Filing a VA Claim
“It is up to Congress to ensure that we repay our debt to the veterans of this country by upholding our responsibility to provide treatment and care for injuries and illnesses sustained while they served.”
-Michael Takano, Chairmen of the House Committee on Veteran's Affairs
"The Board notes initially that there is no presumption for microwave radiation exposure."
-MICHELLE L. KANE
Veterans Law Judge, Board of Veterans' Appeals
MIVN does not help veterans to file VA claims. We help veterans discover the likelihood of a microwave injury based on answers given in the Veteran's Microwave Injury Awareness Tool. We help veterans better communicate symptoms with a medical care provider. In no way are our assessments or awareness tools applicable to filing a VA claim. Results from our tools should never be submitted as evidence for a VA claim. The assessment and awareness tools are not evidence of an injury.
We can point you in the right direction and provide you with advice if you do decide to file a claim for your symptoms. We do not recommend filing a microwave injury claim because as Judge Kane stated, there is no presumption for microwave radiation exposure.
The VA strictly follows CFR 38 which does not allow approval of such claims at this time. We hope that CFR 38 will be changed to reflect the specific and unique occupational environments that require service-members to serve in continuous wave multiple collocated microwave stations and situations. To increase your chances of approval of a claim you should talk to a Veteran's Service Officer (VSO) or National Service Officer (NSO) and you will discover their power to access your in-service medical record and tell you what injuries are listed in your record. Those injuries that have either stayed with you and are now equal to or worse than when you first described them to the in-service care provider are possibly able to be disability rated by the VA because there is a "nexus" directly to your in-service medical record. The VA rates the disability percentage on a case-by-case basis.
We recommend the Disabled American Veterans NSOs.
However, there are other VSO representatives that may best represent your specific and unique injury needs. These VSOs are also recognized by the VA as accredited VSOs:
You may want to contact your Congressional Representative and ask for help (especially if you are struggling with homelessness or need help with working with any government agency). Remember, that your Congressional Representative is your representative to the federal government. You are a constituent. The VA shares funding with DoD. Since the Congress is in charge of funding, your Congressional Representative has the most power to help you. A State Governor's office is able to help you with securing state benefits if you are determined to be a disabled veteran by the Department of Veterans Affairs. State benefits can vary. There may be benefits for State Parks, housing, DMV, fishing licenses, state tax depending on the state that you live in.
We do not recommend that you try to be the first veteran to ever be awarded benefits for a microwave injury. There have been many veterans that have gone before you and only a few have been successful because of a particular judge's discretion. That is the exception to the rule.
Non-ionized injured veterans have no presumptive or non-presumptive illness category at the VA: The reason, we believe, is that the safety standards are based on charts that depict non-ionizing v. ionizing radiation as a single source pure wave (SSPW) environment. That is not how electromagnetic waves propagate in the real world. Military stations and platforms often use multiple collocated microwave devices and the energy reflects, scatters, diffuses, upshifts and energy hot spots are created. Here's an example of a skewed report that relies on the single source pure wave (SSPW) mindset:
If you already have been rated at a percentage of disability (e.g. 30%) then you have what is called a "fully developed claim." If your symptoms have worsened over time then you can always ask for an increase in benefits and, in that case, we also recommend that you speak with an accredited VSO or NSO. Tell the VSO or NSO that you'd like to request an increase. Your medical record has to show that your symptoms have gotten worse. Some veterans make the mistake of filing an increase on their own and advising the VA as to the level of percentage that they personally believe is fair. Don't be that person. Talk to a VSO or NSO.
If you feel that you are having an issue with the VA you can always call the White House Hotline at
855-948-2311 and report the issue.
VA disability benefits are earned and not given. The VA does not easily award disability benefits and some veterans are shocked to learn that they have to "fight" for benefits. If a veteran receives a benefit then he or she has been through a rigorous process to determine eligibility. This process can involve historical medical record review, buddy letter submissions, and numerous diagnostic appointments.