suffering from the ramifications of those injuries to date. If you cannot rely on a VSO representative to help you for free, then your next option is to turn to an attorney for help.

This is what I did after battling with the VA for well over a decade. Yes, 20 percent is a large sum of money to cough up in one setting, but I believe it is worth it. Now, the next question is, "What is taking so long to make a decision on my claim if I have a legal representative"? Unfortunately, those of us with representation will still have to wait just as long and sometimes even longer to have our claim(s) reviewed. Every correspondence will be filtered through your representative first. Then you have to wait to view the information yourself before sending back a response. This whole process seems confusing and lengthy. Let me just say from personal experience that it is.

In addition, having a representative will not speed up the processing of your claim. It can slow it down to a snails pace. Right now, the VA is promising to process claims with a minimum of 125-180 days. I have yet to see this happen for anyone in particular. Just get prepared to wait for 2-4 years before your claim is even looked at. This time frame remains the same rather you have representation or not.

So, why did you get an attorney then? I chose to get an attorney in order to have someone speak on my behalf. The verbiage I was using in my Statement in Support of Claims (VA Form 21-4138) were not good enough. There are certain things that need to be mentioned in order to get the attention of the claims processor, and I just don't know what that is. Thus, if you decide to file a claim for benefits, be prepared to wait a long time before you reach the front of the line. Unfortunately, this is just the way it is.

Do you have a VSO representative assisting you? If not, then here are a few examples of VSO representatives in your area. They are usually located with: Disabled American Veterans (DAV), American Legion (AL), or Veterans of Foreign Wars (VFW) to name a few. Visit these websites to learn more information about them, and on how to receive help.

Are you considering filing a claim, or do you have a claim in process? Check the status of your claim and/or file a new one with the VA eBenefits website. This website also provides a lot of key tips to help you get started on your claim.

Just note that I am not a medical or legal provider. Everything I state in my blogs are my sole opinions only. Be sure to visit my website http://www.sodidshe.com where I talk about symptoms of mental and physical health in veterans. In addition, I also provide tips on key organizations, and more information on things that may encourage wellness vets.