Military Veterans' Lawyer Blog

Filing a claim for disability benefits with the VA is a straight forward process. There is no magic formula to the process.

However, recent revelations about some employees at some VA Regional Offices destroying or hiding claims raises issues regarding how veterans can protect themselves from such unconscionable behavior. There are some things you can do to help make sure your claims are received and processed by the Department of Veterans Affairs.

The easiest way to protect against lost or destroyed claims is by delivering the claim to the VA Regional Office directly. Deliver the claim directly to the VA and ask the VA employee accepting the claim to date stamp the claim as received and provide you with a copy. The VA employee should be glad to accommodate your request. If the employee is not willing to abide by your request, ask to see a Supervisor. Now you have a copy of the claim you filed with a VA date stamp showing the date it was received by the VA. If you later discover the claim has been lost or has otherwise not be processed by VA, you can provide them with a copy of what you have and insist they open the claim and begin processing. Remember the date of the claim should be the date shown on the copy VA provided to you. This date is important because most benefits granted are granted effective the date the claim was filed with VA. There are exceptions to this but the date of the claim is a very important date and it should be correct.

Next, if you can’t get to the VA Regional Office for some reason, the next best way to prevent lost or destroyed claims is to visit a Veterans Service Organization such as the Disabled American Veterans (DAV), American Legion, Veterans of Foreign Wars (VFW) or your state veterans service organization. They can help you complete the claim paperwork and can submit the claim for you directly to the VA Regional Office. Make sure the organization you choose has procedures for filing the claim. Most veterans service organizations log claims filed for claimants into some type of database or tracking log to ensure the claim gets opened and processed by VA. Again you should ask the service organization for a copy of what they file on your behalf. Then if the claim gets lost or destroyed, you have proof the claim was filed supported by the service organization records of the claim.

Finally, if you have received a decision from VA on a claim that you don’t agree with, hiring an attorney can be a good idea. Most attorneys use certified mail, return receipt requested when sending claims, documents or other important paperwork to the VA. This ensures the VA receives what has been sent. The VA must sign for the submission and that signed receipt is returned to the attorney.

Remember, it’s your claim; take responsibility for ensuring everything that can be done, is done to make sure the Department of Veterans Affairs receives, opens and processes your claim for benefits. Whether you file your claim directly with the VA, through one of the veteran service organization or an attorney, make sure you’ve done all you can to ensure your claim is given the attention it deserves by the VA.

Recently one of my staff had a few medical exams. This reminded me of a plea by Col. Tim Gann (not Brig. Gen. Gann), who came to the USAF Doctrine Center in 1997. Col. Gann stated a prostate exam had saved a fellow Army War College student’s life by catching the student’s prostate cancer. Col. Gann swore by this exam as a result. Later our PA, Col. Randy Dobbins, proceeded to stress anyone over age 50 must also get a colonoscopy.
Thus, when one of my staff underwent a colonoscopy I asked them, weeks later, to discuss this procedure to help others understand the procedure and the merits of having these exams. So without any further lead-in, their story:

I recently went for my first colonoscopy. They recommend them regularly after you reach 50 years of age. I have had several flexible sigmoidoscopies since I turned 50 but not the BIG C.

The colonoscopy has become an urban legend. It is viewed by most laymen as the ultimate in humiliation and pain. Mind you, those who haven’t had them have listened to the horror stories of their friends and decided this particular test is not for them even though they have had one themselves.

I have to admit; I put off having mine until I was having recurring abdominal pain and decided (in my imagination) that I had terminal colon cancer. I decided the ultimate in humiliation and pain may not be as bad as having an advanced case of colon cancer so I scheduled an appointment with a Gastroenterologist. That doctor specializes in diseases of the gastrointestinal system. You have to wonder what kind of weirdo goes into that medical specialty. Oh well, I digress.

I met with my doctor, who was a female, and she indicated I needed both a colonoscopy AND an upper endoscopy because of my long term symptoms of gastroesophageal reflux disease. I was not a happy camper. Not only was I going to have a colonoscopy from a female doctor, now I had to have both the upper and lower done. To top that, she indicated she wanted to do both tests at the SAME TIME!!!!!

Now I’m as brave as the next guy but both upper and lower together? I was not “feeling the love”. I agreed to having both tests done when my doctor, a really nice young lady, indicated because of my other health issues (diabetes, sleep apnea and heart disease) they didn’t want to have to put me under anesthesia any more than necessary. In fact, she ordered an anesthesiologist be there during my tests. I saw my life pass in front of my eyes.

Man was I getting paranoid. About a week before the test I had to modify my medication routine. I couldn’t take any aspirin. The day before the test I had to start the “clean out” process as they call it. You take several gallons of laxatives and spend all day and night before the test on the toilet. That was an unpleasant experience. I mean it was REALLY an unpleasant experience. I must have been very diligent at this task because when I reported the next morning and was asked if I got “cleaned out”, I said yes and they ask the most bizarre questions like, color, consistency, etc. I must have done a good job because everytime I answered one of their questions they would nod and goooood!!!!

They made me strip down to my socks and gave me one of those hospital gowns that open in the back. It didn’t take me long to realize in my case that was a very good thing, given what they were about to do to me. But the really neat part was they gave a heated gown. They keep the gowns in some sort of heated storage cabinet to keep the gowns warm. After spending the entire night sitting on a toilet with little or no sleep, you can’t imagine how warm and fuzzy it felt to have a toasty warm gown. Even if it did let in a draft in the back.

Next they took to the endoscopy suite and tried to give me anesthesia. The first IV didn’t work and they scrambled to get a second one going. Then the anesthesiologist put a needle and syringe into the IV and the next thing I knew a nurse was asking me how I was doing and I needed to start passing gas.

That, my friends, was not a problem. I felt remarkably well and had no ill effects from the anesthesia or the tests. No residual pain, no soreness, no discomfort, no nothing. They brought me a soda and my clothes and told me as soon as I felt comfortable I could get dressed. I got dressed and sat in a chair waiting on my doctor.

The first question I asked the doctor was “you didn’t use the same scope for both procedures did you?” It is amazing why one thinks making jokes to the person who just saw you in your most naked state is a good idea. My doctor offered a patronizing smile and said, “ no sir, we use different scopes”. I bet she hears that hundreds of time a month. Oh well, after letting her do to me what she did to me the least she could do is listen to my jokes.

Bottom line – it was not that bad. I had some polyps and she took those out. I’m waiting to hear on the pathology report. I didn’t have any residual pain. This test is one of the easiest and most effective ways to screen for and detect early, one of the country’s most deadly diseases -colon cancer. If your over fifty and your doctor recommends the colonoscopy, have it done. It’s not as bad as you’ve heard and it may save your life.