“If you’re a veteran in need of VA disability benefits, you may be unsure of what to expect or where to start. You’re not alone.
“Today, we’re cutting through the confusion to help you navigate the VA’s complex system. By the end of this video, you’ll feel confident knowing exactly where to start and what to expect.
“I’m Melissa Alexander, a VA disability attorney with Woods & Woods. Our VA disability law firm has helped thousands of veterans with their VA disability claims and appeals.
“The VA loves their forms, and it seems like they have a form for everything. It’s our job to know the ins and outs of VA disability law and that includes the exhilarating world of VA forms.”
Who is eligible for VA disability benefits?
“Before you take the time to fill out an application for disability benefits, you probably want to know if you even meet the criteria to receive them.
“You might be surprised by how broadly the VA defines eligibility. VA disability compensation is available to veterans who served on active duty who have a physical or mental health condition that was caused or aggravated by military service. Veterans on active duty for training or inactive duty training may be eligible under some circumstances.
“Veterans who were given an other than honorable, bad conduct, or dishonorable discharge may not be eligible for VA disability benefits.
“When you apply for VA disability benefits, the VA will determine if your condition is related to your military service. If so, this is called a service-connected condition.
“The VA will also determine the severity of your service-connected condition based on the Schedule for Rating Disabilities, which is in the Code of Federal Regulations. It’s Ttitle 38, chapter one, part four.
“The VA will then assign you a rating percentage, which will determine the amount of monthly compensation you’re owed. Depending on the rating you receive, these benefits can be life changing.”
Preparing to apply for VA disability benefits
“If you believe you are eligible for VA disability compensation, you may be wondering where to start.
“You can apply for VA disability benefits in person at a VA regional office or online using your VA benefits account, through va.gov.
“You can also print and fill out the application by hand. This is what we will be going over later in this video. Just keep in mind that handwriting can sometimes be hard to read, which can lead to mistakes when the VA reviews your claim.”
The importance of your effective date
“Another point to consider is how the method you use will impact the effective date of the claim.
“Why does your effective date matter? The effective date is often regarded as the most important part of a veteran’s benefits claim. The earlier your effective date can mean a larger back pay when the VA grants service connection.
“Typically, your effective date will be the date you filed a claim for disability benefits. If you mail or fax a paper claim, the effective date will generally be the day the VA receives the form.
“Or, you can file an intent to file form prior to your claim. An intent to file can give you up to one year to submit a claim if you are not ready to submit the application. You might still have information, addresses, dates, or other evidence you’re still trying to gather.
“One advantage to filing online is that it allows you to file a claim and preserve your earlier effective date before you submit your evidence by just starting the application. This acts as an automatic intent to file. So, this gives you the time to collect that evidence, as long as you submit the claim and the evidence within a year of starting the claim.
“However, you can only have one intent to file active at a time, so you cannot always preserve an earlier effective date for a claim this way.”
Evidence needed to support your claim
“So, what kind of evidence will support your claim?
“Evidence often includes your DD-214 service treatment records, your relevant military records, and any medical evidence related to your condition, including doctor‘s’ reports, X-rays, medical test results, psychiatric reports, and supporting statements.
“The VA has a duty to assist you in gathering necessary evidence.
“You can also ask your friends, families, and employers to provide written statements about how your condition has changed your life since service. These are called lay statements, and they can help the VA understand why or how your condition is related to service and how it affects your daily life and work.”
How to fill out VA form 21-526ez
“Now we’ll walk through each section of the application for disability compensation.
“We are going to focus on the physical paper application. All the information needed is the same, but the questions are presented in a different order when filing online.”
Choosing your claim type
“The first thing you’ll be asked is to select the type of claim you are filing. Your options are FTC, standard claim process, IDES, or BDD.
“If you want to start the process before you submit the evidence, you can select the standard claim process.
“If you think you have all the evidence you need for the VA to make a decision, you can choose the fully developed claim. That’s the FDC option. While this option has the potential of getting you a faster decision. It’s important to know that if you’re missing evidence, the VA will move your claim from the FDC process to the standard claim process.
“The BDD option, which stands for Benefits Delivery at Discharge, is for active service members who believe they have a service-connected condition and have 90 to 180 days left before the end of their military service.
“Finally, the IDES option, or integrated disability evaluation system, is for wounded, ill, or injured service members who are placed in this program by the military branch.
“So, let’s get started on the application. One note about the physical form: you must put your Social Security number on each page, and I advise you to go ahead and just do that all at once so you don’t accidentally forget a page.”
Section 1: Identification and contact information
“So, the first section of the application is pretty straightforward. This is where you provide all of your identification and contact information, like your name, your date of birth, and your mailing address.
“You will start on part one of the five part application. It’s labeled ‘veteran’s details.’
“The first few pages ask for basic personal information. This information may be filled out automatically, so you’ll want to verify if it’s correct.
“If you’re filling out the physical form, you’ll fill in your name, date of birth, Social Security number, and mailing address. Your email address and your phone number are optional, although providing this may speed up the process, especially when it comes time for the VA to schedule C&P exams, or rather, a third party scheduling those C&P exams.
“Just noting this so you know what those calls are when you are seeing text and calls and emails from numbers or addresses you don’t recognize.
“Item four asks, ‘have you ever filed a claim with the VA?’ It’s just a box and it’s a yes or no. If you have ever filed a claim for VA disability benefits, check ‘yes.’
“The form also asks for a VA file number and your service number. If you don’t know these numbers, you can just leave these fields blank.
“Item eight on the physical form is only for veterans filing a BDD claim. If you are, provide the date or anticipated date of your release date from active duty. In this section, you’ll also be asked if you are a VA employee, to which you can simply answer yes or no.”
Section 2: New address
“Section two only applies if you plan to move to a new address.
“However, sometimes a veteran will stay with family or at another residence for a period of time, so you can put the temporary address to contact you at during this period.”
Section 3: Homeless information
“Section three of the physical form applies to veterans who fit the VA’s definition of homelessness.
“The VA may expedite a claim for a veteran who is homeless or at risk of becoming homeless. Some circumstances that qualify a veteran as homeless include living in a homeless shelter or staying with a friend or a family member. These circumstances are outlined in item 14 B.
“However, the VA doesn’t give an exhaustive list of every situation that constitutes homelessness. If you believe you qualify as homeless but your situation isn’t listed, you can explain in the box marked ‘other.’
“Items 14 C and D ask if you are at risk of becoming homeless. You can choose from the list of options or check the ‘other’ box. Just be sure to explain your situation as clearly as possible. There isn’t a lot of room in that box, but just give enough information that the VA can make a good decision.
“Items 14 E and F of this section ask you to provide a reliable point of contact for the VA to call if they can’t get in touch with you. Sometimes when you’re homeless, you don’t have a very good way of getting mail or phone calls. Sometimes you don’t have a phone. I suggest identifying someone who you keep up with and who will know your whereabouts.”
Section 4: Toxic exposure
“Section four pertains to conditions related to toxic exposure.
“Item 15 asks if any of the conditions you’re claiming are related to toxic exposure. If you believe they were, check ‘yes’ on 15 A and fill out the applicable items in15 B through E.
“Before deciding your conditions are not related to toxic exposure, you may want to speak to a doctor or VA-accredited agent, attorney, or VSO about whether there’s a known association between your symptoms and prior exposure.
“There’s a wide range of conditions, both presumptive and not, that can be service connected through toxic exposure claims.
“Presumptive conditions are easier to prove because the VA will assume, based on your service period and location, that you were exposed to certain substances or experiences that contributed to your condition.
“However, you can still prove a connection between your exposure and your condition if your situation doesn’t meet the presumptive criteria.
“If you know your claim is related to toxic exposures, read the locations listed in items 15 B and C. These locations are recognized by the VA as presumptive service locations. Mark ‘yes’ or ‘no’ and give dates of when you were in said location.
“Item 15 D lists several common military exposures. Some, like radiation or contaminated water at Camp Lejeune, can be connected on a presumptive basis as long as certain criteria are met, but others cannot — like asbestos.”
Section 5: Claim information
“Section five is where you list the disabilities you’re claiming, what caused them, and when the condition began. This form provides an example, but you may want to be more thorough.
“I see a lot of veterans who write too much in this area, and it’s difficult or impossible to read. I would use an additional page if you need to write more details. Also, there is an extra page to use at the very end of the paper form if you have more conditions to list.
“Additionally, it may be a good idea to provide evidence for each condition that you are claiming. You don’t need to have all of your evidence before submitting the application unless you have chosen to file a fully developed claim.
“However, the VA will make its determination based on the evidence available. The more evidence you can provide, the faster and more accurate the decision will be from the VA.
“When submitting separate evidence with a physical form, I recommend adding your name, Social Security number, your service number, or your claim number to the top of each document that you’re submitting.
“That’s just in the event that evidence gets separated from your claim form. When scanning all of this mail sent to the VA, written correspondence can be separated. Sometimes it can get miscategorized in the process and overlooked. This is a good idea for any extra pages you include.
“When filing online, you can upload files by clicking the link labeled ‘Add Evidence Attachment.’ The amount you can upload at once is limited, and the files must be in the correct format.”
Section 7: Service pay
“Next is section seven.
“So, item 24 A in section seven asks if you receive military retirement pay. If you do, check ‘yes’ and fill out items 24 C and D. If not, you can skip those items.
“This does not apply to any retirement pay or pensions you have from your civilian jobs. However, most veterans want to receive VA disability pay over their retirement pay because VA pay is not taxed. The best option for you depends on your situation.
“Items 27A through 28 ask if you receive separation pay, disability severance pay, or any other type of lump sum payment from your branch of service.”
Section 8: Direct deposit information
“Section eight covers how you will receive your payments.
“The Department of the Treasury requires that all federal benefit payments be made by electronic funds transfer, or EFT, also called direct deposit.
“There is a URL on your claim form for those who do not have a bank account or need help setting up a bank account.
“If you already have a bank account, you can find the information to fill out items 30 through 32 on your banking app, the bottom of your checks, by visiting your bank in person, or by calling your bank.
“If there is an issue or concern regarding using a direct deposit, or if you wish not to enroll in direct deposit, you will need to get a waiver. There is a toll-free number on your claim form for you to call regarding this kind of waiver.
“I understand there may be concerns regarding direct deposit, but there are also several benefits to getting your VA compensation by direct deposit, such as getting your benefits earlier. Payments are generally posted the first of every month. However, some financial institutions make your VA compensation available earlier than the first.
“Also, with direct deposit, you will have immediate access to your funds, and you do not need to wait until a financial institution is open to cash a mail check.
“If you choose the physical payment option, the VA generally will put your disability check in the mail a little early to ensure it’s delivered by the first of the month. However, holidays or weekends can delay when you receive your check.”
Section 9: Claim certification and signature
“By signing your name in section nine of the form, you are confirming that all the information you provided is accurate to the best of your knowledge.
“Additionally, your signature gives the VA permission to contact individuals or organizations as needed to verify the information.
“If you read the paragraph above the signature line, you may wonder who the VA might contact. While the VA is authorized to reach out to a variety of organizations and people, they are most likely to contact your employer or request documents from the Social Security Administration. They do this to verify how your disability affects you at work.
“If you’re applying for VA individual unemployability, however, signing this document does not grant the VA access to your private medical records. You can give the VA this permission by filing VA Forms 21-4142 and 21-4142a. Doing so may help the VA assist you in getting this evidence that is needed for service, connection, or determining the level of your disability for compensation purposes.”
Sections 11 and 12: Alternate signer certification and power of attorney
“Sections 11 and 12 are for alternate signers.
“If a veteran is unable to sign for themselves, a court-appointed legal guardian or someone granted power of attorney can sign on their behalf.
“Alternatively, a lawyer, VSO, or accredited claims agent can sign for non-initial claims after sending in a VA form 21-22.”
How Woods & Woods can help
“That brings us to the end a VA Form 21-526EZ.
“Hopefully this comprehensive guide to applying for VA benefits helps you on your journey. It’s impossible to answer every question in one video, so if you have any specific questions, feel free to call us for a free consultation.”
Woods & Woods are a great firm. My process was a long one but they were professional every step of the way. I would recommend any veteran, who is looking for help in receiving benefits, call them asap. You will not be disappointed.
J.S. a Navy veteran from North Carolina
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