How would you file an Initial First ever Claim? Today. Why?

[ToxicSgt73]

1.  How would you file a first time ever claim, today? Knowing everything that 'you' know today. Why? 

I have a good idea of what I want to do, right now, today. And I have a good idea of what I want to continue to do, and a good idea now that I have no clue of how much I will change that idea as each day goes forward.  So, I know I have to get this ball in motion and pick a plan an go with it.

I have decided to go it without a VSO.  I wish I could get a partial power of attorney accepted (maybe I can, maybe someone can clarify that). NO ONE except me should decide my fate, unless their agenda is 100% one of doing what is in my best interest (or as close as money will buy), I don't want anyone bargaining for me unless I can contractually limit them to specifics.  I know this could be/may have been my toughest non adversary to date that I have ever had to bargain with, but I have never shied away from trying when I study it and apply what others have done before me, in a lot of endeavors.

So, some of the choices I see: 
File on all items that I have all the required pieces for to develop a FDC.
File on a subset of the items to hope for a desired rating level to achieve a desired level of benefit.

File on even a smaller subset to just feet in the door and get a rating, then come back with the rest. 

Then, as far as Intent to File, or Just starting a Claim, my initial thoughts open for clarification.

The Intent to File you hold the rest of everything to your chest until you pull the filed trigger, but you keep the effective date? Actual results? 

With Starting the Claim today, and not completing it for some length of time, are you uploading partial bits and pieces or do you still wait to enter specifics all at one time? does this give the VA a heads up of what you are up to, so as to allow a faster shootdown if that was in the cards? Since I have not been into the online claim system, I have no idea how that works, except what I read, and without seeing it, that doesn't mean much to me. 

I have read, based on the past, that some believe, the only way to deal with the VA is US Mail Certified.  I believe that may have been very true....my question? Is it still that way? 

I saw there was a tinnitus claim recently awarded in 35 days.  I believe that was FDC and online submitted? 

In navigating the different VA websites, I have 3 different signons, a premium account, and was sent to DEERs....but can't accomplish that yet....as I really don't know what its for, its probably an okay thing. 

Would anyone here avoid filing online? Why? 

 

Trying to make up my mind, looking for more ways to look at it.

Now, my actual experience with the VA in the last week. 

1). I filed a 10-10ez one early am.

2). The next day, in the late afternoon when I signed on the VA website to look around again, instead of whatever it said initially, like pending or working, or somethin, I don't remember as it wasn't displayed long enough.....it said: Enrolled, with big check mark? Now I wasn't sure exactly that it meant what it said. 

3). The next day: I was called to schedule my first appointment, which I had checked that box. Which I did, 12 days out. 
 

That same day, which was yesterday, I checked online for more things to discover, and I discovered 'my' handbook.  I was given Priority 5, which I think will work for me. 

So? Which VA am I working with? Has something changed? I have been called 3 times now by the VA welcoming me to the system, and it has been very pleasant experience. Is this a trick? a Jedi mind trick? or is this something that I haven't been reading about? Is this what you are experiencing? 
 

I am trying to decide how to start the claim and how fast.  I am still waiting on my STR's.
I have two pretty straightforward claims direct SC either up or down.  After that it gets really complicated, these are not really my concern right now, I do know I want to save these for a later day.  I may be able to pull one or two out of these to develop with the first two.  This would put me theoretically over 30%, which I see would be something worth getting. I believe it has value to ask this question without specifics as to the claims (I will do that later in the process). 

I am really trying to weigh all the reasons and ways for getting an effective date now, instead of later.  But, I don't want to sabotage my claim.

 

[broncovet]

Most of the pro's here would agree with Hondoii, with the exception that some really think a VSO does more harm than good.  

I expect that by next year, I will be able to figure out how much giving a POA to a VSO is going to cost me, vs doing it myself with hadit help.  Right now, the biggest cost is following the advice of a VSO who suggested I "not" appeal a zero percent rating after a favorable board decision.  

 

So far it looks like following a VSO's advice will cost me a minimum of $9000 (3 months retro at 100 percent), but it could be much much worse...more like 50,000 in retro lost for using a VSO.  

Fortunately, his advice sounded bad so I sent in a document that I construe as a NOD, but it did not say "NOD" on top.  I watered down the language because of the VSO.  Instead of saying "I disagree with the decision dated mm-dd-yy", I said the decision was incorrect and needed to be changed.  

The VA marked my document "appeals", but then stuck it in a cyber and paper limbo..then lost it.  

I ordered a copy of my cfile, however, and found it there, stamped "appeals" by the VA.  I also subitted new evidence and mentioned the same which should suffice to reopen under 38 cfr 3.156 b.  The reason is, in the past, a 21-4138 form was sufficent for a nod, to apply for an increase, and almost every thing else.  Now, they have to be on a special form.  

So, be careful with a VSO.  

[HONDOII]

43 minutes ago, broncovet said:

Most of the pro's here would agree with Hondoii, with the exception that some really think a VSO does more harm than good.  

I expect that by next year, I will be able to figure out how much giving a POA to a VSO is going to cost me, vs doing it myself with hadit help.  Right now, the biggest cost is following the advice of a VSO who suggested I "not" appeal a zero percent rating after a favorable board decision.  

 

So far it looks like following a VSO's advice will cost me a minimum of $9000 (3 months retro at 100 percent), but it could be much much worse...more like 50,000 in retro lost for using a VSO.  

Fortunately, his advice sounded bad so I sent in a document that I construe as a NOD, but it did not say "NOD" on top.  I watered down the language because of the VSO.  Instead of saying "I disagree with the decision dated mm-dd-yy", I said the decision was incorrect and needed to be changed.  

The VA marked my document "appeals", but then stuck it in a cyber and paper limbo..then lost it.  

I ordered a copy of my cfile, however, and found it there, stamped "appeals" by the VA.  I also subitted new evidence and mentioned the same which should suffice to reopen under 38 cfr 3.156 b.  The reason is, in the past, a 21-4138 form was sufficent for a nod, to apply for an increase, and almost every thing else.  Now, they have to be on a special form.  

So, be careful with a VSO.  

Yea, I definitely didn't mean to imply that you should use the VSO for their advice. I solely used them as a tool to check status and get a timestamped confirmation on my my Supplemental Appeal.  I'd definitely be wary of VSO advice.  The responsible thing to do is always fact check and research things that someone tells you is the "correct" thing to do and make an informed decision.  Obviously, this isn't always the case (guilty of it myself) and we often find ourselves just going with what someone said we should do.

 

Sorry to hear about the lost compensation from unsound advice, @broncovet.  Like you said, it could be way worse. I think a combination of my post and your feedback about VSOs should help any Hadit member become more situationally aware.

[ToxicSgt73]

2 hours ago, HONDOII said:

Yea, I definitely didn't mean to imply that you should use the VSO for their advice. I solely used them as a tool to check status and get a timestamped confirmation on my my Supplemental Appeal.  I'd definitely be wary of VSO advice.  The responsible thing to do is always fact check and research things that someone tells you is the "correct" thing to do and make an informed decision.  Obviously, this isn't always the case (guilty of it myself) and we often find ourselves just going with what someone said we should do.

 

Sorry to hear about the lost compensation from unsound advice, @broncovet.  Like you said, it could be way worse. I think a combination of my post and your feedback about VSOs should help any Hadit member become more situationally aware.

HONDOII, 

Thanks for the detailed outline, and for clarifying what you meant about VSO's. I am sure I will be referring to it along with others. 

Broncovet, 

Thanks, I have read far too many stories such as yours to trust anyone except myself (even when its really hard to get anyone else to trust me, and when I am limited in the time... that I will be able to pull that off). 

This is why I said what I did about not desiring to use a VSO before. I think such as in the case of my son, he served about 9 years, had medical problems in the service, and just 'handed' his POA to a VSO and walked away and just laid down and accepted whatever bone they threw him.  He doesn't have clue what took place and doesn't care. For someone like him, I believe he did the right thing, for he would have fared much worse probably.

For me, I don't expect anyone to take on the task that I will I have,  and to spend the time necesary to do what I see has to be done.  No one. Not here, not anywhere. Not many attorneys....either. 

The reason I have survived is all the double and triple checking of everything I do in public or before I submit anything. So far, so good. To not get it right is really not going to be okay. Sure it limits my surroundings, I do okay.

I believe I will try to get 'verified' or whatever its called, tomorrow, so I can submit on ebenefits, I will research more on my own about the Intent to File and actually starting the File. 'Before' I hit submit or intent to anything.

And I feel I should research a little more about VSO's and actually try to talk to more than one, so far, I talked to one about a month ago. The day after I requested my DD214. I was not impressed, but I was keeping him from his lunch.

I do think I see your point about the intent to file is probably better for me, just in case I decide to work closely with a VSO, but I won't be handing anything over to anyone and walking away. 

Now I am gunshy of asking any questions, so I will look up the difference between an advocate and a VSO, jsut in case there exists advocates in some sense other than my wife is an advocate, I am my best advocate.  It really evacuates a lot stale stinking air, that I can't just go to an attorney and do it right from the start.

The VSO I went to about 5 years ago that didn't impress me and then I lost interest, I found out he was cutting grass for a living the next month, and the following month he was fired from that job, per the county VSO this year. 

I guess I didn't understand what goes on here, I was trying to limit to just what I needed help with, I was not expecting step by step, I am truly sorry, if I gave that impression. I know I present an extra burden. I think it is a great thing that you have here, a place where vets are helping each other. 

I will venture one question, because this has troubled me for awhile.  DAV is only at RO's, that is almost 4 hours away from here. ? 

[HONDOII]

@ToxicSgt73,

I think most, if not all VSOs reside inside the VA Regional office (minus the ones with satellite offices elsewhere) so that they can access your C-File and VBMS.  I was in the same situation in that my VARO and the VSO (DAV, in this case) were about 2 hours away from me, one-way.  All my correspondence was done over the phone and I've never once stepped foot into my assigned VARO or VSO's office (I did visit a closer VARO once to try and get copies of some paperwork but that's a separate nightmare story).  If you are capable of putting records together for yourself (like I mentioned in my walk through post), then you shouldn't really have any need to ever visit your VSO unless you like talking to people in person.

 

Also, I'm telling you this with the utmost urgency, file your Intent to File TODAY. It will not affect your claim in ANY way other than preserving your back pay date to whenever you submitted it.  If you don't file your claim within a year from that date, it simply expires and you can file a new one.

Edited September 9, 2019 by HONDOII

[ToxicSgt73]

2 hours ago, HONDOII said:

@ToxicSgt73,

I think most, if not all VSOs reside inside the VA Regional office (minus the ones with satellite offices elsewhere) so that they can access your C-File and VBMS.  I was in the same situation in that my VARO and the VSO (DAV, in this case) were about 2 hours away from me, one-way.  All my correspondence was done over the phone and I've never once stepped foot into my assigned VARO or VSO's office (I did visit a closer VARO once to try and get copies of some paperwork but that's a separate nightmare story).  If you are capable of putting records together for yourself (like I mentioned in my walk through post), then you shouldn't really have any need to ever visit your VSO unless you like talking to people in person.

 

Also, I'm telling you this with the utmost urgency, file your Intent to File TODAY. It will not affect your claim in ANY way other than preserving your back pay date to whenever you submitted it.  If you don't file your claim within a year from that date, it simply expires and you can file a new one.

1.) yes, DAV is about 3.5 hours away in RO.  

This does not work for me.  I still have the blank POA sent to me from the DAV 10 years ago.  My Dad was DAV member, I have his well worn belt buckle.  My son also used DAV. Not being able to look into someone eyes who can screw me into eternity doesn't work for me. 

2.) I will file the Intent to File today.

3.) I am capable of putting together a records package together as good as the best of anyone else (not all, but among which should be good enough, as I am more careful than most before actually committing. But, I am capable of committing. I did purchase VLB Attig's Veterans Law Blog Claim package, so I have a template for assembling things, among other bits and pieces of templates from around the internet and on here. So, I am not blindly saying I can do. I can do things if I pre lay out step by step, which I do.

 

So, here is the part that sucks.  So, for those who have limited time, turn around, stop reading.

*************************************
DANGER     ALTO     VERBOTEN   STOP

Because I am misunderstood if I don't explain what I am experiencing and how it affects what I do, I always experience what I did when coming here.  Through trial and error, what I did here, as painful as it is, this is the best method for success. 

1) Just do it. I did. Then at first sign that I was having problems interacting in the swimming pool,  I told the truth, half way.  I said I had a problem. Of course it is misunderstood as a mental, behavior problem, always is, but then, that is better than saying I have dementia (which I do have, but NOT in the hollywood sense of the definition) in the hollywood sense of the definition, in my reality, I am a freaky genius, I am, just a misunderstood artist. 

2) Then I attempt to tell what I actually have, so, that I can find the ones who can spare a few extra moments to understand what is necessary for a safe play space for both of us, that will be productive, and then the explanations can go away. For, I can't operate in the 'real' world without those allowances except as a spectator, and I am not the only one anywhere in the world who would benefit from those allowances. 

So, what I am saying here, there is a place where equilibrium is reached, and it is not far away, but like dealing with the VA, there are no shortcuts, no matter how smart one thinks they are.....ask me how I know.....8 years boots on the ground taking fire all the time.  But, I am still standing. Just a little more time and I will have figured how how to exist here, and all of you will figure out if I am real, if I am worth it, or if I should be left alone.  And most important, if you want to add a few extra moments to helping me over helping someone else at any given moment. Its called triggers.  Folks with brain problems have triggers.....shaved, hair triggers.....responses are like zip trains, except they aren't bullet zip trains, they are zip bulk tanker freight trains, loaded for BEAR.....and they are RUNAWAY and infinite fuel.......think about being being the 'controls' of something as POWERFUL as THAT.....that's ME......it is not what its kicked up to be......it is so tiring to keep that monster in its cage.......just think about the other side now and then.....I do.

 

I find that to overcome my language processing issues, that is easy to operate in circles and analogies. If I do that then I don't go into a full body tremor.....so, light bulb anyone? Then I can still type.  But, if I am forced to dig down deep into areas of my brain that is clogged with clumps of proteins that don't belong there....my brain will try to deliver....and if unsuccessful, it won't stop trying to give me the right output....it will load up that channel of brain communication...so then what happens? 

Just like a computer with CPU (central processing unit...the 'brain') it will if overloaded, overclocked, it will start 'shedding' processes, shut down subsystems (all kinds of analogies here)....so my brain will stop controlling the correct position of arms in time and space, and if that doesn't get it what it needs to provide my answer and I am still trying, it will stop correct positioning more things.....

Then my eyes will shut....and I mean shut.....not to open again....until the the load is gone....how do I know? I have spent 8 years trying....(not too often, way to tiring).

Then usually whatever word, maybe two words, or maybe half a word.....will become trapped in a loop....not a smooth repeating loop.....but a jagged....irregular spaced.....tone variable.....usually lower and lower.....until.....boom!

Everything in some fashion in some bumpy ride jerking and spasm loaded fashion will quickly return to my normal....

And here is where I usually get left in the cold.....just give it a minute or two.....once I realize that I am overloaded....I back off on the load.....faster back to normal.....then please just continue where we where......because guess what? 

 

I didn't go to planet #9.....I was right there......hearing everything....usually me being ignored, or over aggressive attempts at help, or really wrong assumptions of what is going on......

Then I am ready to pick up the conversation where we left off.....would seem like a common courtesy? Right? 

What usually happens, is that, I am ignored, and left out for eternity after that......

but, not by everyone, a very small few will care enough to figure out or listen long enough to see that a real person still lurks in these shadows.

 

Or I walk into a new door and say, 'hey, I have dememtia'......and guess how that goes.....

 

Or I go into this tirade on how I need allowances or everything goes sideways.....

Or, I take my chances with the 'plan'.....a step by step just like here.....with an end in sight, either some level of acceptance or full rejectance....I have plenty of experience here, mostly with the rejectance.

Most of US.......brain afflicted, whether it be anything......LBD, MS, TBI, we just go off and find a small comfortable box that won't hurt us by trying to help us........

Or a few of US, try to stay warriors to the end.....and then brother.....the end comes fast.....there ain't NO going thru this wall......as I explained above as to what happens to me....so, I stay away from the wall....leave it to the warriors...

 

It is not weakness to know ones limits.....to know when to ask for help......to know that no one owes you any help.....they give help if they choose.....and not many do.....but I am really grateful for any level of help.....and even more grateful to be left with the insight to know what is going on, what I can change and what I can't.

Like I said above.....if you hung around and read this....its on you.....I hope it helps you, and more important, I hope it helps others with the same issue as me in the future.......

think about that person stumbling on his words.....whether it is in print or in vocalization.....if he is talking in circles....if he can't talk in a straight line.....

if someone is missing a leg, do you jump to the same kind of conclusions? 

So......VSO.......if I go that route......he has to be sitting across from me. 

Edited September 9, 2019 by ToxicSgt73
grammer and spelling