DEPARTMENT OF VETERANS AFFAIRS
Regional Office
251 North Main Street
Winston-Salem, NC 27155
May 17, 2007
In Reply Refer To:
318/00
Philip Jones
WNCT-TV
Greenville NC
PJones@wnct.com
Dear Mr. Jones:
The Department of Veterans Affairs fully appreciates your need for a better understanding of the
compensation and pension claims processing for your story. We hope this explanation will help to
identify the myriad of factors that go into our very careful consideration of each veteran’s claim for
VA compensation.
When a claim for disability benefits is received, the VA Regional Offices consider all evidence
provided, including physician records, military service medical records and witness statements when
reviewing a veteran's claim for disability.
When evidence is insufficient, we have an obligation in accordance with Veterans Claims Assistance
Act of 2000 (H.R. 4864) to assist the veteran in gathering any supporting evidence to prove eligibility
for benefits.
When evidence is requested from third parties (such as private medical professionals) we are required
to allow at least 60 days for the evidence to be provided. If VA hospitals or other federal agencies
have evidence such as military or medical records, we have a greater obligation to obtain their
information.
We also have an obligation to provide a medical examination or obtain a medical opinion if necessary
to decide the claim. Once an examination is requested, it routinely takes 30-60 days for the
examination to be scheduled and a report returned to the Regional Office.
VA disability raters review the evidence to answer two basic questions. The first is whether the
veteran has a disability that was incurred in or aggravated by his military service. By law, a disability
is connected to service if it is the result of an injury that occurred while on active duty and in the line
of duty. Also, many chronic medical conditions can be service-connected if they occur for the first
time while on active duty.
If the evidence establishes that there is a disability and that it is connected to service, the rater must
then determine the level of disability that currently exists. We determine the level of that disability
based on a regulatory scale for each type of condition. This rating schedule is found at 38 CFR Part
4. The percentage ratings represent as far as can practicably be determined the average impairment in
earning capacity resulting from such diseases and injuries and their residual conditions in civil
occupations. Generally, the degrees of disability specified are considered adequate to compensate for
considerable loss of working time from exacerbations or illnesses proportionate to the severity of the
disability.
Response to Philip Jones, WNCT
May 17, 2007
The rater looks at the evidence provided to determine the highest percentage evaluation that can be
supported. As a general rule, the rater does not meet in person with the veteran, although every
veteran has a right to request a personal hearing where they can present evidence in support of their
claim. Veterans are also commonly represented by accredited Veterans Service Officers who
advocate on their behalf.
The Winston-Salem Regional Office provides veterans’ benefits to over 130,000 veterans and
dependents in North Carolina. To address issues involved with the heavy workload, we have worked
more than 15,000 hours of overtime since October 1, 2006. In March, we brought back five recently
retired decision makers to assist in deciding our oldest claims. We have also adopted aggressive
workload management procedures to identify cases that can be decided more quickly than the more
complex cases that require extensive research.
The Winston-Salem Regional Office has approximately 18,000 claims pending in its inventory. It
takes an average of 157 days to complete a disability claim, including the time to gather evidence,
review it, make a decision, calculate an award, and notify the veteran. Some claims do take longer;
however, many can be completed in less time. About three percent of claims take longer than one
year to complete.
The 440 dedicated employees at the Winston-Salem Regional Office are committed to treating every
veteran as an individual and with the utmost compassion. We provide helpful information to veterans
and grant compensation and pension in accordance with the applicable laws.
We believe this explanation provides an understanding of our operation and puts our efforts in
context. We are attaching a PowerPoint presentation that provides further information, visually
represented in a format you may be able to use in your story. Thank you for your interest in caring
for our nation's veterans.
Sincerely,
JOHN MONTGOMERY
Director