Changing your VSO midstream is sometimes not possible when your claim is being adjudicated, so make sure you pick a good VSO.  Ask around in the veterans community (especially Vietnam vets with Agent Orange exposure) for a referral.  Ask questions to ascertain their knowledge of the special regulations for Persian Gulf vets.  Find someone who will educate you as well as actively advocate for you.  Veterans service organizations are located under the Resources section of this guide.

Step 2: File a Claim.  At the first appointment with your VSO make sure you get the appropriate forms and be careful in completing them.  Do not wait until you are very ill to file your claim.  It is important to get your claim in as soon as you can in order to establish the earliest possible effective date if you are granted benefits.

Step 3: Get Records.  A free set of all military service and medical records is available to you.  File a Request Pertaining to Military Records, Standard Form 180, with the appropriate military agency.  Compile your own records of civilian medical treatment.  Civilian doctors and hospitals have procedures for allowing you to get your records.  Records of treatment in VA medical facilities are available for free by filing a VA Form 70-3288 with the VA medical facility.  If you have in your possession copies of any military medical records, protect them.  No one knows exactly how many records have been lost or destroyed, but some veterans groups estimate as many of 50% of Gulf veterans medical records are missing.  Be aware that some psychiatric medical records may be released only to a doctor or counselor.

Step 4: Put Facts Together.  VA employees have a duty to help you "work up", or develop evidence for, your case.  They are obligated to do this only after you have presented a "well-grounded claim" to the VA.  It is important for you to work with your VSO to put together a well-grounded claim.  Even after you do so, however, the VA employees who will review your claim work with many hundreds of veterans' cases.  Consequently, your ongoing participation with your VSO may be critical in the proper development of your claim.  Help your VSO and yourself by writing out a list (with dates) of your health problems in the order they have occurred.  Submit that list with copies of the medical records that document the problem.

Step 5: Cooperate with the VA.   Once you file your claim, the VA may make an appointment for you to see one of its doctors for a disability evaluation.  If you do not go to this exam the VA may reject your claim.  If the VA asks for additional information, be very careful to respond within the deadlines in its letter.  If you do not have the information requested, or you have already provided it, do not simply ignore the letter -- doing so may let the VA

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Overview

Disability compensation and pension are VA entitlements that make up for your loss of income when you become disabled.

Service connected compensation is available for disabilities that were incurred during, or aggravated by, military service.  Compensation is payable based on the degree to which you are disabled by the service connected condition.  Effective 12/1/95, the benefit rate for a 10% disability is $91; for a 100%, or total, disability, it is $1870.  Veterans who are rated at 30% or greater for service connected disabilities may receive additional compensation for dependants.

Non service connected pension is available to veterans with very low income who served during war time and are totally disabled.  The disabilities do not have to be service connected, and combat service is not required.  Additional pension for dependants is also available.

Benefit payments are also available to eligible survivors of deceased veterans.

Service Connected Claims

Service connected compensation is available to veterans with physical or mental disabilities that were incurred during or aggravated by service. It is not income dependant; that is, your income and assets are not considered when determining compensation.  It does not have to be related to combat, it just has to be connected in some way to your time in service.  In general, you have to prove three things:

• You currently have a physical or mental disability;


• Something happened in service: for example, you contracted a disease that began in service; you suffered an injury in service; something happened to you that affected your health while in service; you were treated for a chronic condition shortly after service; or a condition you had before service worsened due to  service.


• There is a link between your current disability and what occurred  in service.  Primarily, this must be proved with an experts' opinion, such as a doctor.

Second Edition - Fall 1997          Page 14