Tyson Manker - Va Handbook for Veterans and Advocates

VA Handbook for
Veterans and Advocates

How to file for VA Benefits
and Appeal Your Claim

Tyson Manker

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2021 Tyson Manker. All rights reserved.

No part of this book may be reproduced, stored in a retrieval system, or
transmitted by any means without the written permission of the author.

Published by AuthorHouse 11/28/2020

ISBN: 978-1-6655-0421-8 (sc)

ISBN: 978-1-6655-0420-1 (hc)

ISBN: 978-1-6655-0422-5 (e)

Library of Congress Control Number: 2020920212

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Contents

Additional information, forms and resources can be found online:

https://VA-handbook.com

The password for protected areas is: honest1

Dedication

T his handbook is dedicated to every person who ever wore the uniform of the United States of America, and those who advocate for us. I salute you.

To my angel mother, thank you for everything.

V A Handbook was written by a combat veteran / attorney for fellow veterans who were injured during their active duty military service and now want to file a claim with the Department of Veterans Affairs (VA) for disability compensation, health care and other benefits. Advocates and family members will also find it useful.

Especially if you experienced trauma during your service, whether in combat, from sexual assault, or from some other stressful incident and are now living with post-traumatic stress (PTSD), it is important that you are able to begin healing as soon as possible. That includes having peace of mind as you go through the process of filing a claim with VA. You have already been through enough. That is why I assembled the information in this Handbook.

While I am a licensed attorney, the information contained in this handbook also comes from my personal experiences in working with the State of Illinois Department of Veterans Affairs and county-level veterans service officers (VSOs) to file my own claims (for free, at no charge), plus my time interacting with VA administrators, nurses and doctors who provided the highest levels of care and utmost courtesy along the way. Countless veterans have asked me, Is it worth pursuing? a VA claim for a service-connected injury, and my answer is always, YES!

For me personally, VA played a key role in stabilizing my health after I returned from war and left active duty, because VAs diagnosis of my PTSD finally gave me confirmation that I wasnt having issues for no reason, but that I was experiencing the serious side effects of combat trauma that for years had gone unchecked. Moreover, VAs diagnosis was an acknowledgement by the federal government that my combat service as an infantry Marine had taken its toll. Being able to trace my symptoms to a medical issuePTSDmade all the difference in the world. The financial compensation for income lost to PTSD offered peace of mind and helped put me back on solid ground.

I share with you my experiences in the hopes that you too will be motivated to begin pursuing your benefits, or get back in the fight for treatment and recognition for your military injuries, even if you or your loved one have been previously denied. More than a decade after my own service, some of my closest veteran friends are still filing claims and appeals for their injuries, and I continue to advise and cheer them on. Justice and good health should always be a top priority.

In many ways, VA fixes what the military breaks. After all, the Department of Veterans Affairs exists solely to provide care for Americans who borne the battle while the Department of Defense (DoD) exists to fight wars and defend our nation from attack. Though criticizing VA remains popular sport online and in the media, critics and ideologues fail to understand the remarkable work that VA does in improving the lives of millions of veterans and their families every single day. The fact remains that the vast majority of veterans who receive VA care and benefits are extremely satisfied, not to mention grateful.

Whatever situation you currently find yourself in, I encourage you to start the process of applying for VA benefits as soon as possible. Make sure to do your homework and develop a sound strategy. This mission, like all missions, requires reconnaissance ( research ) and planning. When armed with the right information, the process of filing a VA claim becomes far less daunting and your chances for success improve greatly.

As you prepare, always keep in mind the 7 Ps:

Proper Prior Planning Prevents Piss Poor Performance

I assembled this handbook with straightforward information to help guide your strategy and success, and I hope you find it useful.

Semper Fidelis

Tyson Manker

U.S. Marine Corps (0341)

Iraq OIF/OEF vet.

The VA disability compensation system is not meant to be a trap for the unwary, or a stratagem to deny compensation to a veteran who has a valid claim. Coomer v. Peake , 552 F.3d 1362, 1369 (Fed. Cir. 2009)

The Department of Veterans Affairs is required to reject a disability claim if the claimant fails to put forth sufficient evidence showing that he suffered an injury or incurred a disease during service. Holton v. Shinseki , 557 F.3d 1362, 1370 (Fed. Cir. 2009)

The governments interest in veterans cases is not that it shall win, but rather that justice shall be done, that all veterans so entitled receive the benefits due to them. Barrett v. Nicholson , 466 F.3d 1038, 1044 (Fed. Cir. 2006)

In the context of veterans benefits where the system of awarding compensation is so uniquely pro-claimant, the importance of systemic fairness and the appearance of fairness carries great weight. Hodge v. West , 155 F.3d 1356, 1363 (Fed. Cir. 1998)

The contrast between ordinary civil litigation... and the system that Congress created for the adjudication of veterans benefits claims could hardly be more dramatic [the latter having] laws that place a thumb on the scale in the veterans favor. Henderson v. Shinseki , 131 S. Ct. 1197, 1205 (2011)

V A disability claims are how military veterans communicate to the Department of Veterans Affairs that they were injured during active duty service and now as a result of that injury their ability to find and keep work is hindered, or disabled. It is a relatively straightforward system, and is the focus of this VA Handbook.

VA claims are settled on the basis of evidence and law. In other words, VA claims examiners are required to review the entire record of evidence and follow the law when adjudicating individual disability claims. Veterans law includes the U.S. Code, Code of Federal Regulations, case law, and various internal VA guidelines. VA is not allowed to deviate from these established legal rules.

VA must always follow the law.

If you currently have a disabling illness or injury that stems from your active duty service and you present credible evidence of your condition and its link to your service, then you should qualify for disability benefits and receive a VA rating for your disability. Of course, this does not always happen, and veterans regularly have to appeal inaccurate ratings and erroneous denialsboth of which are covered by this handbook.