Anyone knows how long after you retire do you have before you can no longer submit a VA Form 21-526 (Veteran's Application for Compensation and/or Pension)?

You're never notallowed to apply. It's recommended you apply as soon as you can, and you can start the process before you retire.

The rule is - apply within one year of your discharge/retirement and the disability is tied to that date. If you wait for more than a year, the disability is tied to the later date.

Get a VSO (veteran's service officer)from the VFW, DAV or one of the others, preferably in the city you'll be calling home. Don't think you can handle it on your own - the VSOs are trained to get your claim through the red tape with as little pain as possible.

Get started now; the influx of Iraq vets is slowing down the process, and what used to take 6-12 months is now taking 12-18. And yes, the claim is retroactive.

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Get started now; the influx of Iraq vets is slowing down the process, and what used to take 6-12 months is now taking 12-18.

Or in my case, 25 months and still counting.

Whoa, thanks for the info. I retired in 2002 & unfortunately got discouraged by all the paperwork and red tape associated w/ the application. Now I regret it and I'm considering submitting the package. But considering that I waited so long, I don't expect much if anything. Thanks!

If you have a valid claim you should eventually get rated. For some it is a quick process, while others wait years. My last claim took about 3 years from start to finish. Even if it takes 5 years it will be retroactive to the date the VA got your claim. Depending on your %,10-40% you will be able to refile (1040X)your taxes,50% and higher you will get CRDP.

Keko -- There is no time limit on submitting your claim. I work at the VA and checked with those in "enrollement" prior to posting this.

Wray...

Will do Wray, but as I indicated, the papework and the information on the web is not user-friendly, which was my original reason for not pursuing it from day 1. I know, a poor excuse on my part. Thanks all.

Keko -- if you have a VA close by go in and see the people in the enrollment section.

Wray...

Hey Keko,

Before ya go thru all of the "BS" to file for an SC condition, take a moment to review ya have something rateable by the VA.

Heres a rough(very rough)idea of how & what the VA considers service connected and will MAYBE get ya rated:

http://members.aol.com/davdomi/svsconn.html

Ya have to prove 3 basic things,

ya didn't have it when ya entered the military,

ya got it while you were in the military,

and(and this is usually the stumbling block),

the issue, injury, disease, whatever is impacting you in your current daily life.

What ya gotta prove to the VA is that the injury, disease, whatever yer filing for has led to some residual from said injury, disease, whatever.

In your case, seeing as its apparently been a couple, 3 years since ya got out, is prove(thru medical records) that since you've gotten out yer being seen by healthcare professionals for continuing care for some disease, injury, or illness that you incurred while on active duty.

Make sure there is documentation of whatever it is in your military medical record, and then make sure you have post military medical records showing a continuation of medical care of said condition.

One little caveat, that you may benefit from, is that the VA also have a list of what they call "presumptive service connected conditions". If what you have is on that list then the VA automatically assumes you got it while in the military.

And finally, no matter what the VA says to you, if you have proof that ya got it in the military and ya still have problems with it now that your out, DO NOT, under any circumstances, give up.

DO NOT; under any circumstance, think that the VA(the agency asa whole, NOT people like Wray that work there) is "your buddy" or is gonna work exclusively towards your best interest.

If ya do this make sure YOU yourself read every rule, regulation, policy, or precedent they quote in your case, as nine times outa 10 they've either applied it wrong, or only applied the section THEY THINK applies to you.

Ya MAY get lucky, file, and nine 10, 14 months later Bada-Bing, Bada-Boom, get a rating, or ya might not.

Ya can't go into this thinking "I'll just file some paperwork, sit back, and wait till the checks start rolling in".

YOU have to be VERY pro-active about this. If ya wanna go ahead and use a veterans service organization(VSO), go ahead, but DON'T put it all in there lap and forget about it, expecting it all to be done by them.

I was already SC in 1994 when I couldn't work at my chosen craft due to my SC. So I "re-opened" my claim for more. I wanted 100% cause thats what the VA's rules and regulations said I was entitled to. Plus that little thing I couldn't work at what I had done the past almost 20 years because of my military injuries.

I had all the medical proof, I had all the medical documentation. ALL OF IT from the VA.

So in Feb of 1995 I "re-opened" my claim. Settled at 100%, July of 2000. Had to fight 'em at every turn and ended up at the Board of Veterans Appeals(BVA) in Wash DC. Threee different times asa matter of fact. My local VA office had made such a mess of my case and screwed it up so bad the BVA took my case and made my decision for me(100%, P&T), retroactive to Feb of 1995.

I also had a VSO from a vets service org as well. I had to fire him about halfway thru my appeal at the BVA cause I found out he was signing stuff on my behalf(ya give the VSO a "POA" to work yer case) without consulting me 1st.

I ain't trying to scare ya off, just telling ya it MIGHT be easy, or it might not be.

But no matter which way it works thru the VA, if you think(and can prove)ya got a service connected disability, keep going and don't give up!!!-JRC

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But no matter which way it works thru the VA, if you think(and can prove)ya got a service connected disability, keep going and don't give up!!!-JRC

Keko - John Coffey gives very good advice...He is one of the people I talked to a few years ago when I was getting my claim settled...(Took me several years - not all the VA's fault I may add) Anyway, with the help (advice) from John and a couple of others, my claim was settled finally with an 80% disability...Good luck...

Gunk

Thank you all!!!

eCFR Chapter 38 part 4

VA References

Forms:
Fillable Application for Comp & Pen. Opens in Adobe Reader, but you can fill it out on your computer and save the information. VBA Form 21-526

Fillable Statement in support of claim: VBA Form 21-4138

Fillable Declaration of Status of Dependents. http://www.vba.va.gov/pubs/forms/VBA-21-686c-ARE.pdf. You probably should submit copies of your marriage license and the birth certificates of any children you may have. Spouse and dependents have an affect on your comp amount if you are rated 30% or higher. Submit this with all the other forms together as one package with your claim.

You should take a look at these Disability Exam Worksheets too. Be familiar with what they will be checking at your Compensation and Pension Exam (often referred to as Comp & Pen or C&P).

Board of Veterans Appeals Search is a good place to look to see how appeals are handled. Appeal is the last resort after all efforts at the local level have been exhausted.

Current and Historical Compensation Rates

With any luck you got a copy of your medical record before you retired. If so, use excerpts from that to provide the documentation to support your claim. Organize it, highlight pertinent parts. The cleaner and more complete the package, the easier it is for the raters and to get through the process quicker. Since you have been out for a few years, you should also provide copies of any new medical records (from private or any other medical facility you have been to since retirement) that support your claim. Usually you can call ahead and request copies for a certain period (like from 2002 to present, or whenever you began to receive care there). It takes a couple weeks sometimes, but if you do it, you know what's going to the VA. If you let the VA do it, you have no idea what is being sent in. Again, use a highlighter. If you mail it, be sure to use 'return receipt requested' card.

You may also consider using the DAV or another service organization to work on your behalf. Not a great deal of benefit if you can put the claim together yourself, but they usually find out a couple of weeks before you get the official letter from the VA on their decision.

Good luck to you!

--Jim
Life is good!