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There is but one sure way to determine eligibility - apply for the benefit.

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Jim Strickland is a nationally known advocate for veterans and a member of the Stateside Legal Advisory Board. This column appears with his permission. Jim's opinions are his own.

NOTE: Letters in my Q&A columns are reprinted just as they come to me. Spelling and grammar are left as is and only small corrections are made to improve readability, ensure anonymity or delete expletives that may offend some readers. This is not legal advice. You should always seek the advice of an attorney who is qualified in Veterans' law before you make any decisions about your own benefits.

Jim,

I have made several attempts to acquire my medical records to determine my eligibility for Veteran's Benefits. Unfortunately, I have been unsuccessful. I am asking for your help. You can contact me via email or telephone.

Thank you for your time and consideration

Reply:

This isn't an unusual situation.

Veterans who believe that they may or may not be eligible for benefits often waste a lot of time asking for a way to determine if they are eligible.

There is but one sure way to determine eligibility...you apply for the benefit. If VA denies the application, you may want to appeal it. If VA approves it, then you have your answer.

Once you apply for a disability compensation benefit the VA has what is referred to as a "duty to assist". VA is required to search the system and help you hunt for medical and any other records that will help you determine eligibility.

Filing a claim now sets the effective date of the claim. For example, if you file in January 2012 and your claim is decided in March of 2014, VA will date the claim to 01/2012 and pay you all the retroactive benefit due.

I'd suggest that you read up here http://www.vawatchdog.org/How_To_File_A_Claim.html