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Veteran wants to file a VA disability claim or upgrade a discharge

Use when a veteran has an injury or illness from service and wants VA disability pay, was denied, or has an other-than-honorable or bad paper discharge that blocks VA help.

In danger right now: call 911. Crisis or thoughts of suicide: call or text 988. Not sure where to start? Call the Silver City Gospel Mission: 575-388-5071. Police, fire or sheriff, not an emergency: 575-388-8840 (Central Dispatch). Print our list of phone numbers → · Food pantry calendar → · Free meals calendar → · Getting there: bus and rides →
These are the same steps our staff use when they help someone. "They" means the person who needs help: you, or someone you are helping. Go in order, and call ahead when you can.
In this guide
  1. Start with free, accredited help
  2. Lock in the start date: Intent to File
  3. File the disability claim
  4. Other-than-honorable or bad paper discharge
  5. If the claim was denied or the rating is too low

1Start with free, accredited help

You can ask"Did you serve in the military? Do you have health problems from your service?"
You can ask"What kind of discharge do you have? Do you have your DD-214?"
You can say"Filing a VA claim is free. A Veterans Service Officer can do it with you at no cost."
NM Department of Veterans Services - Silver City Veterans Service Officer
Veterans service officer (VA claims help)
575-313-5627
1000 W College Ave (WNMU Juan Chacon Bldg, Rm 138-A), Silver City · Weekdays (call)
DAV Chapter 1 - Grant / Fort Bayard
Disabled American Veterans chapter
575-313-5594
409 W College St, Silver City · Meets 2nd Wednesday of each month, 11:00am
American Legion Post - Silver City
Veterans post: fellowship, referrals and possible emergency help
575-956-5921
409 W. College Ave, Silver City · Post meets 2nd Saturday of each month at 10:00 am (breakfast 9:00 am); call for other times
Never pay anyone to file a first VA claim. Companies that charge up front ("claim sharks") are not allowed to. Only use VA-accredited helpers.

2Lock in the start date: Intent to File

An Intent to File tells the VA they plan to file. It saves their start date for up to one year while they gather papers.
If they win, back pay can go back to that date. File it right away, even before they have all their papers.
The service officer can file it, or they can call the VA or file online at va.gov.
U.S. Department of Veterans Affairs
VA benefits hotline
800-827-1000
· Mon-Fri 8am-9pm ET

3File the disability claim

The main form is VA Form 21-526EZ. The service officer fills it in with them.
Bring
  • DD-214
  • photo ID
  • Social Security number
  • names of doctors and hospitals
  • any medical records
  • bank account or Direct Express info for payments
The VA will set up an exam (called a C&P exam). They must go. Missing it can get the claim denied.
NM Department of Veterans Services - Rural Veterans Transportation Program
Free rides to VA medical appointments
505-429-5906
· Scheduling Mon-Fri 8:30am-4:30pm (closed 12-1 for lunch); request rides at least 3 business days ahead
At the Gospel MissionUse the FREE MAIL SERVICE so VA letters reach them: Their Name, c/o Silver City Gospel Mission, 111 S. Texas St., Silver City, NM 88061.

4Other-than-honorable or bad paper discharge

An other-than-honorable discharge does not always block VA help. The VA can decide they still qualify. Apply anyway.
Former service members with an other-than-honorable discharge can get emergency mental health care from the VA.
To change the discharge, they can ask their branch's Discharge Review Board (DD Form 293, within 15 years of discharge) or Board for Correction of Records (DD Form 149).
PTSD, brain injury, military sexual trauma, or a discharge for being gay must be given extra, "liberal" consideration.
National Veterans Legal Services Program (NVLSP)
Lawyers Serving Warriors: free help with discharge upgrades
202-265-8305 option 5
New Mexico Legal Aid - Veterans Program
Free civil legal help for veterans
833-545-4357
· Statewide phone/online; intake Mon-Thu

5If the claim was denied or the rating is too low

They can ask for a higher-level review, file a supplemental claim with new evidence, or appeal to the Board. Deadlines apply, usually one year from the decision letter.
Bring the decision letter to the service officer right away.
U.S. House of Representatives - New Mexico 2nd District Office
Casework help with stuck federal cases (Social Security, VA, IRS)
575-323-6390
115 W. Griggs Ave., Las Cruces
If they talk about suicide, call 988 and press 1. Stay with them.

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This guide is general information only, not medical, legal or other professional advice. Places and rules change, so please call before you go. In an emergency, call 911; in a mental health crisis, call or text 988. Disclaimer

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Questions, or want someone to walk through this with you? The Silver City Gospel Mission, 111 S. Texas St., Silver City, 575-388-5071, weekdays 9:00am-1:45pm. Everyone is welcome.