Choosing what VA disability claim evidence to submit can be a real puzzle. And nobody teaches Veterans how to make these decisions in their VA Claims.
Today's Slideshare teaches Veterans the 4 Principles of VA Disability Claims Evidence that my Firm uses when working with our clients.
Is Your VA Disability Claim Evidence Worth 5 Stars?
1. attiglawfirm.com http://www.attiglawfirm.com/move/va-disability-claim-evidence/
Is Your VA Disability Claim Evidence Worth "5 Stars"?
Do you know how to find and submit the best VA Disability Claim
evidence?
Most Veterans do not.
Every single day, I'm out interacting with Veterans - either in
person, or online - about their VA Claims.
What I've noticed is that most Veterans don't know how to find
and submit the right VA Disability Claim evidence.
Instead, they dump a whole bunch of paper and leave the VA to sort through it. When the VA doesn't respond - who
would, honestly - and they send more paper - whole heaps of paper, and leave the VA to figure it out.
I call this "Giving the VA a Haystack and yelling at them when they don't find the needle."
But, listen - I'm not blaming Veterans. They do this because NOBODY tells them how to submit better and more
powerful evidence.
Nobody - not the VA and not VSOs - take the time to explain to Veterans the basic concepts of evidence so that it is
easier for them to handle his or her own claim.
Any mechanic will tell you how to check your tires to see if they are balding.
Any dentist will tell you how to keep your teeth clean and reduce the need for fillings.
Given that...let me ask you this question:
Why can't VSOs and lawyers teach Veterans how to submit better VA Disability
Claim evidence?
Many VSOs don't often know a C-Clamp from a C-File and confuse more issues than they fix.
Courts issue contradictory opinions (the contradictions in Middleton and Stallworth cases confuse the process for
everyone) and leave the VA and Veterans community with concerns about the stability of the judicial rule of law.
And, in the Veterans' community, our equivalent of "Jailhouse lawyers" (what I call the VFW lawyer) spend a lot of
time blowing hot air.
(You know the guy - he's the one that tells you how he's service-connected at 1,000,000% for tinnitus because his
VSO knows the director of the VA Regional Office, etc., etc.)
The system is just too damn confusing - it was developed when more Veterans died in war than in the peace, and
there were nowhere near 21 million disabled American Veterans.
Let's Simplify Things: Here are my 4 Principles of VA Disability Claim Evidence.
These principles WORK. I used them to get a DRO Decision in a Veteran's appeal in under 60 days. I used them to
2. get a Veteran's claim for service-connection granted in 45 days.
I'm not promising you can get those kinds of results - I've put in way more than my "10,000 hours" honing my
experience and skills. I will promise, however, that if you stick to these 4 Principles, you will have a MUCH less
stressful time with the VA Disability Claims process.
Over the coming weeks, months, and year, I am going to explain MY approach to handling VA claims. Its how we
were recently able to get one Veteran's claim for service connection granted in under 45 days. And how we were able
to get a DRO decision in another Veteran's appeal in under 60 days.
It's based on a couple of principles:
Principle 1: A Thorough Knowledge of What is In Your VA C-File is CRUCIAL!
If you don't know know how much flour to use when making cookies, they are going to
taste like crap.
If you don't know what goes on under the hood of your car, you're never going to know
how to figure out why it isn't starting.
Same thing in a VA Claim: the Veteran that does not have a copy of his C-File will
never knowwhy the VA keeps screwing up his claim .
The C-File is the most important document in a VA Claim .
Principle #1: You should know the 3 ways to get your C-File - then go and get it....NOW!
Principle 2: Don't give the VA a haystack of evidence & get pissed if they can't find the needle.
When I was a kid, my uncle and I used to work puzzles together. The most frustrating
puzzles - the ones I walked away from - were ones that were all the same color and
shape.
There are good people in the VA - but don't expect them to help solve your VA Disability
Claim "puzzle" if you can't make it a little easier for them.
Principle #2: Master VA evidence - learn what pieces you need and show the VA Rater
how to make them all fit together.
Principle 3: There are 4 Pillars that must be solidly built in any VA Claim.
The Romans built structures that have lasted for centuries. Why? Because they used solid pillars to support the
massive structures they built.
Almost every service-connection claim needs to be built on what I call the "4 Pillars".
Principle #3: Learn about the 4 Pillars - and how to build them in your VA Disability Claim.
3. Principle 4: The key to Proving your VA Disability Claim is to use "5 Star Evidence".
Evidence is to a VA Claim what Special Sauce is to a Big Mac. It is the Colonel's secret Fried Chicken Recipe.
Principle #4: Keep reading this post to learn more about 5 Star Evidence.
5 Star Evidence in a VA Claim.
When I analyze a VA C-File , I assume that something is untrue
until I see a piece of evidence to support it.
There are generally only 2 categories of evidence in a VA
Claim: lay evidence and medical evidence.
Lay Evidence is the Bullet, and Medical Evidence is the Rifle:
one cannot work without the other.
If you don't use the best bullets, and the best rifle, you limit
your ability to hit a target.
Same thing goes for VA Disability Claims evidence: build any 1
of the 4 Pillars with crappy evidence, your claim stands a good
chance of failing - best case scenario, without the right
evidence your claim will take FOREVER!
Our approach at the Attig Law Firm is to use "5 Star Evidence:
What is 5 Star Evidence™?
Evidence that is 5 Star Evidence meets each of the following
criteria:
1) Competent: Generally, competent evidence is evidence
that is proffered by one that has personal knowledge, or who
has specialized experience or expertise to attest to certain
facts.
When we are talking about "competent evidence" in a VA
claim, the question to ask is this:
"Is it medical evidence or non-medical evidence, and who is offering it?"
Make sure that the person offering evidence has the personal knowledge - and training in some cases - to offer that
kind of evidence.
2) Credible: Credible evidence has NOTHING to do with lying or truth-telling.
Credible evidence in a VA claim has everything to do with Perception (ability to perceive the events in question), Bias
(does someone have a vested interest in the outcome of their factual determination), and Integrity (does the evidence
have internal and external "integrity" with other evidence).
"Credibility" is one of those "$100 Lawyer Words"... you should take the time to learn what it means.