A dentist will tell you - for free - how to keep from getting cavities.
A mechanic will tell you - for free - how to check your car for major problems.
Why can't a Veterans Disability Attorney tell Veterans basic tips on how to improve their VA Claims?
Check out my newest feature on the Veterans Law Blog: "Veterans Disability Q&A".
Have a question? Learn where to submit YOUR questions
1. attiglawfirm.com http://www.attiglawfirm.com/shoot/veterans-disability-attorney-qa/
A Veterans Disability Attorney Answers Your Questions.
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.
*****
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.
2. Knowing the VA Claims Process
helps you to BETTER choose the
battlefield that you want to fight
the VA on.
Find out what the VA is REALLY
telling you when it sends the
Statement of Case.
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.
*****
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.
*****
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