This is the second post in a series of posts: “5 Reasons the VA is screwing up your claim and how you have the power to fix it.”

REASON #3: YOUR ARGUMENTS FOCUS ON THE WRONG ELEMENTS.

The VA can, generally speaking, only deny an original claim for the lack of 1 or more of what we call, on the Veterans Law Blog®, the “4 Pillars.”

Pillar 1: Are you eligible for benefits and what happened in service that led to your disability?

Pillar 2: Is your disability service connected?

Pillar 3: What is the proper Impairment Rating for your disability?

Pillar 4: What is the correct Effective Date for your disability claim?

Not only are those the only 4 reasons that the VA can deny an original service connection claim, they are the only 4 reasons that the VA can grant a service connection claim.

When your pleadings and filings with the VA, in an original service connection claim, stray beyond those 4 elements, the VA is going to screw up your claim.

They’re going to latch onto something you said, take something out of context, or miss a critical fact on one of the 4 elements that they should have seen.

And, to be honest, in an original service connection claim, the more you focus on something other than those 4 elements, the more likely YOU are to miss something, or forget to prove something that was vital to your appeal.

AI recently studied a Vietnam veteran’s Claims File.

He claimed his diabetes resulted from exposure to Agent Orange while in Vietnam.

If you know anything about Agent Orange claims, if you served in the Republic of Vietnam, you are presumed exposed to Agent Orange. And, when you have been exposed to Agent Orange, the law presumes diseases like diabetes resulted from it.

So to win a claim to service connect diabetes based on exposure to Agent Orange, all you have to prove is that you served in the Republic of Vietnam and you have a diagnosis of a covered disability.

In the C-file for this veteran, he showed the VA all the problems his diabetes caused.

He wrote about deteriorated vision, debilitating pain in his fingers and toes. He talked of multiple hospitalizations over the last year. It was clear he could no longer control his diabetes with medication or exercise.

Sounds like a clean cut case, right?

The VA even conceded Agent Orange exposure in its decision.

But still, the VA denied his claim.

“Why” the Veteran asked, “is the VA screwing up my claim?”

The answer was simple, once we got into his C-File.

His file lacked any medical proof he had a current diagnosis of Diabetes.

He was so upset the VA denied his claim that he didn’t read the decision carefully.

He didn’t know that all he had to do was go to the VA Medical Center, request one medical record showing he was diagnosed with diabetes, and submit it to the VA.

Yes, the VA had a Duty to Assist and screwed up by not getting this record for him.

But what is the smarter course of action?

Spend 18 months berating the VA for failing to get a medical records or take 18 minutes and get it yourself?

Read carefully what the VA sends you.

The key to understanding the denial of your VA claim might very well be stated in the last document the VA sent to you. (Albeit, buried deep in a 14 page Ratings Decision written in a size 10 font).

You just have to take your time and wade through the “B.S.” to see it.

How do you know what is BS in a VA decision and what is not?

I used to joke that the safest thing was to assume that 95% of every VA ratings decision denying a claim is BS.

That’s not a joke anymore. There is 5% of any denial letter that is important.

To find it, you have to know what type of claim you have:

Original service connection?

Increased Rating?

Reduction defense?

Survivor Accrued Benefits?

Once you know what kind of claim you have, you have to know what elements of that claim are necessary to win.

If you are fighting for traditional service connection (not CUE, or increased rating, reduction defense or some other specialized claim), then I have a video course that will teach you more about service connection than most lawyers know. Take a look at that video here.

In short, what, exactly, is the minimum amount of information you need to give the VA to prove and win your VA claim?

All the rest of it is bureaucratic gibberish, meant to distract you from the real reasons the VA denied your claim.