Filing a Claim
with the VA
If a veteran believes that he or she has been harmed by anything in
their military experience, they have the right to file a claim for treatment
and compensation with the Department of Veterans Affairs (VA). A claim can be
filed at any time and there is never a charge to file a claim.
How to File a Claim:
A claim can be filed at any VA office or medical
center. Many cities also have storefront "Vet Centers" where a claim
may be filed. It can also be done by mail, after requesting the appropriate
forms from the VA. Most telephone directories will list the nearest Va
facilities under "US Government"
Assistance of a Veterans Service Officer (VSO) may also be sought.
All major veterans organizations (American Legion, VFW, DAV, etc) have service
officers authorized by the VA to act in behalf of the veteran. In addition,
many state and county government agencies have VSO's. Once again, there is
never a charge for the assistance of the VSO. A caution: As with anything
else, there are good VSO's and bad VSO's. The veteran must feel comfortable
with his VSO, because this person will be handling the veteran's paperwork and
(hopefully) advancing the claim. The veteran should be comfortable working
with his VSO and feel that progress is being made. If the veteran feels that
his claim is not being handled properly, he should not hesitate to find a
different VSO to assist him.
Agent Orange Claims:
An Agent Orange claim is filed the same as any other claim; essentially
it is a claim for injury during service in the military.
It is not necessary to discuss Agent Orange in the filing of the claim, and in
fact, it can be detrimental. As the veteran, all you must do is describe, to
the best of your ability, the injury or disease. This should be done in
layman's terms; you are not a physician and should not attempt self-diagnosis.
The VA will accept the claim, and schedule the veteran for a medical
examination. At that time, the veteran should inform the physician that he was
in Vietnam. A "Agent Orange " tag should then be affixed to the
If you have seen a private physician, medical reports can and should be
included with the claim. There is no value, however, in a physician's opinion
that the disease was caused by Agent Orange. Quite simply put, most physicians
are not qualified to make this assessment unless they are a researcher. Many
veterans think that a letter from their doctor stating that the physician
thinks this was caused by Agent Orange will help --- the truth is that it does
not. Currently the VA offers compensation for only certain diseases as related
to Agent Orange. This does not mean, however, that your condition may not be
awarded. The VA may award for a condition as related to some other cause.
Regardless of potential disposition, if you have a health problem from
military service: File the Claim!! Laws change,
and a condition that may not be compensable today, may well be compensable
tomorrow. The only way you can protect your rights is to file the claim. VA
claims are usually awarded back to date of filing. If you do not file, you
forfeit your rights.
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these are far better downloaded here side 1 side 2