Veterans Affairs the Advocate

OK so you're out of the service, back home and everything is right with the world. Or is it? After a month or so, you're sitting around at home and you realize - you really need to get back to work and make some money- duh. Your significant others are kind enough to remind you of this and your disability severance pay is already running through your budget like water. Now what? Where are all the jobs that were supposed to be there? Where do you start?

One place to begin is the local employment service office. But the jobs there are often low paying and demeaning with a high turnover. Who wants to be an unskilled laborer 40+ hours a week, with no benefits - and work for someone who's never been anywhere or done anything and treats you like a moron? And, forget about medical services for your children or a visit to the dentist. After the work week is done you spend the weekend in pain, nursing your painful back and tend to drink too much as a result.

Alright , so maybe the answer is to find another career - like you were trying to build in the military, until you hurt your back and they forced you out.

A career is much better than a job, since you will obtain job skills that are in demand in the civilian job market, you will generally earn much better income and will very often receive some RESPECT along the way! Another important difference is that you will be using some of your unique strengths and talents again and going to work Monday morning will not be such a dismal experience.

You begin to realize that the ideas and plans you made in the service are not realistic and the job market is nowhere as good as you had hoped. You also begin to understand the handicapping affects of your service-connected disability. Many civilian employers are not enthusiastic about hiring you for any type of physically demanding job, as soon as they see that you were separated from the military, because of fitness for duty standards.

This may be an excellent time to apply for vocational rehabilitation benefits through the VA. You will generally need to have a service-connected disability rating of 20%, or higher from the VA, to qualify for an assessment and determination of eligibility. You can also apply while on active duty, awaiting a separation for disability, or shortly after discharge, by providing medical documentation from the military and requesting a "Memorandum Rating". In this case the VA Rating Specialist does a quick review of your Service Medical Record and makes an unofficial determination that you probably qualify for a 20% or higher rating. This decision in turn, allows the Vocational Rehabilitation Division to work with you, as if you already had your permanent rating. You need to file an application online, or by filling out and submitting VA Form 28-1900. Call toll free 1-800-827-1000, or download online from www.va.gov/vaforms/.

The VA Vocational Rehabilitation Counselor will make a determination that your service-connected disability creates an "employment handicap" for you (or not -you can always appeal, if necessary). This in turn basically means you are prevented from "obtaining or maintaining" suitable employment because of your service-connected disability. What is suitable employment for you? Good question! Basically, it is substantial (skilled) employment which is consistent with your "demonstrated" interests, aptitudes and abilities and for which there is a job market. The VA will evaluate interests, aptitudes and abilities through your military training and employment; through your civilian education and employment history; and through standardized testing.

It may be that you have done a great deal of soul searching and know exactly what you'd like to go into, or get training for. Or it may be that you haven't got a clue - either way, you can get assistance towards defining a new career goal, as well as possible funding for further education, or career training. The VA is also able to provide direct employment assistance if it is felt you already have marketable job skills, but you have a need for some direct assistance ( ie. resume, etc).

Finally, you need to be realistic with yourself, as well as the VA and employers! Don't ask for training to be a carpenter, for example, if you have a back disability. Whatever career goal you establish, has to be reasonable in terms of your health challenges, your capabilities and the civilian job market. Remember, you really only want to be going through vocational rehabilitation once - then it's on to bigger and better things!

Gregory Marlett g_marlett@hotmail.com I welcome emails related to this article. For more information, visit http://vetadvo.blogspot.com/

Copyright 2007 All Rights Reserved
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*How To File A Successful Disability Claim With The VA by Gregory Marlett

Being released from active duty soon, or been separated within the past year? If you suffered any injuries or major illnesses while on active duty, or active duty for training (Reserves and National Guard), you are entitled to file a claim for disability compensation benefits with the US Department of Veterans Affairs (VA)

This is a completely separate and independent evaluation from anything the military did, or didn't do, prior to your separation. In other words, it doesn't matter whether the military found you fit for duty or not, or whether the military acknowledged any disability resulting from your injury or illness.

This is a very important point! Why is it important you may ask? The reason is because in a few years you may have some serious arthritis in that leg you broke while jumping out of airplanes, or a need for further arthroscopic surgery on your bad knee.

All of these types of residual medical problems may require ongoing and expensive medical services and may also limit your ability to work in your chosen field. The State Police simply don't need officers with arthritic knees and forget about many other physically demanding jobs as well!

Even if you pass an employment physical, the constant strain on your back, or knee (etc.) and chronic pain will definitely put a crimp on your career and effectiveness!

The point is, that receiving recognition for having a "service-connected" condition (disability) will establish your eligibility, with the VA, for a number of important benefits that you may need in the future. These benefits include medical care, monetary compensation and access to further education and retraining.

What you will need for making a claim with the VA, is a copy of your DD214 (separation from active duty), a copy of your service medical records, especially with regards to your claimed injury or illness, and some personal assistance in helping fill-out your claim application (strongly recommended!).

Naturally, you will of course need the claim form for Compensation Benefits (VAF 21-526). This form is available from your local VA Regional Office, call toll free 1-800-827-1000, or download online from http://www.va.gov/vaforms/ .

If you don't have copies of your medical records, you will need to know the dates of treatment etc. The VA will then attempt to get these records from the military, with your permission.

I highly recommend that you obtain the assistance of a Veterans Service Officer when filling-out your claim for benefits. The reason is that these people are usually very knowledgeable and proficient in this field. They know the system well and will also assist you in appealing your case, if necessary. They can often make the difference in a successful outcome, as they are well aware of all the VA regulations and procedures that can make a difference.

Remember, the rating process is like a court of law, you have to prove your case, based on the evidence presented. The VA rating board is not representing you, they are representing the Federal Government's interests.

So, who are these Service Representatives? They are employed by a variety of groups and government entities, outside of the VA and Federal Government. They include such groups as the Disabled American Veterans (DAV), American Legion, VFW and State/County Veteran Service Officers.

All of these groups will represent and assist you FREE of any charges. You may join ,or not join the organization as you see fit - it simply doesn't matter.

There are also some other fine organizations with Service Officers, including Paralyzed Veterans of American, Military Order of the Purple Heart and Blinded Veterans of America.

All of these groups are certified and accredited by the VA to provide claim assistance to veterans. You can call your local VA Regional Office for contact information at 1-800-827-1000, or look these groups up online.

So, get your information and records together, obtain a Service Representative that you can work with and get your claim in to the VA right away. Don't procrastinate!

It's naturally much easier to pursue a claim now, than in 5 or 10 years. You'll be amazed at how much you forget and this hurts your chances of being successful. Also, there is a time penalty for waiting to file your claim.

If you file your claim within 1 year of your separation and your're successful, the effective date of benefits is your separation from active duty date. If you wait until after 1 year of your separation and you are successful, the effective date of benefits is the date that you first filed your claim.

Good luck, best wishes and thank you for your service to your country.

Author: Information Gregory Marlett g_marlett@hotmail.com I welcome emails related to this article For more information, visit http://vetadvo.blogspot.com/ Copyright 2006 All Rights Reserved

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