Reasons To Keep Your TSP Account (or NOT)


A long-time reader (and good friend!) writes about their financial independence:

“Is there ever an issue to keep money in the federal Thrift Savings Plan instead of moving it to a brokerage firm? I still have my military and civilian accounts at the TSP.”

As you might expect, rolling over has turned into a complicated decision. The TSP used to have the world’s largest passively-managed index funds at the world’s lowest expense ratios, yet in the last decade they haven’t kept up with the rest of the industry.

While you’re in the military, you can’t move your TSP to another account.  But when you leave the military, what should you do with your TSP?  And if you happen to have a civil-service career with a federal TSP account, then when should you move that?

Disclaimer: this is 4600 words of financial and lifestyle advice. (Yeah, long-form posts seem to be turning into my brand.) This analysis is packed with the nuances of your options, and I deliberately chose NOT to include a TL;DR summary of the pros & cons.

I recommend reading the entire post– or at least asking your financial advisor to read it.  But if you must skim, you could skip down to the Call To Action at the end.

I’ve already run a draft past an experienced paraplanner, and if I’ve overlooked an issue then I’m sure my advisor contact network will chime in with their forceful backup.

 

Financial advisors want your TSP account

Image of the seal of the Federal Retirement Thrift Investment Board of Thrift Savings Plan managers founded in 1986 | MilitaryFinancialIndependence.com

Take your time on this decision.

Before I dig into the advantages and pitfalls that you might care about, I’ll discuss the motivations of other people who are intensely focused on your TSP account: financial advisors.

It’s worth your time to consult financial advisors, especially if you’re feeling paralyzed by analysis or a lack of confidence. However the advisor’s incentives should align with yours.

Advisors (even the fiduciaries with your best interests in mind) have built their own industry around TSP rollovers. That’s a very good thing because (as we’ll describe in this post) the TSP’s features and infrastructure make it ridiculously complex to roll over “your” money.

The danger from financial advisors is that TSP accounts are still part of the nation’s largest collection of retirement assets. (As bank robber Willie Sutton might have said: “That’s where the money is.”)  Advisors can always offer more options for your assets than the TSP funds can give you, but moving a TSP account to a brokerage firm gives the advisory profession a personal motive: boosting their assets under management.

Traditional advisors who are paid for assets under management can immediately raise their income (you’re paying them!) simply by rolling over your TSP account(s) to their platform. Even worse, if they’re earning commissions or using a sketchy “fee-based” revenue model, they can grow their income ever-higher by piling on more products and services.

Advisors are supposed to base their recommendations on all of your assets (whether or not they manage them) and after considering your life priorities. Unfortunately (for them) they only get paid AUM fees for your TSP investments if you roll those assets over to their control.

The world’s best fiduciary fee-only advisors still have an ulterior motive to roll over your TSP assets. They’re not charging you for AUM or earning other commissions, but your assets on their platforms make their business look bigger. The size of their company helps them scale to a higher level of services and could enable them to negotiate better terms with service providers. Someday (possibly decades later) if your advisor decides to sell their firm (or partner with other advisors), then one of the valuation metrics is their assets under management.

Advisors may suggest a TSP rollover as “consolidation, convenience, and customer service.” It’s easier for them to track your assets and focus on tactics to boost your wealth while cutting your expenses. That’s generally a good strategy as long as it’s still in your best interests.

One way or another, advisors benefit when you roll your TSP over to your IRA. Just make sure that you get your share of the win too.

 

The TSP is falling behind the fund industry

In the last millennium there were few ways for military families to invest for financial independence. My spouse and I joined the military in the late 1970s, and and the TSP was opened to civil servants in 1987. (But not to the military!) Servicemembers finally got TSP accounts in January 2002. (I retired a few months later.) Yet my spouse and I still managed to invest for financial independence with our IRAs and taxable accounts.

Although civilian 401(k)s had employer contributions and matches way back in the late 1970s, the TSP didn’t offer matching for military families until 2018 (with the Blended Retirement System). That discussion only started in 2015 when military families campaigned the Dept of Defense (in surveys and at all-hands calls) about employer matches. I’m pretty sure DoD only got interested when retention became even more of a challenge.

The TSP’s employer match is essential… for workers. Once you leave military and civil-service employment, the matching stops and you have more options for your retirement accounts.

Roth 401(k)s were created in 2006, yet the Roth TSP didn’t roll out until 2012. (National Guard & Reserve families had to wait many more months for their Roth TSP accounts.) The TSP has had nearly a decade to implement the federal law for in-service conversions of retirement accounts. Yet I doubt the TSP will ever offer to handle converting traditional TSP accounts into the Roth TSP, so rolling a TSP account to an IRA is (still) the only choice for Roth IRA conversions.

The TSP was America’s greatest investment during the 1990s-2000s era of mutual funds with front-loaded sales charges and 1.5%(!) expense ratios. Unfortunately since those bad ol’ days the TSP hasn’t kept up with the industry, especially compared to Vanguard & Fidelity expense ratios.

Then there’s the TSP’s 2022 software “update” with its ensuing chaos. In my opinion, the TSP’s program management (and contractor execution) demonstrated inexperience and incompetence bordering on criminal negligence.

After you’ve separated from the military or the federal civil service, nobody needs that “upgrade risk” hovering over their TSP accounts— let alone inadvertently deleting their beneficiary designations.

Before we abandon the TSP, let’s review a few reasons to keep a TSP account.

 

Federal protection with the TSP

Legally, the TSP offers more federal protections than most states for bankruptcy, liability, litigation, and divorce. Your assets might be safer from those risks in the TSP than in your IRA. Surgeons, architects, and civil engineers can appreciate the potential shield from malpractice or civil lawsuits. If you’re sued as a landlord (especially by a tenant’s health insurer) over injuries from falling tree limbs, then the TSP could offer more federal litigation protections than a state’s IRA laws.

Of course there’s liability insurance for landlords, too, and you might not need to care about the TSP’s federal protection. Check your state law (and consult a lawyer or a financial advisor) to confirm how the risks affect you, your occupation, and your family.

Next let’s look at the money.

 

Five financial benefits of the TSP

First there’s the G fund.

Image of the Thrift Savings Plans funds G, F, C, S, and I. The text only discusses the G and I funds. | MilitaryFinancialIndependence.com

Maybe keep your G and I funds? Or not.

Long-term government securities might seem like a great place to park your cash that you’ll spend in the next year or two.  (There’s zero risk of principal loss.)   The G fund also seems a lot easier to manage than a TreasuryDirect account or Treasuries in your brokerage account. (The G fund was especially popular during the last two decades of record-low interest rates.) However CDs and high-yield savings accounts are currently paying… higher yields.

For your first decade of financial independence, the G fund can help new retirees avoid sequence of returns risk as they draw down their assets.

Keeping an asset allocation of two years’ expenses in the G fund might be all the reassurance you need for coping with bear markets or recessions. After a decade of retirement, though, almost everyone is past the sequence of returns risk for at least the following 20 years (probably longer).

Once your pension or Social Security deposits begin, then the G fund’s cash stash is no longer financially necessary. Emotionally (as documented by behavioral financial psychology) you might still care about the G fund for sleeping comfortably at night.

Your asset allocation preferences can change during your decades of retirement, and you could hedge your choice to use the G fund. Even if you decide to roll your TSP over to your IRA, you might still want to keep a few hundred bucks in the TSP (for their minimum-balance requirements) in the G fund.

Second, there’s the I fund.

Continuing the discussion of asset allocation: if yours includes international equities then the TSP’s I fund may still have a lower expense ratio than most other international index funds. Unfortunately the expense ratios of the TSP’s other funds are no longer competitive with Fidelity, Vanguard, or Schwab, but the I fund still has an edge… for now.

If you decide to buy the I fund, be aware that holding international equities in a retirement account means you can’t take the foreign income tax credit. My spouse and I are still lugging forward a $998 credit from seven years ago (when we shed our last international equity fund in a taxable account) and that credit is only good for 10 years.

A third financial benefit is a TSP annuity.

This might be a great idea for vets who didn’t stay long enough to vest in a military pension or to pay the price for VA disability compensation. Every retiree needs a little annuity income to hedge against longevity risk, even if it’s “just” Social Security.

Perhaps the TSP contract managers (Blackrock and State Street Global Advisors) get a better price on buying annuities in bulk, although I’ve not yet been able to confirm this. If you think a single-premium immediate annuity is a good idea for your retirement asset allocation, then check the TSP’s pricing along with the giants of Berkshire Hathaway, Vanguard, Fidelity, and Schwab.

Fourth, there’s the backdoor Roth IRA tactic.

An employer’s traditional retirement account sets up a backdoor Roth IRA. (If your eyeballs are glazing over, please stick with me for a few paragraphs and I’ll link a video.) Military vets with high civilian incomes (from bridge careers after active duty) can blow through the earned-income limits and get locked out of contributing directly to a Roth IRA. Their traditional TSP account lets them work around the limits.

It’s not just the employee, but also their spouse. “High earned income” in 2024 starts phasing out Roth IRA contributions at $161K/year for single filers and $228K/year for married filing jointly.

If you’re the spouse of a high earner, this could also affect your contributions to your spouse Roth IRA.

The first step for a backdoor Roth IRA contribution is emptying out your traditional IRA account by rolling over its assets to an employer retirement account. Your traditional TSP (or just about any ol’ traditional 401(k)) can take a rollover from your traditional IRA. Emptying your traditional IRA means that you’ll no longer have any tax-deferred contributions (let alone taxable gains) in it.

Traditional IRAs don’t have earned-income limits on contribution eligibility. Once your traditional IRA is empty then you make that year’s lump-sum non-deductible contribution from your high earned income. Shortly after the contribution has settled in the account, you do a Roth IRA conversion from that account. The contribution wasn’t deductible (it’s already been taxed before the contribution and is not taxed by the conversion) and the traditional IRA probably didn’t have any gains in that short period, so the Roth IRA conversion costs minimal (or zero) income taxes.

Caution:
I’ve glossed over a few esoteric details of backdoor Roth IRAs, and timing is critical. If you expect to reach those earned income limits then check your plans with your financial advisor or a CPA. They might be a tad twitchy about the IRS’s step transaction doctrine, although it seems to be rarely inflicted on backdoor Roth IRAs.  For us mortal humans, Michael Kitces has translated this reference into plain English.

Of course when your corporate salary is that high, then a backdoor Roth IRA tactic is tinkering at the margins. Maybe it’s just simpler to contribute to a taxable investment account. My friend Rob Berger can talk you through the process in this video and help you decide if it’s worth the hassle.

Fifth and finally, there’s the Rule of 55.

This benefit is only offered to those who separate from the military, or retire from active duty, or retire awaiting pay (from the Guard/Reserves) “during or after the year at which you reach age 55 or later.”

Yeah, you have to still be in uniform during the year in which you reach age 55.  Very few servicemembers will be sticking around for this benefit, but it’s in the tax code.  This is far more common in the Guard/Reserves, or with people who joined the military later in life, or for servicemembers with broken service.

It’s an IRS exception to the early-withdrawal penalty of retirement accounts for

“Distributions made to you after you separated from service with your employer after attainment of age 55.”

Keep in mind that the Rule of 55 withdrawals can only be made from a TSP account, not from an IRA.  Withdrawals are penalty-free, however withdrawals from a traditional TSP account might also be subject to a 20% withholding rate for income taxes.  If this 20% is withheld then you might get some or all of it back when you file your next income-tax return.

We’re finally finished with the reasons you might want to keep your TSP account.

 

Why you might want to ditch the TSP

Still with me? None of those considerations are keeping you in the TSP? Then let’s roll… over to an IRA.

Here’s the first and most important reason to leave the TSP as soon as you separate from the military and the civil service: your beneficiary designation.

As my spouse and I get older, our life planning has shifted from financial independence to legacy, estate taxes, and beneficiaries.

I’m alarmed by what I’ve read about the treatment of TSP beneficiaries. Frankly, the TSP makes life hard on your beneficiaries— and it’s hardest during the most vulnerable days after your death.

WARNING: Before you read any further, please check that the TSP’s 2022 software update has not “accidentally” deleted your previous beneficiary designations. Make doubly sure that these beneficiaries are the people you want to receive your money!

Image of legal office with book on Probate Law and judge's wood gavel for probating the estate of a deceased TSP account owner. | MilitaryFinancialIndependence.com

Use a beneficiary designation, not probate.

Here’s the TSP’s policy: your surviving spouse is probably not eligible to have a TSP account, let alone any of your other beneficiaries. The TSP has dealt with their eligibility problem by making it your beneficiary’s problem.

If your beneficiary designation is 100% to your spouse, the TSP sets up a Beneficiary Participant Account.  Right in that link, on a red background, is this text:

“You cannot make contributions to, borrow from, or roll over money to your beneficiary participant account.”

On another part of the TSP’s website:

“Spouse beneficiaries can keep their balance in their TSP beneficiary participant account.”

If your spouse has read the first 1800 words of this post, they probably already share those concerns. With the TSP’s additional restrictions on beneficiaries, would they still want a TSP beneficiary account? Here’s a handy 20-page PDF for them to consider their options.

The TSP is even worse for non-spouse beneficiaries. Here’s the verbiage from the TSP’s site:

“Non-spouse Beneficiary. A beneficiary who is not a surviving spouse cannot retain a TSP account. We will establish a temporary TSP account for the non-spouse beneficiary. Payment from this account will be made directly to a non-spouse beneficiary or to an inherited IRA.”

Your non-spouse beneficiary has to move quickly, too… along with everything else that your loved ones have to accomplish after your death:

“Non-spouse beneficiaries have 90 days to request payment from their temporary TSP account. If a non-spouse beneficiary does not initiate payment within 90 days, we will automatically send the payment on the 90th day or the next business day.
Beneficiaries must first be identified and located, their Social Security numbers (or Employer Identification Numbers for estates or trusts) must be obtained and verified, and their addresses and dates of birth must be confirmed.”

All of the beneficiaries of your TSP account (spouse or others) have a second beneficiary’s clock that starts ticking as soon as you pass away:

“If a beneficiary participant dies, the new beneficiary(ies) cannot continue to maintain the account in the TSP. Also, the death benefit payment cannot be rolled over into any type of IRA or plan.”

If your beneficiaries won’t want a TSP account after you’re gone, then maybe it makes sense to roll out of the TSP now (before you die) and save your heirs the additional financial bureaucratic hassle.

Bottom line for beneficiaries:
The TSP’s beneficiary rules make IRA beneficiary requirements look a lot easier. If the TSP is inflicting their malicious compliance with inheritance law to drive your beneficiaries out of the TSP, then maybe you want to roll the TSP over to your IRA now. You can designate your beneficiaries with your IRA custodian and save everyone even more (literal) financial grief from the TSP.

Let’s move on to other reasons to leave the TSP– while you’re still alive.

The second reason to roll over your TSP account: Roth IRA conversions.

If you’ve decided to do a Roth IRA conversion (a topic for an entirely separate post, just as soon as I write more than this comment response) then eventually you’re going to move money from your traditional TSP through your traditional IRA and into your Roth IRA.

The big question is whether you roll from your traditional TSP to your traditional IRA all in one transaction (and then do smaller annual Roth IRA conversions) or whether you roll over your traditional TSP to your traditional IRA in a series of smaller annual transactions.

Image of the old Thrift Savings Plan video for using the TSP Wizard to help create a withdrawal request from the TSP. The narrator emphasizes that there are no do-overs. | MilitaryFinancialIndependence.com

“Once You’re Gone, You’re Gone.”

How many times do you want to use the TSP’s website to request your rollovers?

Fortunately the TSP has greatly streamlined their bureaucracy of the rollover process. You can even obtain your spouse’s rollover permission through Docusign (instead of using a human notary). Since you’re rolling over your traditional TSP to your traditional IRA without any of the funds actually touching your hands, you do not have to withhold income taxes from the rollover.

Let me re-emphasize two points from earlier in this post:
– The TSP does not offer a conversion directly from a traditional TSP to a Roth TSP, not even after leaving the military.
– If you’re a high-earning veteran who wants to do a backdoor Roth IRA contribution, this is best done with an empty traditional IRA account. That could be emptied by rolling it back into the traditional TSP.

Personally, unless you think you’ll want to do a backdoor Roth IRA or otherwise leave some money in the TSP’s G or I funds, I’d roll over your entire TSP to your IRA in one transaction. Once you’re free of the TSP (and free of any “upgrade” risks to the TSP’s software or website), you can continue with your Roth IRA conversion plans on your own schedule.

By the way, if you’ve contributed to your military TSP (traditional or Roth) from Combat Zone Tax-Exempt pay, then keep reading for more advice on handling this edge case.

The third reason to roll over your TSP account: tapping your TSP funds early.  These are much more than Roth IRA conversion ladders.  These are methods to access your TSP contributions from Combat Zone Tax-Exempt pay, or to tap your Roth TSP contributions with no taxes or penalties.

I’d only withdraw your funds before age 59.5 if you urgently need the money. If you yank these contributions early from your TSP (or your IRA) then you’re cannibalizing the compounding for your retirement. If you’re facing a large expense (or a long layoff) then you’ll also need to wait for a few weeks for the TSP or your IRA custodian to accomplish this financial engineering.

Maybe there’s a better way to cover your unexpected expenses: consider withdrawing some of your Roth IRA contributions (tax-free and penalty-free) before you touch your TSP funds.

Caution:  These TSP-tapping techniques are advanced tactics, and they’re not for everyone. If you have any questions or concerns about the best way to handle this then consult a CFP, ChFC, CPA, or AFC. I strongly recommend one of the members of the Military Financial Advisors Association.  They’ll probably answer your questions for free, and they’ll help you do the transaction on a fee-only basis.

Tapping your traditional TSP contributions from your CZTE pay is relatively straightforward: (1) roll your traditional TSP over to your traditional IRA, while (2) specifying on the request to the TSP and to your IRA custodian that you do NOT want the tax-exempt balances to be accepted in your traditional IRA. Instead you want to receive the CZTE pay contributions directly, either as a paper check or by an online transfer into your personal checking account.

Finally, you’ll send that paper check (or transfer the money from your checking account) straight over to your Roth IRA custodian with instructions to deposit it as a rollover into your Roth IRA (not as a contribution). You have up to 60 days to complete this transaction, but do it right away in case your Roth IRA custodian has more questions.

Of course you could choose to spend the CZTE contributions. (They’re tax-exempt, so there’s no penalties or taxes.) Unless you urgently need the money (medical debt or high-interest loans) then I recommend depositing it into your Roth IRA to compound for your retirement.

The TSP knows how much CZTE pay you’ve contributed (it’s on your TSP account statements), and they might even pass those numbers to your IRA custodian. (Please save copies of all your LESs with CZTE pay… for the rest of your life… and for your heirs.) You’re still on your own for making sure that the IRA custodian uses the correct IRS Form 1099-R withdrawal codes for your tax returns. Refer to my earlier recommendation to consult a financial advisor.

Tapping your Roth TSP contributions is slightly more complicated. In this maneuver you roll your Roth TSP over to your Roth IRA. (That’s the easy part.) If you have already had a Roth IRA (any ol’ Roth IRA) for at least five tax years, then after you roll over your Roth TSP you can withdraw the amount of the contributions you made to the Roth TSP (but not the Roth TSP’s gains!) from your Roth IRA, tax-free and penalty-free.

Again, you’re responsible for making sure that your Roth IRA custodian understands what you’re doing and uses the correct 1099-R codes. In addition, they’re probably going to tell you that they’re withdrawing your other Roth IRA contributions first, not your Roth TSP contributions. That’s the default assumption the IRS uses for Roth IRA withdrawals.

Here’s the fourth (and last) reason to roll over a TSP to your IRA: Qualified Charitable Distributions.

This is totally a first-world problem of philanthropy planning for wealthy retirees.

Briefly, if you’re required to take Required Minimum Distributions from a traditional IRA, you can designate up to $100K of the RMD as a QCD. (The IRS raises the annual QCD limit with inflation, just like they do with IRA contributions.) Instead of paying taxes on that $100K (at your personal income-tax rates) you send the money straight to the charity. You “lose” $100K– but if you were planning to give away that much money in the first place, then you’ve at least avoided some income taxes.

Here’s a pro tip that I’ve learned from the Millionaire Money Mentors forum:  QCDs are especially important if you (or your spouse) have high earned income after you leave the military. Roth IRA conversions only make sense when you have an opportunity to do smaller annual conversions in years of lower income-tax brackets. If you leave the military with a large traditional TSP (perhaps with DoD’s matching contributions from the Blended Retirement System) or a large traditional IRA balance, and move on to a high-paying bridge career, then good for you! You’re winning at financial independence, but those tax time bombs will keep ticking while you’re earning even more income.

Exponential compounding in traditional retirement accounts can work its magic for years without you noticing.  Compounding looks linear until it turns the corner and goes hyperbolic. If that happens in your 60s or even your 50s then you’ll have less time to accomplish a substantial Roth IRA conversion.

When you save & invest for financial independence then you’ll almost certainly have more than enough money for the rest of your life. You can spend it, gift it, bequeath it, or donate it to charity– but if you don’t think ahead then you’ll surrender some of it to the U.S. Treasury on your income-tax returns.

Do the math, learn the rules, and plan ahead.

 

Call To Action: “What Would Nords Do?”

As Charles Barkley said, “I’m not paid to be a role model”— but I have a lot of experience.
When my spouse and I separated from the military, the following year we started converting our TSP accounts (and our traditional IRAs) to Roth IRAs.

We did this primarily because we could see that our pensions and our investment compounding would drive us into higher income-tax brackets in our 60s. It took us 16 years of small annual incremental conversions to accomplish this task in a tax-efficient manner.

In my personal opinion, the TSP is a great military plan for matching contributions.

However the TSP is much less useful after the military. Like almost all 401(k) plans, there’s rarely a reason to keep it after you leave your employer– and lots of reasons to roll it over to your IRA.

Personally, I would only keep a TSP account after the military or civil service if I was:

    • in an occupation or a lifestyle with high risks of liability, litigation, bankruptcy, or divorce– and if my state’s IRA laws had weaker protections than the TSP’s federal law, or
    • earning a very high civilian salary and wanted to do a backdoor Roth IRA contribution, or
    • highly enamored of the TSP’s G or I funds, or
    • strongly attracted to the idea of a TSP annuity, or
    • expecting to separate or retire from the military at age 55.

I’d also review each of those choices with a fiduciary fee-only financial advisor, while keeping in mind that their incentives need to be aligned with yours while they’re boosting their assets under management.

Can you think of another edge case? Post a comment, or use the “Contact me” form, or e-mail NordsNords at Gmail.

 

(There are no affiliate links or paid ads in this post.  Try your military base library or local public library before you pay money for these books– in any format.)

 

Military Financial Independence on Amazon:

The Military Guide cover
  • Reach your own financial independence
  • Retire on your terms
  • Success stories and personal checklists
  • Royalties donated to military charities

Use this link to order from Amazon.com!

Raising Your Money-Savvy Family on Amazon:

The Money-Savvy Family cover
  • Reach your own financial independence
  • Teach your kids how to manage their money
  • Specific tactics from my adult daughter
  • Checklists and spreadsheets for your family

Use this link to order from Amazon.com!

 

Related articles:
What To Do With TSP When You Leave The Military
“Should I Invest In The Thrift Savings Plan Or In Taxable Accounts?”
Understanding Tax Exempt Contributions and Withdrawals to the TSP
Early Withdrawals From Your TSP and IRA After The Military
Should You Rollover Your TSP Account Into an IRA? Pros and Cons of Transferring Your TSP
Podcast:  “Should I Rollover My TSP Account For Slightly Lower Expense Ratios?”
(scroll to ~4:15 for the TSP question.)
Maximizing Your TSP Contributions In A Combat Zone
TSP News Release:  Updating The I Fund Benchmark Index

Posted in Financial Independence, Investing & TSP, Military Retirement, Money Management & Personal Finance | Leave a comment

What Happens After Your VA Disability Claim Has Been Approved


The Veterans Administration approved my “fully developed” disability claim– in less than three months of processing.

This post stands by itself, but I’m going to skip the beginning of the story. If you want to read the earlier posts in this series then you can click on these links to learn why you should file your VA disability claim, then what happens when you file your claim, and finally what the VA really does with your claim.

(Note: this post was originally published in 2016 and eventually consolidated with other posts on TheMilitaryWallet. I’m re-publishing the 2016 version here, updating it for the PACT Act and my eight more years of personal experience.)

I’ve been retired since 2002, but I didn’t appreciate that I had service-connected injuries documented in my medical record. After I retired I knew enough to register with our local VA medical center, because that’s one way they get their fair share of funding for their local vets. I only qualified for the VA’s lowest priority, and instead, for the last 14 years, I’ve happily used a local civilian clinic for my healthcare.

Those injuries eventually caught up with me, of course, and life administered a few other lessons to convince me to file my claim. By then my years of benefits negligence had turned a relatively straightforward part of military retirement into a gnarly research project. I learned that many veterans are reluctant to file a VA disability claim, and it was time for me to slog through all that reconstruction while I was still capable of doing itinstead of the default of dumping it on my family.

I was also fortunate enough to find an outstanding Veteran Services Officer on the first try. If you’re on Oahu then I strongly recommend consulting with Mr. Ryan Burgos in the Disabled American Veterans VSO office at Tripler Army Medical Center. (2024 update:  or Mr. Charles Hall in that office.  I’d also consider contacting the VSO office at the new Akaka VA clinic in Kapolei.)  He patiently answered all of my ignorant questions and helped me figure out what parts of the process applied to me. After I’d done my homework to gather all the records for a fully-developed claim (so that the VA didn’t have to), he quickly entered the data with the right format and vocabulary. Better yet:  he explained how I should prepare for the compensation & pension exams, and he tracked the claim’s progress through the VA bureaucracy.

He kept me safe on the claims path so that I didn’t tap-dance through acres of VA minefields. He’s the real reason that the VA was able to recognize the correct answers when they received the evidence, and his advice is why it only took the VA three months to approve the claim.

 

My VA Disability Rating

The Veterans Administration considers that I’m “30% disabled.”  But what does that really mean, and what benefits does that entitle me to use?

Image of Navy Federal Credit Union deposit notification from Veterans Administration for disability compensation | MilitaryFinancialIndependence.com

NFCU’s deposit notification

(2024 note:  the VA disability rating does not mean that you get to use disabled parking spaces.  [You’d have to apply separately in your city or state for that.]  The VA simply considers you to be impaired by your military service in your future ability to provide for your family.)

My knees are the worst of my disability ratings. 10% was assigned to each knee for cartilage damage, torn ligaments, and pain (osteoarthritis). To get a higher rating I would’ve needed to have two joints affected in each leg, or “occasional incapacitation”, or “15-19 degrees of extension limitation”.  After searching through that link for the “knee” keyword and reading what it takes to get to a rating of 20%, I’m happy with 10%.

The VA rating system uses a bilateral bonus factor which combines the two knee disability ratings to a total of 21%. (Technically that’s 20.9% and then rounded up.  Military veteran Ryan Guina has an excellent description of the bilateral factor on his blog The Military Wallet.)

Another 10% disability rating was assigned for tinnitus. There’s no diagnostic exam or bilateral rating for that condition (although it rings differently in each ear!) and 10% is as high as permitted. This disability condition must be extremely common among veterans who’ve been in a hearing-protection environment.

I received no disability rating for hearing loss– yet. Hearing has to degrade greater than 40 db in a frequency, or else the ears can only detect sounds of at least 26 db, or with a speech recognition accuracy of less than 94%. I’m sure my spouse and daughter are thrilled to learn that my hearing loss is only 30-35 db for the higher-pitched 4-8 kHz frequencies of their voices, and that I’m hearing them with 96% accuracy. I don’t want to experience what it takes to get a disability rating for hearing loss, but I suspect that I’ll update this part of the claim in 5-10 years.

(2024 update:  I’m sorry to report that I nailed this forecast.  My left ear crossed the 40db line on my last audiogram.  After a little more medical testing on why my left ear could be losing its acuity faster than the right, I’m now sporting a pair of Phonak hearing aids under the VA’s “assistive tech” program.  The good news is that they make up for a lot of what I’ve lost.  Their Bluetooth feature also means I no longer need to wear headphones for recording podcasts– yay?  I’ll update my audiogram in 2025.)

I received a 0% disability rating for my claim of allergic rhinitis. I’m controlling it with an antihistamine and my nose isn’t obstructed enough. Again, nobody wants to be a member of the rhinitis disability rating club.

(2024 update:  I’ve updated this rating, as well as adding chronic sinusitis.  I’m still at 0% but the trend has been discouraging.  That’s a topic for another post.)

Using the VA compensation tables with 21% for both knees and 10% for the tinnitus gives a combined rating of 29%, which is rounded up to… 30%.

 

My VA Disability Compensation

None of my disability rating is related to combat (or combat training, or an “instrumentality of war”) so I’m not eligible for combat-related special compensation.

That rating is also far below the 50% threshold for concurrent receipt of both my pension and the disability benefits.

Under federal law, a VA disability rating of less than 50% means that military retirees have a choice of receiving the full amount of their military pension or having part of the pension offset by VA compensation. A military pension is fully taxable under federal law (and in some states) but VA compensation is tax-free, so I elected to give up part of my pension.

(2024 update:  Yes, many veterans support organizations and members of Congress want to amend the law and eliminate the offset.  This is a substantial expense in federal spending and the legislative proposals have not passed yet.  I’m not holding my breath.)

In 2016 the compensation amount for a veteran with a 30% rating, a spouse, and no dependent children is $455.75/month. Although my spouse is also a military retiree, that does not affect the amount of the compensation. Our daughter is an adult college graduate with her own Navy career so she no longer counts as our dependent.

(2024 update:  here’s an important point for you dual-military veteran couples.  Even when your spouse is a vet, if you meet the criteria for disability compensation to a spouse [a VA disability rating of at least 30%] then you’re still eligible to receive the dependent spouse rate.  If your vet spouse also has a VA disability rating of at least 30% then you’re still both eligible for the dependent spouse rate.)

Here’s the dual-military words from the VA website:

“What if my spouse is also a veteran with a combined disability rating of at least 30%? Can we both receive additional disability compensation for each other and for our children?”

“If you and your spouse are both Veterans with a combined disability rating of at least 30%, you can both receive additional disability compensation for each other and for your children.”

When I filed my fully-developed claim, I set up my VA eBenefits account.  (2024 update:  it’s now VA.gov, and I’m using my Login.gov credentials at the VA’s website as well as with other government sites like Global Entry.)  The site lets me track the status of my VA claim and see what other information the VA still needs.

More importantly, I used that site to enter my financial account data for depositing the disability compensation. When the VA completed my claim and established my disability rating, they immediately set up the electronic funds transfer. Less than a week after I received the notification letter from the VA, the Defense Finance & Accounting Service also notified me that my pension would be reduced by that amount.

Happily, the timing worked out. This month I received a deposit of $455.75 from the VA, and DFAS reduced my pension deposit from $3,566 to $3,110.25. My income didn’t change but my taxable income dropped and my income taxes will drop a little.

I submitted my fully-developed VA claim in February 2016 and the first compensation deposit arrived in June. However, the compensation effectively started in February. The VA and DFAS will sort out that accounting between their systems, and next year I’ll receive an IRS Form 1099-R that (hopefully) shows my taxable pension income is roughly $4,891 lower.

(2024 update:  Yep, the 1099-Rs have all shown lower taxable income.  VA disability compensation is untaxed, and there’s not even a form reporting it to the IRS.  The compensation can rise each year with the same cost-of-living adjustment as Social Security and military pensions, so it mostly keeps up with the CPI.  Unlike the COLA for the other inflation-adjusted annuities, Congress still has to vote on the annual raises for VA disability compensation and usually agrees on the same COLA.  In 2024 my $4581/month pension is offset by $586.31 of VA disability compensation.)

The net effect of the monthly $455.75 tax-free compensation and the offset of my pension means that in my income-tax bracket I’m effectively saving $114/month in federal taxes. Hawaii doesn’t tax military pensions so that’s the only financial change.

 

What I’m Doing with the Compensation

$114/month may not seem like much for all of the effort that goes into preparing and filing a VA claim. However, over the next 30 years of my life that could compound at 5% APY to nearly $100K in today’s dollars, and the inflation adjustment means that in 30 years it’ll have the same buying power.

This is the classic case of “found money”, so every month I’m transferring $114 to a personal brokerage account. I’ll invest it aggressively in small-cap value stocks and international dividend-paying stocks. 5% APY should be a reasonable (yet volatile) compounding target.

(2024 update:  My spouse started her Reserve pension in 2022.  Today our excess pensions & VA disability compensation go to gifting & philanthropy– for giving while we’re living.)

Both my father and his father developed dementia later in life.  My Dad has dealt with Alzheimer’s for eight years and my grandfather lived with dementia for nearly two decades. I’m in my 50s, which is the typical age at which people start pricing long-term care insurance policies. In my experience the claims process is horrible and long-term care insurance policies are not financially sustainable. Instead of buying long-term care insurance, this money will supplement our self-insurance fund.

(2024 update:  My father passed away from Alzheimer’s complications in 2017.  As I approach my 64th birthday, my spouse and I are still self-insuring for long-term care.)

If I ever use another VA home loan, the mortgage’s funding fee will be waived. It took me over a decade to understand that I should file my disability claim, and we refinanced our mortgage several times during those years. I might have missed out on thousands of dollars of cheaper financing.

 

Correcting the Errors in My VA Disability Award

The eBenefits VA.gov account also displays my family data. When I filed my claim at the DAV VSO’s office we completed a dependent verification form with my spouse’s name, date of birth, and Social Security number.

To my chagrin, someone mangled my spouse’s information: the account showed the wrong birthdate and a missing letter in our last name.

Luckily, her Social Security number is correct so there was still a valid link to the DEERS dependent eligibility database. However, I could easily imagine that an audit (months or even years later) would somehow decide that the database entry was invalid. Not only would that reduce my compensation, but the VA might try to recoup the earlier payments.

Luckily the solution was straightforward: I filled out the VA form to resubmit the information for my spouse. I sent that with a cover letter to the VSO who put it back into the system. A month later the data on eBenefits is still wrong, but the site also shows that the information has been received. I’ll be able to see the update when it’s been processed.

(2024 update:  the error was corrected two months later, and we’ve never had another issue with my account or my disability compensation.)

 

What’s Next?

From everything I’ve read, this claim was approved very quickly. Part of that might have been using the “fully developed claim” process. Another part of it is all the advice I got from the VSO and the prep work that we did before filing the claim. (We’d already decided what was worth claiming and what was not.) And finally, part of it might be due to filing a claim at a slower time of year.

My last step in the claim process (I hope) will be requesting a copy of the file: my “C-file”. Eventually, I’ll receive a copy of everything the VA has in my file, and if there are any other errors then I can correct or appeal them. Most importantly, if the VA happens to lose any of my records then I’ll be able to provide a copy from my digital archive.

Regrettably, another reason for filing this claim is to establish a disability baseline. Eventually, my knees (or my hips or my ankles) are going to get those joints into the 20% disability rating. My hearing might continue its decline (despite my rigorous use of hearing protection) and raise that disability rating. The “good” news is that I’ve already done the hard work of filing the claim, and if my physical condition deteriorates then it’s easier to update the existing claim with the new information.

(2024 update:  It took nearly a year after I filed the request, but I have my C-file.  I used it this year to update my VA disability claim, a discussion for another post.)

Finally, treating the disability condition is an important factor of a claim. (Otherwise, the VA doctor might consider the problem “cured” and no longer disabling.) I can’t magically rebuild my knee cartilage but I’ve recently completed six weeks of physical therapy. I’ve learned better ways to use the muscles around the joints when I walk, stand, and climb steps. I’m using a stability ball and a foam roller to practice new skills and to treat the inevitable soreness.

 

LESSONS LEARNED:

• Start your VA disability claim while you’re leaving active duty.
• Use a VSO. (It’s free!) If necessary, have a spouse or friend accompany you every time you talk to the VSO or the doctor. Ask questions, take notes, and even (with their permission) record the discussions.
• If possible, use the fully-developed claim process. Track down all of the records yourself so that you don’t have to wait on the VA. Read and understand the disability benefits questionnaires so that you know what you should claim and what isn’t considered a disabling condition.
• Show up for the VA doctor’s compensation & pension exams. Take leave if necessary. Make it easy for them to understand and document your symptoms.
• Use your VA.gov account as much as possible. Paper applications take longer to process and might not be routed correctly.
• If you have tinnitus symptoms then claim it.  This might be a precursor to further hearing loss.
• Most importantly, continue your treatment for your disability condition.

 

(There are no affiliate links or paid ads in this post.  Try your military base library or local public library before you pay money for these books– in any format.)

 

 

Military Financial Independence on Amazon:

The Military Guide cover
  • Reach your own financial independence
  • Retire on your terms
  • Success stories and personal checklists
  • Royalties donated to military charities

Use this link to order from Amazon.com!

Raising Your Money-Savvy Family on Amazon:

The Money-Savvy Family cover
  • Reach your own financial independence
  • Teach your kids how to manage their money
  • Specific tactics from my adult daughter
  • Checklists and spreadsheets for your family

Use this link to order from Amazon.com!

 

Related articles:
Part 1:  Why You File Your Veterans Disability Claim (Not Just How)
Part 2:  What Happens When (Not Just How) You File Your VA Disability Claim
Part 3:  What The VA Really Does With Your Disability Claim

Posted in Career, Military and Veterans Benefits, Military Retirement, Money Management & Personal Finance | Leave a comment

What The VA Really Does With Your Disability Claim


This is the final part of a three-post series on why you want to file a VA disability claim (even if you think you’re not disabled) and what goes on behind the scenes.

The first post explained why you want to file your disability claim, not just how to file it.  The second post explained why you should prepare as much of your claim as possible up front as a “fully developed” package and described various techniques to handle the Compensation & Pension exams.

Now we’ll wrap it up with the VA’s actions and your final decisions.

(Note: this post was originally published in 2016 and eventually consolidated with other posts on TheMilitaryWallet. I’m re-publishing the 2016 version, updating it for the PACT Act and my eight more years of personal experience.)

 

After the C&P exam

Image of the logo of the Veterans Administration with a link to VA.gov | MilitaryFinancialIndependence.com

Click here for your account.

When you leave the doctor’s office, you still have homework to finish.

The most important task is taking notes on anything you heard or thought of during the exam that you need to research later. Your hot washup (and the actions you take afterward) might help you avoid weeks of confusion which could slow down your claim or even cause a denial. When you’re back home, review any recordings or other thoughts and add your notes to your personal record of your VA claim. If a problem crops up later, this reference will help you keep track of the chronology and maybe even identify mistakes.

Pro tip: the C&P doctor is not treating you, but they may suggest other treatments or physical therapy. Follow up on those suggestions– they may help improve your health!  (In addition, the doctor might even be hinting that seeking treatment will document a continuing need for it that will help confirm the validity of your claim.)  If you seek additional treatment or physical therapy, upload those records to your VA.gov account so the VA can see that you’re still seeking treatment for the disabilities that you’re claiming.

Save all of your papers from the C&P exams, including the notification letter for your appointment. If the VA has questions (or if your claim is denied) then you (or your lawyer) may need to follow up with the doctor. The VA will also send you a feedback survey which asks for the name of your doctor. If the doc did a great job (or if you felt there were issues) then that survey is the best place to let the VA know.

The VA can’t use your feedback survey to evaluate your claim, but answering the survey questions will help you review your records again. If the C&P doctor isn’t doing a good job for the VA, then your frank feedback could avoid problems for many other vets. Besides, if you skip out on the surveys then the VA’s website might decide that your account is incomplete.

 

What happens next?

Once the C&P exam is returned to the VA, their raters translate the doctor’s ICD codes and analysis into specific disability percentages. That process is completely out of your control, and most of it is also difficult to reverse engineer from a search engine. (We’ll get back to that in a few paragraphs.)  After the raters determine the numerical value of each disability, they’ll calculate an overall disability rating.

Disability math is equally confusing, and it’s an entire other post. Thankfully I won’t have to create it because my blogger mentor Ryan Guina has already written an excellent summary of the math of a VA disability rating. You can also listen to his podcast about determining how the individual disability ratings are combined into a final score.

Once your rating has been determined, the VA figures out your compensation.

Here’s another rookie mistake:  for many years, I naïvely assumed that the disability rating for retirees was multiplied by your pension to figure out how much you’d be giving up for tax-free compensation. This gross conceptual error kept me blissfully ignorant of why I needed to file a claim right away. After all, if I was “only” 10% disabled and that saved me taxes in the 15% bracket, then I was just saving 10% x 15% = 1.5% of my pension, right?

Um, no. Not only is this <buzzer> wrong wrong wrongthe first post of this series listed several other very compelling reasons to file your claim. Learn from my mistakes.

The VA rater enters a set of compensation tables with your rating, as well as your marital & family status. (Remember giving them a copy of your marriage license and your kids’ birth certificates?) The veterans compensation benefits rate tables show exactly how many dollars you’ll receive, or how much of your pension you may be giving up. If you’ve entered your financial account numbers into your VA.gov account then the VA is ready to send you money.

 

Show me the money?

If you’re a military veteran yet not a military retiree, then your VA money is headed your way. Remember that you’re also potentially eligible for a host of other veteran’s benefits from vocational rehabilitation to medical care to education to reduced fees on VA loans.

But by now a few of you retirees are thinking “Wait, what? Giving up pension?!?” Well, yeah. It’s the VA disability compensation offset.

Your military pension is paid by the DoD but your disability compensation is paid by the VA. Even though you have a disability rating, the law says that if you’re rated at less than 50% then all you get is a tax break. You give up a dollar of your (taxable) DoD pension for every dollar of (tax-free) VA disability compensation that you receive. This reduces your taxable income (and your tax bill) without actually creating a new stream of income.

2024 pro tip:  I get a lot of questions about tax forms.  If your military pension is offset by VA disability compensation, then your retiree IRS Form 1099-R simply shows a smaller number for the taxable amount of your pension.  You never get a tax form about VA disability compensation, and there’s not even a code about it on your 1099-R.  The VA never tells the IRS that you’re receiving VA disability compensation.

However, if you’re rated at 50% or more, then you’ll keep both your pension and your VA compensation. Read Ryan’s post on Concurrent Retirement and Disability Pay for the details.

If you’re at least 10% disabled and it’s connected to combat (or training for combat, or hazardous duty, or an “instrumentality of war” that injured you instead of the enemy) then you may be eligible for the Combat Related Special Compensation program. That might completely eliminate the VA disability compensation offset, or it might only reduce it a little. The requirements are complex and confusing, but read about the details in Ryan’s CRSC post.

If you believe that you’re eligible for either CRDP or CRSC, then contact your VSO to work it out with the VA and DFAS. (Sorry about the acronym jargon bingo.)  You may need to apply with both the VA and the Defense Finance and Accounting Service because they’re separate programs with different verification requirements.

You may also be eligible for backdated compensation. Those details are far beyond the scope of these posts and they have highly individual answers, so read Ryan’s posts at TheMilitaryWallet and contact one of us if you have questions.

 

Just a few more things.

When your claim is finished, the VA archives all of their work in their claims file (also known as a “C-file”). Once your claim is finished, even if you agree with everything, remember to file a request for a copy of the file. You want to have your own record of your claim in case your situation changes over the years, and you’ll absolutely need your C-file if you’re appealing the results of your claim. Talk to your VSO, or read more about obtaining your C-file at Nolo’s legal website.

Someday your family will greatly appreciate that you took the time to obtain your C-file, so that they don’t have to.

It’s possible (yet very unlikely) that years from now the VA will re-evaluate your claim. They might have made a mistake, or the medical evidence has changed, or you may have claimed an additional disability which re-opened the question of one of your original disabilities. Save these documents for the rest of your life. It’s also remotely possible that your survivors will need the data to protect their survivor benefits.

Let’s make one thing clear: if you disagree with the VA’s decision on your disability claim, then get a copy of your C-file and review it with your VSO. The VSO can explain the VA’s claim letter and maybe even find the paper trail in your C-file. If that explanation isn’t satisfactory then you should decide whether it’s worth your time (and money) to hire a lawyer.

Again, every claim letter is a highly individual assessment, and we can’t help you figure out why the VA made the decision they did. Consult a lawyer and decide whether the possible compensation is worth the very real cost of time & effort (and legal fees).

 

My personal details of my VA disability claim

(Some of you readers have asked. If you don’t care then please skip this section.)

I submitted my “fully developed” claim in February 2016, nearly 14 years after retiring. (The first post in this series explains how I made that ignorant mistake.) I’ve finished the C&P exams and I’m waiting for the VA to ask more questions– or to determine the disability rating I just got word from the VSO on 2o April that the VA has everything they need.  They’ve turned the claim over to the raters for processing and determining the disability rating I received a rating of 30%

My injuries are relatively minor yet all too common among vets:
Tinnitus. (Both ears.) For my fellow submariners, it’s 12-18 KHz tonals but no broadband (yet).  It does not wake me up at night.
Hearing loss. People seem to sneak up on me from behind. I have trouble picking higher-pitched voices out of background noise, much to the disgust of my spouse and daughter.  2024 update:  Hearing aids can fix this issue, a topic for an entire new post.
I’ve torn the ACLs in both knees and scraped up the cartilage in all four meniscuses (“meniscii”?). I’ve stressed the surrounding tendons. My left tibia is rotated a few degrees outboard. There’s less joint space between my tibias & femurs and extra bone growth around my medial meniscuses. The damage shows up on an X-ray as early degenerative osteoarthritis. It’s constant minor pain (2-3 out of 10).
I have a submarine history of ear infections, respiratory viruses, bronchitis, and pneumonia. That continued through shore duty but it finally eased up in retirement. Chronic fatigue? Stress? Atmosphere control chemicals? I still take a daily antihistamine for congestion.  I’m also rated at 0% for sinusitis and rhinitis, which means that the VA has acknowledged the service-related connection.
• If you were inport Subic Bay during the eruption of Mount Pinatubo in June 1991, please contact me to discuss the hazards of inhaling volcanic ash for 24 hours.

As I said, minor. My tinnitus and hearing loss is a hazard of submarine engine rooms (even despite excellent hearing protection) yet millions of civilians cope with those conditions every day. My knee pain is reduced with exercise (surfing, walking, squats, lunges) and ibuprofen. I’ve given up skydiving, skiing, basketball, and (regrettably) taekwondo sparring. I can run if I must, but no triathlons or even 5Ks for me.  My lung capacity is down to 70% but (frighteningly) that’s considered “normal for a man of my age.”

Everything adds up to a disability rating of 30%. Again, for more details on those numbers (including the dreaded “bilateral” factor), read about the calculations and the math of the VA disability rating at Ryan Guina’s excellent post on The Military Wallet.

 

Call to action:

Every blog post should inspire you to go forth and do something. Here’s what you can tackle after reading this post.

If you’re on active duty: Make sure everything is documented in your medical and service records! If you’re concerned that the military medical community may ground you (or even disqualify you) then at least take care of your health with a civilian doctor (and get a copy of those records). Even if an injury or illness might be your own dumb fault, it’s still likely service-connected and could someday be eligible for disability compensation.

If you’re leaving active duty: When you have your separation physical, discuss all of your lingering medical issues and seek treatment for them. (You have to show that a disability impacts your life, and you have to seek treatment for it.) Get a full copy of your medical record and get started on your VA disability claim.  Don’t wait– I can affirm that the process does not get easier after 14 years.

If you’ve already separated: Contact your local VA Regional Office or a veteran’s organization to find a VSO. Once they’ve answered your questions then you can decide on filing a claim. Remember, if you don’t file a claim now, then someday your family (or your survivors) may have to do it for you in order to obtain your benefits. Save everyone the trouble and file your claim now.

If you’ve already filed a claim: When you receive your claim letter, apply for a copy of your C-file! It’s the only way to check for accuracy, and you’ll absolutely need it if you’re appealing the claim. Even if you agree with the VA’s decision, get that C-file. Someday you (or your family, or your survivors) may have to upgrade your claim and they’ll need the information.

If you disagree with your VA disability claim results and you want to appeal: Get a copy of your C-file, discuss it with your VSO, and (if you’re still not satisfied) then find a lawyer.

 

 

There are no affiliate links or paid ads in this post.  Try your military base library or local public library before you pay money for these books– in any format.

 

Military Financial Independence on Amazon:

The Military Guide cover
  • Reach your own financial independence
  • Retire on your terms
  • Success stories and personal checklists
  • Royalties donated to military charities

Use this link to order from Amazon.com!

Raising Your Money-Savvy Family on Amazon:

The Money-Savvy Family cover
  • Reach your own financial independence
  • Teach your kids how to manage their money
  • Specific tactics from my adult daughter
  • Checklists and spreadsheets for your family

Use this link to order from Amazon.com!

 

 

Related articles:
Part 1:  Why You File Your Veterans Disability Claim (Not Just How) (It’s for your spouse & caregivers.)
Part 2:  What Happens When (Not Just How) You File Your VA Disability Claim (This is done in parallel with your separation or retirement physical.)
VA SITREP video “Three Tips for VA Disability Claims”
Part 4: What Happens After Your VA Disability Claim Has Been Approved

Posted in Military and Veterans Benefits, Military Retirement, Money Management & Personal Finance | Leave a comment

What Happens When (Not Just How) You File Your VA Disability Claim


Last week’s post explained why you want to file your disability claim, not just how to file it. Now we’ll get into why you should prepare as much of your claim as possible up front as a “fully developed” package for Benefits Delivery at Discharge by the time you separate from active duty.

It’s time (once again) to visit the Veteran Service Officer.

(Note:  this post was originally published in 2016 and eventually consolidated with other posts on TheMilitaryWallet.  I’m re-publishing my 2016 version, updating it for the PACT Act and my eight more years of personal experience.)

 

Why you want a fully-developed claim and Benefits Delivery at Discharge

Image of the logo of the Veterans Benefits Administration | MilitaryFinancialIndependence.com

Communication is the key.

The VA is required by law to research and develop your claim before their raters can evaluate the severity of your disability. If you do all the work for the VA up front and submit a fully-developed claim then they’ll skip most of the development process and render a faster decision.

The big advantage of the fully-developed claim is that you retain much more control over the process. That’s because you (and the VSO) are doing almost all of the work. When you file the claim, you’ll affirm to the VA that you’ve submitted all of the evidence and that you don’t have any more records for them to locate or evaluate.

Another benefit of a fully-developed claim is that its results will be determined more quickly. (The VA saves time in the process because, once again, you’ve done most of their work.) If the VA realizes that more information is needed then they’ll pull the claim from the fully-developed pipeline and do the additional work. But if they agree with you that they have all the data then they’ll move straight to the next step.

 

Filing the claim

It’s tempting to just sign up for your eBenefits VA .gov account* and start uploading your medical records.  Don’t do that yet! The last post showed you how to work with a VSO (and your team) to gather and organize your records, and now you can use the VSO to help submit the fully-developed claim. They’ve reviewed hundreds of medical records and filed those claims for other veterans, so they’ll avoid your potential mistakes.

Image of the VA.gov login showing four ways to log in with Login.gov, ID.me, DS Logon, or My HealtheVet. | MilitaryFinancialIndependence.com

I recommend Login .gov.

(* 2024 update: If you have the time to go through the Login .gov signup & validation process, the VA is now part of that login system.)

The VSO will not only review your medical record for problems that you’ve reported at sick call. They also have the database of presumptive conditions which are already linked to known exposures.  If you have your dates & locations, you might save yourself an extended series of medical exams to document your symptoms.  Vietnam veterans are asked about Agent Orange exposure and Gulf War veterans may be checked for symptoms from burning oil wells. Navy engineering duty might imply exposure to asbestos steam-pipe lagging, and submariners are questioned about radiation exposure.

(2024 update:  The PACT Act expands a long list of presumptive conditions and updates other emerging disability ratings such as exposure to toxic particulates like burn pits.  It also includes additional healthcare benefits.)

I had a long talk with the Oahu Disabled American Veterans VSO about exposure to the airborne radioactive isotopes from the 1986 Chernobyl reactor accident (all the way out in the North Atlantic) and the effects of breathing volcanic ash during the 1991 Mount Pinatubo volcanic eruption. “Luckily” no presumptive conditions are linked to those disasters (yet).* If any medical or physical effects had been related to those events then I would have had to start digging for a pile of submarine deck logs and air-sampling records (classified?) as well as old “I was there” fitness reports and buddy statements. Personally, it’s also a big relief to know that neither of those incidents is likely to have a long-term impact on me, and maybe now I’ll sleep better at night.

(* 2024 update:  Yeah, it turns out there are long-term impacts after all.  As part of the PACT Act review, I’ve filed an updated claim for rhinitis and a new claim for chronic sinusitis– both connected to service during the Mt. Pinatubo eruption.  The VA concurs with a service connection for both and has rated both at 0%.    If either condition gets worse then I’ll update my medical exams and apply for a higher rating.)

After the VSO checks for presumptive conditions, they’ll look for links to other service-connected disabilities. In addition to showing that an issue arose from your service, there needs to be a persistent impact on your life after the military. The VA wants to know how you’re affected by a situation and see that you’re still seeking treatment for a problem. If you’ve avoided the military medical system (or seen a civilian doctor on your own) then the VSO can help you determine whether you can document your claim and can even help you track down records.

Once you’ve reviewed your medical records with the VSO then you’re ready to submit your claim. You’ll include your DD-214 to prove your dates of service and the character of your discharge. Some VA benefits are linked to your family status so you’ll include your marriage certificate and birth certificates for any minor children who you’re still financially supporting. (Even if you’re married to another military veteran, you can both receive VA disability compensation with your milspouse as a family member.)  That family information is used by the VA to determine your compensation rate for your disability.

After all your record-gathering and research, filing the claim is surprisingly anticlimactic. The VSO will bundle up the pile of medical records and other documents that you’re submitting, print out a few forms for your signature, and click a “Submit” button on the VA’s website. They’ll forward your documents to the nearest VA regional office for scanning and adding to the VA database.

Even after your claim is submitted by the VSO, you’ll still stay in touch with them. As part of submitting your claim, you’ll give them a limited power of attorney to represent you with the VA. The VSO will guide your fully-developed claim through the VA bureaucracy, and they can also answer your questions about the next steps in the process.

One final tip: when you submit your claim to the VA, they’re going to schedule your “Compensation & Pension” medical exams. It’ll take at least 2-4 weeks for them to set up the appointments, but you want to be available for those appointments. Ideally you’ll do them in parallel with your separation physical as part of the VA’s Benefits Delivery at Discharge.  If you know that you’ll be out of the area for a long period of time (a deployment or extended travel) then try to push on filing your claim before you go.  You can still do the exams later, and your claim will still be effective on the day you separate from the military, but you could end up delaying your own benefits.

 

Your eBenefits VA .gov account

Now that your claim has been filed, you can track it with your VA .gov account.  (2024 update:  I found it much easier to use my Login .gov credentials.) Sign up, log in, and in a few days, you’ll be able to review the data on the dashboard. You’ll also need to add your bank account information so that the VA can distribute your compensation (if any) by direct deposit. The VA will update your dashboard with the status of your claim and any messages they need to send to you.

 

Your Compensation and Pension medical exams

After a wait of a few weeks to a few months, you’ll be notified of your appointment(s) for your C&P exam(s).

These can be a problem. The VA hires contractors to schedule the appointments for you, and the doctors who administer the exams are very busy. I’ve seen plenty of complaints about last-minute notifications, time conflicts, or even letters arriving after the appointment date. When you’re living in an area with a high concentration of veterans, or if your claim requires an assessment by a medical specialist, then you may have to drive quite a distance. You’ve probably filed your disability claim as part of your impending separation (as recommended in the first post of this series) so you already have a lot on your calendar. These appointments will just complicate your schedule, but they’re a necessary burden.

I asked one of the C&P doctors about the appointment scheduling. She had to go through a certification process to do these exams for the VA, so there are already a limited number of doctors for your claim. The VA asks the doctors to put their available time slots on the contractor’s scheduling website, and then the contractor fills in the schedule. If the doctor’s schedule changes then they can’t just call you– they have to go through the contractor. If the doctor needs more time (or if they’re called away on an emergency) then you’re going to be waiting until the doctor’s available. If the appointment conflicts with your schedule, then the contractor will put you at the bottom of their list for the next C&P appointment. Your claim is stuck in the processing pipeline until the appointment is completed, and plenty of other veterans are competing with you for limited resources.

You can see the potential problems if you’re about to separate from the service and move to a new address. Make sure that your VA .gov account, your VSO, and your VA clinic all have your latest mailing address and phone number. If you know that you’re making a big move on a certain date, and there’s not enough time to finish your C&P exams before the move, then it’s worth waiting on filing your claim until after you’ve made the move and settled in to the new address.

If the contractor messes up the appointment (or the mail isn’t delivered in time) then tell your VSO and the VA (through your account) as quickly as you can. That starts the documentation trail if your claim is mishandled or if you later appeal a finding. You’ll have to work out a new appointment with the contractor, and that may be an unpleasant experience, but the contractor also knows that their performance is monitored by the VA. Be polite, be persistent, and let the contractor know that you’ll keep the local VA office informed as well.

Pro tip: when the contractor notifies you of your C&P appointment, rearrange your life to make it happen. If you’re on active duty, be willing to take leave if necessary. If you’re out of the military already, take the day off work and figure out childcare or other logistics. Nobody cares about how busy (or how important) you are. You have very little negotiating power here, and the next rescheduled appointment could be weeks away.

 

C&P exam study guide (“the gouge sheet”)

The C&P doctor is simply an objective third-party authority who tries to clarify and validate the details of your claim. They don’t diagnose or treat any symptoms, and they don’t make the final decisions. They don’t determine the final rating (the VA does that) but they give the VA the data needed for that analysis.

The C&P doctor is also a human being. Some of them do C&P exams because they’re rock-star professionals who feel a deep commitment to helping veterans. (Maybe they’re military vets too, or maybe one of their loved ones is a vet.) A few doctors do C&P exams because it helps them fill their appointment book and pay their medical school student loans. Any of those doctors could be having a bad day when you walk into the exam room. Your attitude will definitely set the mood for how your claim is assessed, and if the doctor forms a bad first impression then your entire claim could be derailed.

No pressure, right? 99% of these appointments go well, and you might even learn helpful advice from the doctor. Unfortunately, this situation calls for varsity-level adulting, and you need this appointment to succeed a lot more than the doctor needs you. Regardless of how well the two of you hit it off, you’re going to have to be the polite and reasonable grownup. This is a fantastic time to have your family member, friend, or wounded-warrior advocate in the room with you to help defuse any rising tension. (Just the presence of another person may help encourage professional behavior from everyone.) Let the doctor know right away why they’re with you, and tactfully obtain their permission before you try to record any video or audio.

Your C&P doctor has also done many more exams than you, and they’ve developed their finely-tuned attention for the way you describe your condition. (They may even have a preconceived opinion on your diagnosis.) They’re not going to heal you and they don’t work for you– they’re simply trying to gather technical medical info for the VA. They’ll have specific questions and they’ll be alert for specific vocabulary. Hopefully, the two of you can have a conversation rather than an interrogation, but it’s up to you to avoid an adversarial relationship. This exam is not the time for long detailed war stories or for trying to take charge of the situation. Don’t exaggerate or dissemble. Try to offer short, factual responses that the doctor can transcribe into their examination report, and try to make it easy for the doctor to do their job. (The next section will give a few more tips on making the doctor’s report faster and more supportive of your claim.) Ideally, the doctor will relax, open up a little, and engage you in a conversation that exchanges more information.

Ask polite questions if you don’t understand what the doctor is doing. If you’re impressed or surprised by the techniques or equipment that they’re using, then say so! Your feedback could prime the doctor’s conversational pump and help both of you understand each other. The more you know about what the doctor is trying to find, the faster and easier you can make the exam for them.

Pro tip: don’t be a tough guy. You’re at the C&P exam because you have a condition that affects your ability to earn a living, and it might even cause chronic pain. Show exactly where it hurts and when it starts to hurt.  Use the VA’s 10-point pain rating scale for when you’re trying to sleep, when you wake up, when you’re walking, and when you’re exercising.  Don’t minimize (or exaggerate) the symptoms, and don’t try to set new personal records for strength,  flexibility, or pain tolerance. Have concrete examples of how it affects your daily life.

One of my C&P doctors wanted to know how long I could stand, how far I could walk, and exactly how many stairs I could climb before my knees hurt. Another doctor surprised me by asking whether my tinnitus wakes me up. (No– but yikes!) The questions may seem odd or even intrusive, but the doctors are trying to translate your description into standardized, precise medical terminology that will quickly be processed by the VA raters. They know a lot more than you ever will about what the VA needs to know, and it’s up to you to make it easy for them to supply that info.

Another pro tip: assume that the doctor couldn’t read your medical records. The VA now scans your fully-developed claim onto their website and gives the doctor online access. However, if your records are illegible or the scan is poor or the doctor’s network has a glitch, then they might have to reschedule your appointment. You can save the day by bringing a copy of your medical record for their personal use. If you have the time, you could even organize it and tab it by specific dates and symptoms. During the exam, ask the doctor about anything that you feel should be brought up in the claim. Figure out whether they’ve already seen it in your online records or else point it out to them.

If you’ve generated (or found) more medical records since your claim was filed, then upload them to your VA .gov account and absolutely bring a paper copy for the doctor. The VA will eventually assess the documents you upload, but it might not happen in time for your C&P doctor to see them.

One of my C&P doctors (at the VA clinic) was so concerned by my description of my knee symptoms that he sent me to the X-ray lab. I literally walked up to the counter, checked in, and was sent back to the imaging table within seconds. Sure enough, the X-rays immediately confirmed the osteoarthritis(!) symptoms that I’d described. Along with older imagery on file at the VA clinic, and the diagnosis in my medical record, they’re exactly the evidence that the VA rater uses to determine the disability rating.

This video provides another overview of the VA’s C&P exam process. (Hopefully, they’ll catch that typo.  They fixed the typo.) Again, your exam could happen at a VA clinic or at a private doctor’s office.

 

Queue the DBQ for your cues

Here’s another way to make the doctor’s life easier: the Disability Benefits Questionnaire.

This extremely valuable advice comes from long-time reader Ben and was confirmed by the VSO. The VA is expanding the Disability Benefits Questionnaires as part of the fully-developed claim, and they’re available for the most common symptoms.

In technical terms, the DBQ is the doctor’s guide to the International Classification of Diseases ICD-10 medical codes for describing the precise details of the disabilities you’re claiming.  In layman’s terms, it’s a checklist of all the symptoms that can be linked to an ICD code for the VA raters to determine the degree of disability. You want to use this form to learn the doctor’s questions about your symptoms and how you’ll describe your answers. You’ll also learn a lot of interesting (scary, gross) medical vocabulary.

Before you go to your C&P exam, spend an hour reading through the form and looking up the meanings of the codes. You’ll find the vocabulary that the doctor will use as they write up their diagnosis for the VA. If you have the time, try to fill out the entire DBQ and bring it along with you. If you and the doctor are getting along, then as the exam is finishing up you could politely mention that you tried to fill out the DBQ. Ask the doctor if they’d like to refer to it as they’re writing up their results.

Keep in mind that you’re using the C&P exam and the DBQ as one more way of communicating with the system. You’re not trying to memorize the vocabulary or exaggerate your symptoms. You certainly want to avoid giving the impression that you’re a medical commando. Instead, you’re making sure that the doctor has everything they need to write up their analysis for the VA, and so that you two don’t have to repeat the exam if anything is missing.

When you’ve filled out a DBQ (to help you and the doctor have a productive conversation) then you might be tempted to upload it to your VA .gov account. More evidence must be a good thing, right? I decided not to do this because I’m not trained on the best way to fill out a DBQ. I don’t understand all of the “right” techniques and I’d hate to make a rookie mistake. Instead, I offered the DBQs to the doctors and let them decide how to include my ideas in their reports.

3000 words later I’m finally at a good stopping point, so I’ll finish this post off in a third part. If you haven’t already read the first post on filing the VA claim, then here’s that link again.

 

Related articles:
Part 1:  Why You File Your Veterans Disability Claim (Not Just How)
VA SITREP video “Three Tips for VA Disability Claims”
Part 3: What The VA Really Does With Your Disability Claim
Part 4: What Happens After Your VA Disability Claim Has Been Approved
 
 
There are no affiliate links or paid ads in this post.  Try your military base library or local public library before you pay money for these books– in any format:

 

Military Financial Independence on Amazon:

The Military Guide cover
  • Reach your own financial independence
  • Retire on your terms
  • Success stories and personal checklists
  • Royalties donated to military charities

Use this link to order from Amazon.com!

Raising Your Money-Savvy Family on Amazon:

The Money-Savvy Family cover
  • Reach your own financial independence
  • Teach your kids how to manage their money
  • Specific tactics from my adult daughter
  • Checklists and spreadsheets for your family

Use this link to order from Amazon.com!

 

 

Posted in Career, Military and Veterans Benefits, Military Life & Family, Military Retirement, Money Management & Personal Finance | Leave a comment

Why You File Your Veterans Disability Claim (Not Just How)


“Learn From My Mistakes… Without Repeating Them!”

There are roughly eighty-two gazillion websites which will tell you HOW to file your disability claim with the Veterans Administration. (I’ll link to some of them.) This post explains WHY you want to file your claim (even when you feel 0% disabled), and why you want to do it as you’re separating from the service. I’ll also explain why certain steps happen in a specific way and I’ll share a few pro tips on optimizing the process.

If you’re a spouse or family member of a veteran, I’ll also share why you are personally motivated to encourage your vet to file their VA disability claim.

(Note:  this post was originally published in 2016 and eventually consolidated with other posts on TheMilitaryWallet.  I’m re-publishing the 2016 version, updating it for the PACT Act and my eight more years of personal experience.)

 

Bottom line up front

  • When you’re leaving the service, start your VA disability claim with your separation physical. It’s much easier to do it in parallel with your physical, and it’s the best time to document any service-connected disability. (Because you’re still… in the service.) Even if you’re disgustingly healthy when you’re leaving active duty, file the claim now so that it’s on the record if a surprise pops up later.
  • If you’ve already separated yet haven’t filed a VA disability claim yet then start one now– so that your loved ones won’t ever have to do it for you. Even if the VA decides that you’re 0% disabled, you’ve done the hard work so that the claim could be upgraded later.
  • If you’ve given up on your VA disability claim, then talk to a local veteran’s organization (like a chapter of Disabled American Vets or the American Legion, even if you’re not a member) and consider getting legal assistance. You have nothing to lose.

 

Image of the logo of the Veterans Administration, with a link to their eBenefits page. | MilitaryFinancialIndependence.com

Click here for eBenefits.

It’s not just about the money. It’s about taking care of yourself now and making it easier for others to take care of you later.

 

Avoid these mistakes

In retrospect, I made a very common mistake. When I sat through the VA disability presentation at the Transition Assistance Program, I didn’t think that any of it could possibly apply to me. I didn’t feel disabled or even a little broken. I’m financially independent and I didn’t need to care about veteran’s hiring preference or disability programs.

It took me four more years after retiring to understand that I might have a service-connected issue (or two or four). If I’d consulted a Veteran Service Officer during my retirement physical (or had my medical record reviewed by the VA claims expert who was at TAP) then they would have shown me the error of my ways. The Department of Defense’s military separation physical only makes sure that you’re not sick or injured when you leave the service. They might not find your service-connected disabilities (unless you’re aware of the issue) and they’re not required to help you file a VA claim.

(2024 update:  yeah, I had issues.  It took me years to understand how my exposure to volcanic ash messed with my respiratory system and my sinuses.  The PACT Act has now made this nearly automatic for exposure to the toxic particulates of burn pits.)

I was also avoiding treatment. In some branches of the service, the medical community can stop your career in its tracks. When I was on submarines, if I’d had to take any medications stronger than a decongestant then I would have been pulled from certain duties. If I’d had knee problems then I might have been beached from sea duty and even disqualified from the submarine force. I spent so many years minimizing or even hiding my symptoms (like most guys, “I’m good!) that it was difficult to change my attitude at my retirement physical.

The “I don’t deserve this” attitude is frequently seen among veterans. By the time I retired in June 2002, wounded warriors were returning from Afghanistan to our local VA clinic. I didn’t feel as though I had any right to clog up the care pipeline with my whiny little complaints about minor Cold War injuries. Vets tend to adopt a stiff upper lip and push through the pain. Hopefully, our lessons of the decades of war will improve that situation a little.

If any of this seems to apply to you (or a loved one) then here’s an additional problem: the VA disability claims process is detailed and tedious. It’s difficult to navigate. If you’re dealing with chronic injuries or pain, let alone a traumatic brain injury or PTSD, then the VA disability claims process is downright impossible. The only practical solution is building a team to help you.

 

Why you need to file your disability claim

Ironically, it’s not about you.  It’s about your loved ones.

If you’re financially independent then it might not even be about the money.

When my father ended up in a care facility with Alzheimer’s, the very first question from the geriatric care manager (and the care facility staff, and the lawyers) was whether he was eligible for VA benefits.

Dad was drafted years before I was born. He completed the Army’s 90 days of minimum training before being given a “critical skills” waiver (electrical engineering) and sent to the inactive Reserves. We never spoke of it when I was growing up, and Dad never talked about it even after I joined the military.

Five decades later and after a few years of Alzheimer’s, all Dad could remember about his military service was a night spent guarding a tank. (He said he was cold.) It took my brother and me over a year to stumble across the box which contained his (misfiled, crumbling) DD-214, and it took several more hours to research 1950s veterans benefits.

As you might predict, Dad wasn’t eligible for veterans benefits. It would’ve been nice to have had that discussion while he had his cognition, or to find it in his estate plan, or even (heaven forbid) to find a copy of a VA disability claim file. In retrospect, it’s clear that Dad never thought he’d be eligible for any veteran’s benefits. (He was right.) I wish he’d thought to write that down somewhere.

(Note for my spouse and daughter: Check the “Emergencies” folder in my desk drawer.)

Several other readers have mentioned this memory issue. Ideally, someday you’ll also be old enough for someone to ask about your veteran’s benefits. Maybe it’ll just be story time, but maybe your caregiver is trying to find help. You’re the only person who really knows what you went through during your service, and the daily events might not be written down anywhere. (Or they’re still *ahem* classified.) If it takes 20 years for the medical community to learn (and for the VA to reluctantly acknowledge) that you might have been exposed to something during your service, then you want to have the relevant data already on hand. Try to imagine yourself decades from now (or ask a Vietnam vet) and consider how frustrating it might be for you (let alone for your family) to start the claim in your 70s.

Even if you’re financially independent, maybe it still is about the money. When you’re “only” 20% disabled then you may not receive much compensation (just a smaller income-tax bill), but decades later your condition could get worse and you could end up 100% disabled. If your situation deteriorates then you (and perhaps your family and your caregivers) will be busy enough without the additional burden of filing your VA claim. Your veteran’s benefits might pay for your treatment, and they might also help support your caregiver. If your assets are dwindling and you’re facing Medicaid, your VA benefits might even offer the financial support of “Aid and Attendance”. People will ask you (or your family) about it, and it’d be great if you had this information in a file folder.

Finally, you might be all about the money. If you become unemployable and your disability care is draining your assets, then your VA claim is lifetime disability insurance. (It could also include Social Security Disability Insurance.) If you’re “only a little bit” disabled, your rating might still earn you a waiver of the funding fee of a VA mortgage. In some states, a service-connected disability (even with a 0% rating) is worth a college scholarship to the state university.  (Check with your state’s Veterans Affairs office, or a local state university financial office.)  Sure, you might already have the GI Bill or state National Guard benefits, but now you have more choices.

Enough preaching. Learn from my family’s mistakes.

 

Starting the VA disability claim process

Don’t try this at home, kids– seek professional help before it’s too late.

Find a Veterans Service Organization and use a Veteran Service Officer. If you’re a member of a veteran’s group then start there. If (like me) you don’t have a clue preference then use the one near your local VA clinic. Other VSOs are sponsored by the American Legion, the Disabled American Veterans, MOAA, and other veteran’s groups. You don’t have to be a member of the group to use their VSO services, although they’d certainly appreciate it. Their job is to help you research, assemble, and file your claim, and they’re paid from other funds.

The VSO will show you how to navigate the VA bureaucracy. If you don’t enjoy dealing with bureaucracy then get more help now from your spouse or a friend and have them accompany you through the entire process. Submitting the claim is hard, and if you’re in pain (or dealing with a TBI or PTSD) then you’ll quickly get discouraged and give up. If you’re the spouse (or potential future caregiver) for a veteran, then help them get through the process– because someday you may end up having to upgrade their disability rating. When you help a vet through the claim then you’ll also learn more about caregiver support and benefits.

There are four components to prove in a VA disability claim, and one of them is that the service-connected condition persists after you leave the service. (Otherwise, you’re healed, right?) This means that your post-military medical records should show that you’ve regularly sought advice and treatment for whatever conditions you’re claiming.

If you’ve hidden a condition from the doctors while you were on active duty (for fear of being beached or even disqualified) then you can see the problem with documenting this treatment in your medical record. Your final year or two before separation is a great time to seek education, treatment, and possibly physical therapy. Even if you sought help from a civilian doctor (because you didn’t want the chain of command to get involved) then make that record part of your disability claim.

When you submit your claim to the VA, they want to see the treatment evidence. Make it easy for them to put the pieces together. You can provide that evidence to the VA much faster than they can pull it from DoD files. The VA might not pursue your civilian records at all.

 

Gather your records

In the case of my retiree medical records, 14 22 years created a problem. I only visit my local (civilian) clinic once every 12-18 months, and after three years they started archiving the paper in a storage facility. (Retrieval search fee: $50.) After seven years they shredded the archive records in favor of HIPAA electronic summaries. By the time I started catching up on over a decade of clinic visits, all the clinic had was a series of one-line entries on a one-page spreadsheet.

I’ve lived in the same house for over 15 24 years. If you’ve moved around since you left the service then you can imagine how much more difficult it would be to get copies of your civilian medical records.

After you leave the military, whenever you’re seeking treatment then get a copy of the records for yourself. This is a hassle. It usually means an extra visit to the clinic (after the doctor has finished writing up your record and the staff has filed it) and you’ll probably pay a copying fee ($15).

In 2013, when a friend suggested that I start my claim, all of my records were on paper. The first step was buying a scanner to create a PDF. Today you might get an electronic copy of your records during your separation/retirement physical, but you’ll still want to scan in your civilian medical records. It’s absolutely essential that you be able to print out copies for the VA and for anyone involved in your claim. The doctors who do your VA Compensation & Pension exams should have copies of your record, but bring a printout just in case. If you have family or a friend or a wounded warrior advocate accompany you to the exams, then give them a copy to read on their own. (The extra set of eyes is a big help.) If the VA loses your paperwork, or if you end up working with a lawyer, then: more copies.

 

Organize and read your records

Once you assemble your medical record, then read it!

You’ll be surprised what you’ve forgotten over the years, and you need to understand the chronology of any illness or injury. Your years of perspective might discover triggers or related events. You might need to find additional records (orders, travel claims, evaluations) that help document when it happened and where you were.

(2024 update:  After a nasty sinusitis incident, I went back through all 946 pages of my VA disability claims file.  This was essential to realizing how many times I’ve been treated for “occasional” respiratory infections– at least annually for three decades– and understanding that this is not normal.)

If you’re missing critical information, then consult with your VSO or ask a veteran’s disability forum. You might have to go through mission reports, command histories, or even access classified redacted documents that you’re not cleared to read anymore. Another approach is the “buddy statement” of people who witnessed events & symptoms, or who can attest to your presence.

If your medical record is not merely incomplete but inaccurate or just plain wrong, then figure out how to fix it. (The VSO has seen this many times– ask for their advice.) An exam by a different doctor might help reconstruct the series of events which led to your current condition. Maybe the VA can work with medical summaries from others who were there with you. If someone else was with you back when you sought medical advice, ask them to provide a buddy statement. Until you have the evidence, you’re wasting your time with the VA.

I re-read every page of my medical record and tabbed some pages with Post-It notes of injuries, dates, and questions. The VSO didn’t need that but it helped me answer his questions and the later questions from the exam doctors.

My military medical record is over 300 900 pages (2024 update) in an inch-high stack. My VSO considers that “small” and “easy”.

Once you’ve refreshed your memory, you’ll need to answer the VA’s important questions:

  • How do these injuries or symptoms affect you today?
  • What’s the impact on your life?
  • What’s your pain level?
  • What can you no longer do?
  • How do you cope?
  • How often do you seek treatment?

“Seeking treatment” could be as simple as physical therapy or talking with the doctor for education & reassurance. The VA needs to conclude from your actions (and your records) that the symptoms or the injury are still affecting your life and that you’re still treating them. If you’re on active duty and concerned about medical disqualification, then seeking treatment can be an issue. Consulting with a civilian doctor (on your own) can be expensive. In the long term, the right answer is to seek medical advice before the condition gets worse. Even if a diagnosis disrupts your active-duty career, avoiding it may affect you for the rest of your life.

I’m over 2500 words into this post and haven’t covered the details of filing the claim yet. We’ll pick up in the next post with visiting the VSO to actually file the claim, and then conclude with what the VA really does with the disability claim.

[I’d like to thank reader JDarnell (an occasional poster, and longtime friend) for pointing out over eight years ago that I should really get off my dead assets and file my VA disability claim. He helped me understand the “why” after I ignored the “how” for over a decade.]

[I’d also like to thank Crew Dog at One Sick Vet for sharing their experience and helping me understand what the doctors need to know. Hint: it’s probably not in your medical record. Or not yet anyway.]

 

There are no affiliate links or paid ads in this post.  Try your military base library or local public library before you pay money for these books– in any format:

Military Financial Independence on Amazon:

The Military Guide cover
  • Reach your own financial independence
  • Retire on your terms
  • Success stories and personal checklists
  • Royalties donated to military charities

Use this link to order from Amazon.com!

Raising Your Money-Savvy Family on Amazon:

The Money-Savvy Family cover
  • Reach your own financial independence
  • Teach your kids how to manage their money
  • Specific tactics from my adult daughter
  • Checklists and spreadsheets for your family

Use this link to order from Amazon.com!

 

Related articles:
VA SITREP video “Three Tips for VA Disability Claims”
Part 2:  What Happens When (Not Just How) You File Your VA Disability Claim
Part 3:  What The VA Really Does With Your Disability Claim
Part 4:  What Happens After Your VA Disability Claim Has Been Approved

Posted in Military and Veterans Benefits, Military Retirement, Money Management & Personal Finance | Leave a comment