By Terry Howell
Get it in writing – a sound piece of advice for any deal. But maybe not something you would normally associate with getting advice or information from the VA. However, that is exactly what a veteran's program administrator recent told me, "make sure to tell veterans to keep a written record of their interactions with the Department of Veterans Affairs."
Why? The new Post-9/11 GI Bill is very confusing, not just to you, but to nearly everyone involved with the process; from school certifying officials to the VA phone representatives themselves. Everyday some new piece of information about the process trickles out and not everyone gets the word. This can result in you, the veteran, making decisions based on incorrect information and possibly missing out on the benefits you deserve.
So my advice is to keep a record of every interaction you have with the VA. Write down the time, date, and name of the person you spoke to, in addition to details of your question and the answer they provided. The point here isn’t to document everything so you can “fight the VA.” The point is to help you and the VA if it turns out you made a poor choice between GI Bill benefit programs based on incorrect information.
Making an Appeal - If you find that you were given incorrect information which caused you to miss out on the full benefit of your GI Bill you may have grounds to request to switch programs or recover lost benefits by seeking “equitable relief.”
Equitable relief is a type of appeal you can make when you have been misinformed by VA staff. In years past, VA would get somewhere around 10 such appeals a year for education related benefits. Only a few cases involved situations where a counselor gave veterans inaccurate information which caused them to be denied benefits. Due to the confusion over the new GI Bill, this number will likely increase in the coming years. The equitable relief process requires documentation to support your claim. According to the VA, veterans seldom have the required documentation needed to substantiate their claims resulting in their appeals being denied.
Insider Advice - If you are going to seek equitable relief, have the name, title, and date you spoke to a VA counselor. Since all VA phone representatives use an alias, for privacy reasons, submitting your questions online and keeping a printed record of the answers is a great way to ensure you have the required paper trail in case you later find that you were given inaccurate or misleading information. You can use the VA’s online Question and Answer section to ask questions and get documented answers.
Your GI Bill benefit choice is irrevocable. If you base your decision on what turns out to be incorrect (VA provided) information, you may have a legal claim to switch programs. If you don’t take the time to document your interaction with the VA you may lose your appeal before you even get started.
For all you "policy wonks," you can download the official copy of the Regulatory Citation which covers Equitable Relief.
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