If you go to a dentist, they will give you tips on how to clean your teeth to avoid cavities. Usually for free.
If you go to your mechanic, chances are they will show you how to do a quick safety check of your vehicle before driving – for free.
Why can’t a Veteran Disability Attorney teach you some of the basic things you can do to improve your own VA Claim?
For that reason, I’m going to start a new feature here on the Veterans Law Blog. Let me know if you like the concept, and how I can make it better in the comments section below.
Veterans Disability Attorney Q&A.
I can’t see a reason why Veterans Advocates should not teach Veterans how to improve their own VA Claims.
So, in today’s post, I’m going to answer a few questions that have come in through MailCall lately.
Just remember – nothing in this post is intended to be specific legal advice. If you need the rest of the disclaimers and legalese, you can read it all here.
Want to submit your question to Mail Call? Visit this link and fill in the form.
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Veteran Robert S. asks: “What are the PRINCIPLES of getting the VA to actually use your EVIDENCE during the claims process…and please don’t say use honey to attract bees.”
Answer: Robert, nothing can make the VA actually pay attention to evidence: even in the ideal VA, humans are still humans and see what they want to see. But, in my experience, following these steps will help increase a Veterans chances that the VA will see – and use – your evidence.
1) Get the right evidence.
2) Submit the Right Evidence
3) Include a Direct, Concise, and EASY argument that can help any VA Rater more easily understand the evidence.
4) When they deny your claim, use the VA Claims Process to your advantage. I call this “Choosing the Battlefield” – different levels of the process look at the claim very differently.
These steps are not easily explained in just one – or two – blog posts.
So, I’m working on a series of posts that will show Veterans how to learn and use these 4 steps. Thanks for the suggestion, Robert, and the question.
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Veteran Bill Z. asks: I just read Chris’ blog on the Statement of Case (see image to right). I just wanted to point out that the part about
requesting a DRO hearing was not mentioned. Also, it appeared to me that the VA implies that the Veteran is required to respond within the 60 days, but then states if s/he doesn’t reply the process continues directly to the BVA. Should the Vet respond to the Statement of Case?”
Answer: Let me answer the second question first. If you do not respond to the VA Statement of Case (SOC) by filing a VA Form 9 within 60 days of the date of the SOC, your appeal will be closed. Your only recourse will be to reopen the claim and start over.
To your first question, the Decision Review Officer (aka, “DRO”) hearing is typically requested when the Veteran files the Notice of Disagreement (aka, “NOD”), and will be conducted before the VA issues a Statement of Case (aka, “SOC”). You can request a formal hearing, which will be recorded by the DRO, or you can request an informal conference. The latter will likely not be recorded, but can be a good tool to understand the VAs position a little bit better. Read more about the DRO process, and why I like it, here.
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Veteran Ron F. asks: “I have been out of the Army since April 1999. I have made several different claims. Each time I try to do a follow up I am told by VA office in Louisville that they can not locate my records. My knee’s have permanent damage, my left shoulder has permanent damage, back trouble, I have sleep issues and I have a rash since the Gulf War 1990-1991. All of these injuries occurred while on active duty service. I have records from my civilian doctor for my rashes and treatment of my left shoulder. I’m not looking for a hand out just a fair shake, I feel like Uncle Sam has simply discarded me. Thank you for your time.”
Answer: Ron, I’m assuming that the VA is telling you that they cannot locate your military service – or military service treatment – records.
There are 3 things that we do when the VA tells one of our clients this.
First, we go directly to the units in which a soldier was stationed – in more than one case we have found that the unit preserved copies of soldiers medical records.
Second, we go directly to the medical facilities where the Veteran remembers being treated while in service. They may tell you that they don’t keep older records on site – be sure to ask where those records were archived. If you can, ask them for a government document transmittal form telling you whether or not your records were sent to the archives. I have had great success in tracking down Veterans medical records this way.
Third, when all else fails, use Lay Evidence to document your symptoms and limitations. Have your friends and coworkers, neighbors and family, colleagues, and fellow service members provide sworn declarations about the symptoms and limitations that they saw you experienced. You are competent to provide this information to the VA, and the VA and the BVA must give weight to this evidence.
Use the Lay Evidence Worksheets and the Sworn Declarations that are available in the Evidence Guidebook Packages (see picture to the left) to help you develop this evidence.
Want to Submit a Question to ask the Veterans Disability Attorney?
Want to submit your question to Mail Call? Visit this link and fill in the form.
Like the Veterans Disability Attorney Q&A?
Let me know if you like the concept, and how I can make it better in the comments section below.
