SERVICE OFFICER JOHN LAVERY
VFW-DSO
CLAIMS REPRESENTATIVE
Cheyenne VA
2360 E. PERSHING BLVD
CHEYENNE, WY 82001
John.Lavery1@va.gov
Phone 307-778-7340; FAX 307-778-7549
Vicki Richards, Claims Consultant
VFW Service Office
Cheyenne, WY 82001
Vicki.Richards@va.gov
1. If a Veteran wishes to file for a claim or claims then the following will be of great help:
a) If the Veteran has already retired or been honorably discharged from the military the Veteran will want to fill out a VA Form (VAF) 21-526.
The first four pages are instructions on how to fill out said form.
If the Veteran is filling out the form for disability only then the portion of the VAF 21-526 dealing with Pension need not be filled out.
It would be of a great help that when the Veteran is ready to file the form he/she has any copies of their military medical records that they may have on hand. Instead of hoping or thinking that the VA will acquire those medial records, it would be wise to provide the VA copies of what he/she may have. Being proactive is better than being reactive, I always say.
The Veteran will also have to provide a copy of their marriage certificate and/or birth certificates of any children/dependents under 18 years of age and/or children in college under the age of 23 years of age.
b) If the Veteran is still in the service and is retiring/getting out within the next 180 days a VAF 21-526c will have to be filled out. If this Veteran is married/has children then a VAF 21-686c will also have to be filled out.
A copy of the marriage certificate and birth certificates for children (as outlined above in “a”) will be needed also.
A “yet to be discharged/retired” Veteran will not know the status of their claim(s) until the VA receives a copy of their DD 214.
All QUICKSTART/BENEFITS DELIVERED UPON DISCHARGE (BDD) claims go to Salt Lake City, UT. So when then VA in Cheyenne or Sheridan gets the DD 214 they will FEDEX/UPS next day deliver it to SLC.
As I have mentioned before, the VA, in going through a Veteran’s service treatment records (SMR) will notate those disabilities that are chronic in nature. If a Veteran was seen several times for his/her back and it was documented by that military facility/sick call/clinic/hospital properly.
If the Veteran wants to file a claim for bilateral hips because he was a paratrooper; then hopefully he was seen on several occasions for that condition. If the Veteran was never seen for his hips while in the military, chances are the claim(s) will be denied. Food for thought.
c) At this time I would like to address the issue of Individual Unemployability (IU).
In order to meet the minimum requirements for the following must be met:
• Veteran has a service-connected disability at 60% or a disability of 40% for a combined total of 70% or more and a doctor’s statement (either VA or private provider) that states the Veteran is unemployable because of his/her service-connected PTSD or back condition or whatever.
So if a Veteran is service-connected (60%) for his/her back (person is, for instance, a truck driver) and cannot work anymore because of this disability; then we can file for IU if the Veteran can get a statement from his/her doctor informing the VA of this new development.
If this particular Veteran is a truck driver and is service-connected at 40%
for his/her back condition, but is rated at (combined) 70% for all
disabilities then we can file for IU as long as we get the health-care provider statement.
Many, many times we are getting request for IU and it is because the Veteran has decided he/she doesn’t want to work or can’t work because of the service-connected disabilities.
If the Veteran is service-connected at a lower degree of disability we can file for IU, but we must ask for an “Extra-Scheduler Decision” which is VA lingo that a managerial decision has to be made for this type of IU from the VA. I have been in this office for a year and I have yet to see a ESD IU approved!
Any questions, please call me.
Thank you.