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Minute #5
Minute
#35
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Brian Therrien:
This is Brian Therrien here and I want to welcome you
to an informational interview all about veterans benefits and today we’ve
got Don Rait. Don, thanks for
joining us. Don Rait:
My pleasure. Brian Therrien: Great.
You know, a lot of members come through, Don, and they come to us
seeking solid disability information and a large part of them now are vets and
the veterans benefits also seem to overlap into other areas of Social Security
disability and all of that, so. It’s
great to have you with us. Don is
on SSDI and, as a disabled veteran, has a unique background as both an
enlisted officer and, also, an officer in the armed forces that serve, as a
service officer for seven or so years. Right
Don? Don Rait:
Correct. Brian Therrien: And in your time, you’ve
had thousands of veterans obtain their benefits and are lending your precious
time here to spill all and give people tips about the entire, you know,
veteran system, so. I will add
that Don, in addition to what you’ve done, also had a stellar career in the
corporate world. In ’92
you...was when you were injured, right? In
’92? Don Rait:
Yes. In early December of
’92. Brian Therrien: Yep.
Applied for disability in ’93 and had a very interesting story.
Had to really fight like, pardon my French, hell to get approved.
But, you have one of the largest back benefit checks that I’ve ever
been aware of in my experience in this industry that was awarded to somebody.
So, it does truly happen. So,
today what we’re going to cover is how to apply and tips to maximize your
chances of winning veterans benefits and whatever, you know, other little tips
that you can add for us, right? Don Rait:
Absolutely. Brian Therrien: Good.
You know, from what I’ve learned and looked at in our conversations,
Don, the Veteran’s Administration has many different services, hospital
care, vocational rehabilitation, home loans, and other services.
So, today what we’re going to cover is where to go, how to
start...how to get started, what somebody is going to need for records.
We’re going to talk about veteran’s pensions and service-connected
compensation because they’re different, right? Don Rait:
Yes. There are, basically,
two different kinds of compensation. I
think it’s important that our members understand that.
There’s service-connected compensation and that would be for an
injury sustained while you’re on active duty or a wound that you sustained.
Any of a myriad of things, but anything that happened while you were on
active duty. And then there’s
pension. And most people call that
NSC or non-service-connected pension. And
pension, basically, has to do with your income level and it is more directed
at the disabilities that you have that you have sustained since you left the
service, in most cases. In some
cases, people will first apply and get on non-service-connected pension and
then move from that to service-connected compensation.
There’s a large difference in dollars.
That’s why I’m making the point. Brian Therrien: Large difference in...where
is the...where is the large part of the difference?
In which one? Don Rait:
I’ll give you a for instance. Brian Therrien: Okay. Don Rait:
In...the average award on pension is $500, $600, $700 a month.
For service-connected compensation, unlike Social Security, the VA
awards service-connected compensation as a percentage.
Beginning at, actually they have ratings of zero, which means that you
have it, for example I have a zero rating on hearing.
It means that my hearing is impaired, but not impaired enough to meet
their criteria for compensation. But,
to give you a range, 10% from the VA currently is $117 a month and somebody
who’s getting 100% with the VA, let’s say 100% and you’re married, no
kids at home, it’s...I think it’s $2,669.
So, it’s almost $2,700 a month, so it’s a substantial increase over
pension. Brian Therrien: I have
a question regarding this. Don Rait:
Sure. Brian Therrien: There’s...are there
variables based on the amount of service time for a service-connected
compensation? Don Rait:
No. There’s a basic
requirement of, I believe, it’s 90 days active duty. Brian Therrien: Okay. Don Rait:
But, there’s no...a person who served 20 years doesn’t get more
than a person who served four years. It
all has to do with the degree of disability suffered while on active duty. Brian Therrien: Okay.
So, the pension side is...would be more like a retirement program? Don Rait:
Similar. Let’s say you
have COPD or terrible arthritis or, you know, whatever.
Something that really isn’t directly attributable to the service,
although some...occasionally there’s some overlap, and you’re in a
low-income bracket, low enough, and you can apply to the VA for pension and
based on your disabilities suffered wherever... Brian Therrien: Okay. Don Rait:
...you know, in life, than you can get compensation for that, so
that’s called pension. Brian Therrien: Okay.
So, really what we’re speaking of is two different disability
programs within the Veteran’s Administration? Don Rait:
Yes. Absolutely. Brian Therrien: Okay. Don Rait:
I would say that...I would say 75-80% of the effort and the
applicability’s to our members... Brian Therrien: Um-hum. Don Rait:
...is service-connected compensation. Brian Therrien: Okay.
Okay. Right.
Okay. So, how about we kind
of unravel this from the beginning. If
somebody has, you know, a service-connected disability or, you know, where
would they go to start? Don Rait:
That’s a great question. When
it happened to me, I didn’t know where...I looked in the phone book and I
was looking under veterans and I didn’t even know, you know, Veteran’s
Services, Veteran’s Claims. The
best place to start is start with some references from your friends and
neighbours. If you can find the
name of somebody local that other people have used, and they’re called
different things, they’re called County Agents, they’re called Service
Officers, they’re called a myriad of things.
But, it’s basically somebody who can help you apply for compensation
with the VA. Many times these
people can be found inside a VA outpatient clinic or, for certain, at a VA
hospital. So, you basically begin
your search by asking your friends and then you narrow your search by actually
going to a VA facility. Brian Therrien: Okay.
A few questions here, Don. You
had provided...that’s a good place to start and if somebody doesn’t know
their local agencies, we can give them a directory at the, you know, with this
interview, right? Where they can
find their local VA hospital? Don Rait:
Very easy thing to do. In
every state it’s the same phone number: 1-800-827-1000, and that will take
you to your regional office and all you need to do is ask them where the local
facility is. Brian Therrien: 800-827-1000, great.
Brian Therrien: Okay.
So, my next question is is it necessary to...to get, you know, can I
use the term representative, somebody that helps somebody apply?
Is that necessary or could...is the paperwork kicking around out there
that somebody could conceivably do this on their own if they wanted to? Don Rait:
I have seen people do it on their own, but I would say it’s on the
order of 1, 2, or 3%. Brian Therrien: That do it on their own or
that are successful doing it on their own? Don Rait:
Maybe 1% successful. Brian Therrien: Okay.
So, not good odds. Don Rait:
No. You need to find
somebody to hold your hand and lead you through the woods. Don Rait:
But... Brian Therrien: Alright. Don Rait:
...I suspect, probably, the first thing we want to talk about is what
we need to take to the interview? Brian Therrien: Sure. Don Rait:
The most important thing to do is get ready once you have located this
person. Everybody who was in the
service has a DD214. If you
don’t have a DD214, you can get one by either going on the Internet to www.va.gov
or, hopefully, you have...most people have got their DD214 put in a safe
place. Brian Therrien: Now, can you, in laymen’s
terms, explain to me what a DD214 is? Don Rait:
You know what, I’m glad you asked that because I’m so, you know, I
have used DD214 for so long, I’ve forgotten that not everybody understand
what it is. A DD214 lists your
time in service, your rank, where you served, what your awards were.
It, basically, is a glossary of what you did while you were on active
duty. Brian Therrien: Okay.
And, so, is this all that they need, the DD2? Don Rait:
No. That st...that’s the
first thing. Brian Therrien: Okay. Don Rait:
Then you’ve got to prove you were a veteran. Brian Therrien: Oh. Don Rait:
This is a funny world. Some
people walk in and try to say they were a veteran when they were never in the
service. The second thing you need
is you need to obtain your medical records as best you can.
Now, I know a lot of these medical records go back 20, 30, 40, 50, 60
years. The easiest way to obtain
your medical records, again, is to get on the Internet and there’s a
specific form that you can fill out and it goes to the VA on Page Boulevard in
St. Louis and that’s the repository of all of the medical records and all of
the service records for everybody having serviced in the United States
Military. Brian Therrien: So, I want to make sure I
get this. So, if you’re a
veteran and you’ve moved around the US and gone to different hospitals, all
of this is collected and centralized in St. Louis? Don Rait:
It should be. Brian Therrien: Okay. Don Rait:
It’s not absolutely necessary that you have all of your medical
records when you first see a Service Office or representative to help you.
He’s going to help you fill out a real long form that helps you apply
and gets your application started. Brian Therrien: Okay. Don Rait:
The important thing is to get the application started so that you
reserve that date, because it becomes important later on because that’s the
date the compensation is awarded to, not to your...the date of your injury,
it’s to the date where you applied for benefits. Brian Therrien: Okay.
So, we have two things. Medical
records and the DD214. Anything
else? Don Rait:
Anything else that you think would support your case.
Some people come in with photographs.
Some people come in with so-called buddy statements.
You can have a statement, it doesn’t have to be notarized, you can
have a statement from somebody who, let’s say, saw you step into a pothole
and badly twist or break your ankle at Fort Dix, New Jersey and, maybe,
there’s no record that can be found and all the person has to do is attest
it’s a truthful statement and sign it and date it. So,
you need to bring everything that you think, in your judgement, is useful to
your case to prove your case. Brian Therrien: Um-hum.
Um-hum. Okay.
So, alright. Let’s...as
far as the interview, anything else that you can give for tips before we zero
in on the specific programs? Don Rait:
Yeah, there’s no real comfortable way to say this other than if you
go see somebody and you don’t feel that they’re competent or you don’t
feel comfortable with them, it’s like choosing a real estate agent or it’s
like choosing any other service provider, don’t feel bad about saying, well,
thank you very much for your time and going and finding some other people. Don Rait:
Let me give you a couple of examples.
There are Service Officers at chapters and posts of service
organizations. I’m talking about
the American Legion, the VFW, the DAV. A
lot of them have got local service programs.
I don’t mean to denigrate all of those people, but the majority of
those people are dabbling in service work and what I would do is make sure
that you find somebody who’s in a real busy office, who seems to be very
competent, and really understands the nature of your case and be willing to
fight for you. Brian Therrien: Very good tip.
You know, of course, the work that we do at Social Security, we have
been successful in advising the same strategy, so, would it be safe to say
that the the expectations that you set for somebody to go to an interview is
that, or to go to meet somebody about their their VA benefits, is this is
really an interview. You want to
get a...bring your information, but also understand that you want to learn
what the competence level is of this individual. Don Rait:
Exactly. A lot of people
aren’t comfortable doing this, but understand that you may be talking about
maybe a quarter of a million dollars in future benefits. Brian Therrien: Yeah. Don Rait:
It’s real important. Brian Therrien: You’ll learn real quick
that, you know, this really is a business and are there any specific questions
that, or things to look for, other than the fact that somebody’s busy and
does a lot of claims? Don Rait:
I would spend two or three minutes talking with them about how long
they’ve been in in their position, how much training they’ve had, just get
a feel for it. Brian Therrien: Um-hum.
Um-hum. Don Rait:
If you’ve ever hired a real estate agent, it’s a similar thing. Brian Therrien: Um-hum. Don Rait:
You just want to have a comfort level that the person that you’re
going to be dealing with is competent and they’re interested in you and
they’re willing to fight. Brian Therrien: Is it realistic to ask for
this or maybe this doesn’t exist in the VA world, and other situations where
claims have taken...one of the things that drives people absolutely nuts is
the...somebody takes their claim and they have no idea what is going on
because they can’t communicate with them.
The person’s busy. So, in
the VA world, is it realistic to say, you know, what could I expect for a
communication plan? Is there a way
that I can learn what’s going on with my case at 60 days, 100 days, what’s
realistic for me? Don Rait:
Absolutely. Absolutely.
Here’s what I would do. Anytime
anybody fills out a piece of paper for you, ask for a copy. Brian Therrien: Okay. Don Rait:
You become his administrator. If
you’re not good at it, your significant other or your wife or someone else
in your life can help you with it, but you need to keep records and you need
to make sure that they’re very accurate. Brian Therrien: Um-hum. Don Rait:
So, I would ask for a copy of the correspondence that was generated. Brian Therrien: That’s great advice. Don Rait:
The next thing is I would ask the person, okay, when can I expect to
hear something, because the VA, I think to some degree, is like Social
Security. There are great offices,
and there are good offices, and then there are bad offices, and it’s done on
a regional basis. I happen to
reside in Florida and we have just an enormous case load at one office and it
might be reasonable to say to somebody, you may not hear anything for nine to
ten months. But, I would ask, at
each step, in the row and, also, that number I gave you earlier,
1-800-827-1000... Brian Therrien: Yep. Don Rait:
...it’s perfectly permissible for you to call, give your Social
Security number, talk to one of their interviewers, and ask them what the
status of your case is. Ninety-nine
percent of the time they’ll tell you it’s being worked on or it’s
pending, but they may be able to tell you it’s been approved. Brian Therrien: Okay.
Great, great tips. Okay,
let’s just...let’s work our way back into veteran’s pensions for a bit. Don Rait:
Okay. Brian Therrien: I just want to go over this
again. The veteran’s pension
we’re looking, you know, expectations maybe $500 a month or so in money,
right? Don Rait:
$500, $600, $700. Brian Therrien: $500, $600, $700. Don Rait:
It can be less. Brian Therrien: Okay. Don Rait:
It all depends on your other sources of income.
There are all kinds of means tests.
It’s meant to help veterans who are down and out. Brian Therrien: Okay.
So, when you go to the interview, is it necessary to know, in advance,
whether you’re investigating a pension or whether it’s service-connected
or that... Don Rait:
The interviewer will lead you. Brian Therrien: Okay. Don Rait:
Because he or she will ask you the nature of your disabilities. Brian Therrien: Okay. Don Rait:
And in some instances, there’s a practice of putting somebody on
pension because the pension seems to be...you can get it for an applicant much
more quickly and, just to sustain them for awhile while you’re working on
service-connected compensation. Brian Therrien: Alright.
Good tip. What if they
don’t have all all the records or what if St. Louis has had a hiccup and,
you know, missed five years of records? Don Rait:
Okay, yeah. Here’s
another great point. When you’re
with your Service Officer, ask that person what help they can render?
You can do several things. The
Service Officer, himself, can ask for records again.
There are...there’s a form you can sign where the VA, for example,
say you’re having difficulty getting records out of a doctor... Brian Therrien: Okay. Don Rait:
...or, for example, say the doctor wants $30 for the records. Brian Therrien: Yeah, yeah. Don Rait:
We’re all familiar with that one.
Okay. In that case, I would
sign the VA form and have the VA ask for it and the VA doesn’t compensate
the doctors. The VA tells the
doctors this is what they need. So,
your Service Officer is going to be able to help you, mechanically, get
records that may be missing. In
some cases, and there’s legislation that takes care of this, there are rules
and practices that take care of this, in some cases the records of an incident
may be entirely gone or missing. They
could have been, let’s say, checked out to one regional office and lost
there, a myriad of reasons. Brian Therrien: Um-hum. Don Rait:
But, there are still ways to put the case back together and have the VA
make a judgement. Brian Therrien: Okay.
Now, regarding the pension. You
mentioned that, you know, it doesn’t take as long as service connected.
Can you...what are the expectations?
I mean, is there...month wise? I
think it’s months. I don’t
know. Don Rait:
I’m only familiar with this regional office, but they seem to be able
to get a pension done in three to five months, sometimes shorter. Brian Therrien: Okay. Don Rait:
In this case, as with Social Security, it’s perfectly permissible to
say there’s a dire need. Brian Therrien: Um-hum. Don Rait:
And, in some cases, the VA will react almost instantaneously. Brian Therrien: Um-hum. Don Rait:
In other cases, for some reason, you end up being snarled in the
bureaucracy. Brian Therrien: Okay. Don Rait:
One point that we didn’t talk about beforehand, but, that I think
would help. Don’t be scared, at
some point, if you really get frustrated with the VA, to either write your
Congressman or go see your Congressman. They’ve
got congressional aide, they have different phone numbers, they have different
contacts, and they can, actually, help influence your case. Brian Therrien: Okay.
Now, is this...is this bef...if it’s just dragging out or they’re
denied? I would...can they get
denied a pension? Probably, right? Don Rait:
Yeah. Brian Therrien: Yeah? Don Rait:
You can get denied anything. Don Rait:
So, in all of these things there are processes to ask for a
reconsideration. That’s not the
jargon that the VA uses, but you can write a Letter of Disagreement in the
case of service-connected compensation. You
can always ask for a reconsideration. One
of the things that is very good about the VA is they try to explain the reason
for the denial in the letter. In
the case where you say, I disagree and I want you to reconsider it, then, by
law, they have to go back and show you how they have made the decision.
In many cases, you can just pick apart what they have said and turn it
around on them and overcome their objection and get an approval. Brian Therrien: Okay.
And would you use the same, I’m going to use the word representative,
to help you with that process? Don Rait:
Yes. Brian Therrien: Okay. Don Rait:
Each service organization has attorneys on staff... Brian Therrien: Um-hum. Don Rait:
...if the case goes that far. Brian Therrien: Um-hum. Don Rait:
But, veteran’s cases go to a regional office.
After all of your appeals at the regional office have been
exhausted...I’ll just stop for a moment. Brian Therrien: Okay. Don Rait:
There’s a position called a DRO in a VA regional office.
It’s a Decision Review Officer. Brian Therrien: Okay. Don Rait:
You can actually have a face-to-face hearing with that person.
You can take your wife if you want, you can take a friend, you can take
your own evidence, photographs, medical evidence, and you can go down and you
can sit and have a meeting and that guy or gal will gather the evidence and,
in many cases, tell you right then and there if you can get me this, I’ll
approve your request. Brian Therrien: It’s that...it
sounds...that sounds easy, easier, than a lot of other processes that I’m
familiar with and you’re familiar with, right? Don Rait:
Well, here’s the greatest thing about the VA.
The level of proof required in order to prove a veteran’s claim.
Just imagine a teeter totter, we’ve all been on teeter totters as a
kid, right? Brian Therrien: Um-hum.
Um-hum. Don Rait:
Okay. If you can get it
just where it’s even just a little bit higher on your side... Brian Therrien: Um-hum. Don Rait:
...then you win the case. Brian Therrien: Okay. Don Rait:
You don’t need the preponderance of evidence.
You need to...all you need to do is have slightly more information,
slightly more proof, and the benefit will be awarded. Brian Therrien: This is good.
One other thing that just came up that I’m thinking about is somebody
applies and receives a pension. Can
they also have...can you have a pension and a service-connected compensation?
Can you receive both? Can
you apply for both? How does that
work? Don Rait:
You can apply for both. You
can’t receive both. Brian Therrien: Okay.
So, you... Don Rait:
So, in most instances where a person...it’s pretty black and white
once you understand the process. If
you...if your injuries and your disabilities have taken place after the
service... Brian Therrien: Um-hum. Don Rait:
...you’re going to be getting a pension.
You’re going to be trying to get a pension.
And if you’re at a high-income bracket, you know, you won’t
qualify. It’s only for those in
need... Brian Therrien: Okay. Don Rait:
...and coincidentally, service-connected compensation, there is no
means test. You can...they will
never ask you what your income is. It
doesn’t matter. Brian Therrien: Alright.
Okay. Don Rait:
And, obviously, both of these are tax free. Brian Therrien: Okay.
Yeah, it seems to be in line with with Social Security insurance versus
Social Security disability insurance. In
some ways. Don Rait:
Yeah. In some ways. Brian Therrien: Okay.
Alright. Now, can we move
on and talk about service-connected compensation? Don Rait:
Sure. Brian Therrien: Okay. Don Rait:
This is the area I have spent the most amount of time in and seems to
be the most rewarding. There are
all kinds of service-connected compensation.
Hearing loss. I’ll give
you some really ridiculous examples, but they’ve happened.
I’ve seen them happen. A
guy playing football, twisted his knee, has permanent knee damage.
It happened on active duty, so he can apply for service-connected
compensation. Everybody,
typically, thinks it’s got to be a wound or a broken leg in training or
something. That’s not
necessarily so. Brian Therrien: Okay. Don Rait:
To take it to an extreme level, since we have so many ladies in the
military today, there have been cases where, unfortunately, there have been
rapes that occurred on active duty and many of these women have suffered
posttraumatic stress disorder. That’s
a compensable service-connected compensation, but I would say that the normal,
everyday, average compensation is about a wound, a broken leg, a strained
back... Brian Therrien: Um-hum. Don Rait:
...malaria, you know, just a whole myriad of things, but never ever
ever exclude anything. What I tell
people is make a list of every single thing that ever happened to you while
you were on active duty and we’ll work through that list. Brian Therrien: Good place to start.
I hear a lot of, you know, the members that come through here with PTSD
that’s service related. That’s
just... Don Rait:
Talk about that? Brian Therrien: Pardon? Don Rait:
You want me to talk about that? Brian Therrien: Well, I just threw it out
there. Yeah, if you’ve got
something to share about it, sure. Don Rait:
Well, I’ve got PTSD. I
know a bit about it. I’ve
studied, I’ve been in groups, I’ve received treatment for it.
Posttraumatic Stress Disorder, if you’ve been reading the national
media, many many many of our troops are coming back from Iraq with symptoms of
PTSD. I won’t try to diagnose
PTSD, but PTSD basically is a reaction to a horrendous experience that is out
of the norm. A murder, an IED, you
know, severing of a leg, sustained combat can do it. Brian Therrien: Um-hum. Don Rait:
And the symptoms are that, basically, these people have a problem
controlling their anger, anything, a smell, a touch, anything that reminds
them of the incident or the environment will take them back.
Many of them have an exaggerated startle response.
If they hear a car backfire or the door of a car slam, they nearly jump
out of their skin. It’s a
national problem. I have read that
it’s on the order of 30% of the combat troops coming back from Iraq have got
PTSD and the VA is struggling to gear up to be able to treat this. Brian Therrien: Okay.
Wow. Wow.
Well, thanks for sharing that with us.
You know that’s...it’s..it’s...it’s interesting to hear that.
The thing that I’m wondering, and I don’t know if you know the
answer, is it more challenging to to prove a PTSD-type claim versus, you know,
you know something that’s physical? Are
there any tips that you would, I mean, would one need to bring the same type
of information. Anything
additional? Don Rait:
It’s a different strategy. The...let
me make one comment. A number that
I saw during one of my training phases was that 51% of the applications that
the VA is having right now are psychiatric in nature.
So, it’s huge. I thought
it would be 10% or 15% percent or something like that.
The question is, you know, are the...do you bring different things to
prove your PTSD? Brian Therrien: Correct.
Yeah. Don Rait:
Essentially, the VA sets up a series of hoops.
You have to prove A, this is for a male now, talking about combat,
totally different standards for females, but were you in combat, what your MOS
was, what unit you were with and then you have to absolutely...you have to
detail and event or more that will satisfy the VA that it had long lasting
effects on your life. It’s not
something so simple as I saw, you know, a pile of dead bodies. Brian Therrien: Um-hum. Don Rait:
You know, all of us have seen that in the clips of World War II.
It’s a different strategy and that’s where you’ve got to have a
lot of confidence in your...the person...your representative, because it’s a
big part of the business these days and they know how to coach you in terms of
what you need to provide to the VA. Brian Therrien: Great.
Thanks for sharing that with us. That’s
really good information. Don, back
to a more general question for service-connected applicants.
I just want to see if there is anything in addition or different to the
pension application that one should be aware of to bring other than what you
had indicated before? Don Rait:
That’s an identical process. Brian Therrien: Okay. Don Rait:
In fact, you use the same form. Brian Therrien: Okay.
Okay. Don Rait:
The form is called Application for Compensation and Pension. Brian Therrien: Okay.
Alright. Now, about this
process. My understanding, as you
mentioned, it takes a little longer. What
can one expect for the approval process here? Don Rait:
Okay. Let me give an
analogy. It’s like a basketball
game. Once you put the ball in
play, your goal is to keep it in play. So,
here’s how most claims work for service compensation.
You’ll get approved for 10%, you’ll get approved for 20%, you’ll
get denied, then you go through the process of overcoming the denial.
It’s a progressive thing. Now,
in very severe cases, it’s open and shut.
All of the evidence is there. Traumatic
brain disease. Brian Therrien: Um-hum. Don Rait:
Stuff like that. Brian Therrien: Um-hum. Don Rait:
Some of these guys are horribly wounded.
The VA’s not going to deny them.
They’re just...they’re going to say yes.
And one of the things that I should hasten to add is there are other
incremental steps above the $2,600 level that I talked about for 100%.
When a person got an amputation, there is another payment for that on a
monthly basis. Anyway, it’s
progressive having to do with the degree of disability.
A person’s in a wheelchair, it’s bigger.
If a, you know, on and on and on. It
can go up to, I think, it’s about $6,000 a month. Brian Therrien: Okay. Don Rait:
But, there are also very specific programs to help people get
their...get a ramp on their house and get the doors widened and get a car that
they can operate with hand controls. The
VA really does a pretty good job of trying to help people with
service-connected conditions. Brian Therrien: Okay.
Here’s an interesting thing I would like to just see if we could zero
in on a learn a little bit more about. So,
if you...when you’re sitting down with your representative and you’re
going through the application process, will the representative say well, based
on my understanding of your situation, I think that you would qualify for 80%
disability from the VA? Is
that...is that...would they...would they give that assessment up front,
because then I have a second part of my question? Don Rait:
I’d run like a scolded cat if they did. Brian Therrien: And...because that’s bad
news or? Don Rait:
No. Because they don’t
know. Brian Therrien: Oh.
Okay. Don Rait:
Their job is to present the case. Brian Therrien: Yep. Don Rait:
Not to make the decision. Brian Therrien: Yep. Don Rait:
I have seen some old timers that will try to say, okay, you’ll
qualify for 50%. They don’t
know. The Adjudicators, that’s
the name of the...there’s a specific position in the VA and they’ve got a
whole bunch of them and they’ve got these big manuals that tell them what
they can...what they have to...the levels of proof that they need.
Yeah. I would not...I would
not listen to anybody that was giving you a percentage. Brian Therrien: Okay.
Then then here’s my more direct question, I guess, if I am an
applicant going in and applying for VA benefits, do I have any idea what my
possible rating would be in advance? Is
there any way that... Don Rait:
The Service Officers can talk in ranges. Brian Therrien: Okay. Don Rait:
I think that’s professional. I
think that’s appropriate. Brian Therrien: Okay.
So, the next part of my question would be, and I ask that because,
I’m just thinking if somebody’s going to go in and apply and they apply
and they’re awarded for 20%, well if they...if they don’t know if 20% is
fair or not because their expectations haven’t been set going in; fair to
say? Don Rait:
Absolutely. So much of what
happens when you’re with your service representative is...he’s going to
educate you and also you need to educate yourself.
Example, if you come in and you have diabetes and you were exposed to
Agent Orange Dioxin in Vietnam, and you’re not on insulin and you’re
taking pills, it’s 20%. Now, in
that case, the representative could say, okay, based on the proof that I see
here, I think it’s reasonable for you to expect to get 20%. Brian Therrien: Um-hum. Don Rait:
But, so many of these cases, there are multiple disabilities. Brian Therrien: Um-hum. Don Rait:
And that’s when it gets real tricky in terms of guessing what a
person’s going to get. Brian Therrien: Okay.
Alright. Now, on to a
slightly and, oh, just one more thing. Same
rules apply? If you’re denied,
you can go back and appeal it, correct? Don Rait:
That’s why my basketball game analogy. Brian Therrien: Okay.
Good. Don Rait:
They give you a certain amount of time.
If you are denied, they will say, you have one year from the date of
this denial to appeal. Brian Therrien: Okay. Don Rait:
So, don’t ever let the time expire. Brian Therrien: Great.
Okay. Okay, now, once
somebody goes and applies, what about other benefits?
Can you get, you know, let me ask it this way, if you’re in the
service, you’re paying, you’re getting paid and they take federal income
tax out, which applies to the Social Security Benefit Program; is that
correct? Don Rait:
It does with Social Security, but it does not with VA. Brian Therrien: Well, let me...let me ask my
question. Could somebody also
apply for either one of the two programs, one of the two VA programs and also
apply for Social Security Disability? Don Rait:
Yes. Brian Therrien: Okay.
Okay. Don Rait:
A lot of people think they can’t and don’t. Brian Therrien: Well, you’re...you’re an
example. You’re on... Don Rait:
I’m on both. Brian Therrien: ...you’re on both.
Okay. Alright.
Great. Well, that’s good
to know and, also, I think it would be probably not as common, but there’s
also private insurance. If
somebody was to actually go out to an employer at some point in time and get a
long-term disability policy. Can
you speak to that? Don Rait:
In terms of an offset? Brian Therrien: Well, no.
Not so much an offset, but one could also get a long-term disability
compensation and Social Security compensation and VA benefits?
Is that possible? Don Rait:
Yes. More likely it would
be...without a doubt it would be service connected, a wound or an injury. Brian Therrien: Okay.
Alright. Good.
Okay. Great.
Any other tips you can think of to to maximize the approval process? Don Rait:
No. 1, stay organized. Make
sure that you have every single letter that you get from the VA, because
you’ll get a flurry of them. Brian Therrien: Um-hum. Don Rait:
No. 2, answer every letter. No.
3, anytime you don’t understand something, go see your rep.
Many of these reps are working 40 hour a week.
If it’s not that, they’re there, you know, Tuesdays and Thursdays.
They’re not inaccessible. They’re
easy to get to. And sit down and
ask them, what should I do about this? Medical
records. Keep a...and keep a copy
of everything. First thing you
want to do is go down to Kinko’s and get one of those cards that entitles
you to make 100 copies, because that’s just a start. Brian Therrien: Um-hum. Don Rait:
But, keep a copy of everything and stay organized.
Because, a lot of times, this is shocking, but the VA’s going to lose
your records. Brian Therrien: Oh, man. Don Rait:
And they don’t have any qualms about writing to you and saying your
records have been lost. Brian Therrien: Um-hum.
Um-hum. Okay.
Would it also be helpful to put in there the right selection process
for your representative? The tips
that you gave on that, right? Want
to get off on the right foot with the right person during your application? Don Rait:
Yeah. You’ve got to feel
like you’ve got the person who’s in your corner. Brian Therrien: Great. Don Rait:
You’ve got to feel like that person has a level competence.
You may end up seeing several people before you think this is the
person for me. Brian Therrien: Um-hum.
Um-hum. Good.
Well, this has been fantastic. I’ve
learned a bunch of information and, you know, I I really want to thank you for
taking the time and putting the effort and the energy into this and I’m
sure...I know you’ve helped thousands get their benefits, but this work here
will help thousands more. So, I I
thank you for the work that you’ve done and, also, for serving our country
and everybody else out there that has as well. Don Rait:
Well, it’s been my pleasure. I’ve
gotten more reward out of this than anything else I’ve ever done and
there’s nothing more rewarding than being able to help somebody else. Brian Therrien: Very nice.
So, so, for listeners, to conclude, there’s resources on this page,
that you will see on this webpage. If
you scroll down, it will you with your VA and other disability-related needs.
So, we hope that these have, and this interview, helped you understand
the process and maximize your chances of getting your benefits and everything
that you’re entitled to. So,
Don, thank you again. I appreciate
your time. Don Rait:
Thank you, Brian.
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