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First time claim, 8 years since discharge - Better to let VSO file or File on VA.gov?

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MaxMax

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Hey, as title suggests, a few questions -

I am filing my first claim, which, in a perfect world, would have been done right after service, but it has been 8 years now through struggles to find the right diagnosis an getting treatment wrt mental health (I have another post as well).

I have been working through a VSO, who took a look at my mil records, but not my civilian records, and we have been doing a little work to identify which conditions to claim. 

I am wondering if it what is quicker, more efficient, better for all parties involved, etc...

Should I just pull up the va.gov site and submit a 21-526EZ through their site, with their web application (which allows me to put comments, attachments, guides through...), or to have the VSO file the 21-526 on my behalf? I'd have to do some more paperwork through him (like a middle man), instead of on the site directly. 

I am wondering if there is a perceived benefit to having the VSO be an intermediary?  Is there a way for me to submit on va.gov but also let them know who my VSO is?

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  • HadIt.com Elder

I like the old hard copy organization.  Two sides.  No duplicates.  Tabs identifying references.  If my current C&P file was organized with the mandatory "Bates Numbering PDF" system and eliminated duplicates, it would reduce the file from over 10,000 pages to less than a 1,000.

The review of the whole medical record is required for each disability to ascertain the interaction between disabilities and medications.  Much easier to look at the medical file as one document in ascending date order.  With the Bates Numbering "apx 001" to as many as is would make finding things on your computer much easier than trying to search for a hand written document that you know is in that 10,000 pages because the referenced pages are not always included behind a Rating Decision.  Often times a RO or DRO just copy from the previous Rating Decision without actually doing a Rating. 

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A good VSO can save you a ton of time.  I asked around and found one that had a fairly good track record.  I prepped the file for him and provided him all the info he needed.  Our combined efforts resulted in a solid 80% on the first shot.  I then submitted an intent to file and about 352 days later it struck me that we had not submitted the claim.  He had forgotten as I had.  The was my fault - it is my claim.  It is your claim - never forget that.  That claim moved me to 90% and a rejection of my ITF because I took to long to submit the claim.  I appealed the 5 major items the VA didn't like (I did that myself by pulling up more data) and won the appeal and went to 100% P&T.  I then requested a higher review for the date of the rejected ITF and won that moving my eligibility date back 12 mos.  My experience was I did not know enough the first time I filed and the VSO made a huge difference.  I had been out for 20 years!  As I learned more, I was much more comfortable about submitting my own paperwork.  This is my experience - your mileage may vary.  If you have the information and know the system don't be afraid to submit but the VSO on my first submission was a BIG help.

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CapnHaddock Every claim is different because our situations, facts, time lines and evidence are different.Regulations, laws and VA procedures change over time. But I think your path is one followed a lot. You said it yourself. You spent the time and effort to check out the VSO to make sure he was going to be on the same page as you. And equally important for all of us to remember, each and everyone of us is driving the boat: if it doesn't work out we, no one else is ultimately at fault but us. You dropped the ball on submitting the hard claim after your ITF. That's on you. The veteran who says "well, it's the VSO's fault"  doesn't get it. It's not the VSO's claim; it's YOUR claim! No one else has more interest in getting your award granted. Thanks for the great advice.

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You can represent yourself successfully "provided that" you have the right skill set:

1.  You need to be organized enough to keep and retreive copies of VA documents such as decision letters.

2.  You need to have some computer skills and be able to do searches of BVA, CAVC cases.  

3.  You need to be healthy enough to persist long enough to see your claim to fruition.

4.  You should be able to write a concise, well written letter explaining your reasons you dispute their decision in a nod.  

5.  You need to have good reading comprehension skills.  

6.  You need to be able and willing to persist until you achieve the desired result. (Dont give up.  Giving up fails)

     "If" you lack in one or more of the above, you need to have access to a spouse, family member or friend who will help you that has these skills.  

My advice is to grade yourself "A-F" on each item above.  If they dont average out a B or better, get help.  I get "A's" on 2-6, but struggle with organization.  I learned, once I get a decision to scan it in, and put it in a folder on my computer "WITH a great backup", such as google drive which allows access on any computer.    Even tho I got a "D" in organization, because I have computer skills it makes up for it and I have a "B".  

I was able to win my benefits, but it took me 18 years to win them all along with an eed.  

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I agree with broncovet whole-heartedly.  I was successful on my own because I probably would rate myself an "A" in all 6 of those areas.  I am a Data Analyst by trade.  I am VERY detail-oriented, and I can read and understand legal language fairly well.

I know of several friends who do not have these skills, and they are overwhelmed by the process.  I try to help where I can, but I cannot force anyone to follow through.  That's the most frustrating...knowing that someone really deserves the benefits they aren't getting but not being able to get them to do what they need/should do.

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