VFW New Mexico

The Claim Process

How we handle your claim

First, you must sign a VA Form 21-22 which gives the Veterans of Foreign Wars the power of attorney to deal with the VA on your behalf. Filing this form with the VA automatically cancels any prior power of attorney that you may have given to another organization.

If you have never filed a claim with the VA before, we interview you, either in person or by telephone, to develop the facts of the claim. We review any evidence you may have, and if you don't already have them, we obtain copies of your military records and service medical records. We determine what type of evidence you need to obtain, and assist you in obtaining that evidence. After carefully reviewing your service medical records and current medical records, we recommend to you how we should proceed with your claim.

If you are currently rated for a service connected disability, and wish to apply for an increase due to your condition worsening, we will obtain a copy of your claims file from the VA, examine your current medical records and recommend how we should proceed with your claim.

If you have been turned down by the VA in the past, and wish to reopen your claim, we will obtain a copy of your claims file from the VA to determine why the VA denied your claim. Once we have done this, we will be able to recommend a course of action that may result in a successful reopening of your claim.

You should be aware that, although you may think you have a good case, the VA may not agree with you. Sometimes in attempting to develop your claim, we may arrive at the same conclusion. If we feel, for one reason or another, that we cannot help you, we will suggest other organizations that may represent you. Not all claims are winnable. We'll tell you if we think yours is in that category.

What does it take to win a claim

There are three elements to a well grounded claim: (1) Evidence that an injury, illness or disease occurred in service, (2) evidence of a current medical condition and (3) a nexus, or link, between #1 and #2. If any of these elements are missing, you can count on your claim being rejected by the VA.

Once you get past the well grounded part of the claim, the evidence of the service connected injury and the current medical condition will generally determine the outcome of the claim. We work to locate the evidence of the service connected injury and advise you on how to obtain evidence of the current condition. We then prepare the paper work, write up the claim referencing federal laws and regulations, and file the claim with the VA.

Should the VA deny your claim, we will file your appeal to the Board of Veterans Appeals for you. We will not represent all claimants at the Board of Veterans Appeals. If we decide not to represent you, we will attempt to find other representation for you.

How long will all this take?

That depends on several factors. It may take a long time for us to develop your claim. Your VA regional office may have a huge backlog of claims ahead of you. They may ignore your evidence and deny your claim, forcing us to go through the appeals process. If your claim ends up at the Court of Appeals for Veterans Claims, you may be fighting the VA over your claim for several years.

What do I need to do to get started?

You can contact your local VFW Post or District VFW Service Offices listed on our VFW Veteran Services Resource Page or email us at vfwnm@juno.com and we will have a Service Officer contact you.