Veterans Advocacy Tips

[broncovet]

Advocacy Tips (from the same link as Broncovets previous post)

1. Many of the written arguments VA receives in support of claims for VA benefits from veterans’ advocates do not appear to appreciate that the principal reason a written argument is submitted to VA is to persuade the VA decision maker to rule in favor of the claimant. Everything that appears in a written argument must focus on persuading the VA to grant the claim. Anything that does not help persuade VA to rule in favor of a claim should be omitted from a written argument.

2. When a veteran’s advocate files a written argument with VA on behalf of a claimant, the advocate is presenting

the VA decision maker with a problem. The advocate is also asking the VA decision maker to solve the problem.

Rather than simply asking the VA decision maker to solve the problem, the veteran’s advocate should provide the

VA decision maker with a recommended solution to the problem. For example, in a claim by a veteran for service connection, rather than simply stating that the veteran seeks service connection for a particular disability, the advocate should explain to the VA

decision maker—in detail—how the decision maker can award the veteran service connection based on the evidence and the controlling law.

3. The veteran’s advocate should make it easy for the VA decision maker to read the advocate’s written argument.

The advocate’s arguments should double-spaced, employ large fonts, and provide lots of white space.

4. Too many written arguments present VA decision makers with too many issues to consider and decide.

This is counterproductive. If possible, the veteran’s advocate should present no more than two or three issues to

VA. Presenting more issues to a VA decision maker may suggest to the decision maker that the advocate believes that he or she has a weak case; is unable to identify a “winning” argument for the VA; or expects the VA decision maker to identify a winning

argument for the veteran’s advocate because the advocate in unable to do so. Ask yourself this question: If the advocate is unable to explain to VA why it should grant a claim, why shouldthe VA grant the claim?

5. If the veteran’s advocate determines that the outcome of a claim is governed by a particular statute, regulation,

court opinion, VA manual provision, or VA general counsel opinion, the veteran’s advocate should quote the controlling language from the governing statute, regulation, court opinion, VA manual provision, or general counsel opinion in the advocate’s written

arguments to VA. By quoting the actual language from the governing statute, regulation, court opinion, VA manual

provision, or VA general counsel opinion, the veteran’s advocate will help make the job of the VA decision maker

easier.

6. The advocate should not present a policy argument as a replacement for controlling statutory or regulatory language.

The advocate should not argue about what Congress should have done while ignoring what Congress actually did in a statute. Do not argue about what the law should be. Instead, argue about what the law is and explain why the veteran is entitled to claimed benefits under that law.

7. Any written argument that a veteran’s advocate submits to a VA regional office or the BVA should contain an

accurate statement of facts. A good statement of facts will help orient the VA decision maker to the evidence and

issues involved in the case and will assist the VA decision maker to understand what the case is about.

8. Do not misstate the holdings of Court opinions. If an advocate misstates the holdings of court opinions

and the VA decision maker discovers these misstatements, the VA decision maker can make two conclusions: One,

the VA decision maker may conclude that the advocate intentionally tried to mislead. Two, the decision maker may

conclude that the advocate is sloppy and unprofessional. Neither conclusion will help achieve a successful result on

the veteran’s claim.

9. If the record contains evidence that is against the award of the veteran’s claim, the veteran’s advocate must not

ignore this evidence. Even if the advocate ignores unfavorable evidence, the VA decision maker will not ignore it.

Therefore, the veteran’s advocate must identify any evidence that is against the veteran’s claim and try to minimize

its adverse effects on the veteran’s claim.

[Stretch]

There is one good thing about it. My C-file is 5 volumes thick about 50 lbs.

• To double-space would make it 10 Volumes... think (100 lbs.)
  
• To increase the font from 10 to 2x larger would make my file 20 volumes think (200 lbs.)
  

This would be very good for the postal service (shipping cost).

[Vync]

3. The veteran's advocate should make it easy for the VA decision maker to read the advocate's written argument.

The advocate's arguments should double-spaced, employ large fonts, and provide lots of white space.

I would have wrote this point like this:

3. The veteran's advocate should make it easy for the VA decision maker to read the advocate's written argument.

The advocate's arguments should double-spaced, employ large crayon fonts, and provide lots of white space.

I can tell you one thing. My DAV representative has done almost nothing on this list for me.

[broncovet]

Stretch..

Maybe the attorney that wrote this is in cahoots with the post office. The Post office is desperate to generate revenue lately or face job cuts.

Vync

I agree. We should make our claims clear by writing them in crayon using pictures of animals that suffered disabilities, cartoon style, for the benefit of VA employees who can not read. If someone has one of those gifted 5 year old crayon cartoon artists, how about scanning a cartoon where a Veteran in the military got hurt in the head so the Va is supposed to send him money, and posting it.

[broncovet]

Here is the link to this attorney at Service Officers Appeal Report (SOAR) who recommended these tips:

http://www.pva.org/site/DocServer/SOAR_Vol...pdf?docID=12444

You would need to use the index or scroll down to page 4.

This comes from the Paralyzed Veterans Association (PVA), which is one of the most credible VSO's, IMHO.

Edited February 7, 2010 by broncovet

[Commander Bob]

Here is the link to this attorney at Service Officers Appeal Report (SOAR) who recommended these tips:

http://www.pva.org/site/DocServer/SOAR_Vol...pdf?docID=12444

You would need to use the index or scroll down to page 4.

This comes from the Paralyzed Veterans Association (PVA), which is one of the most credible VSO's, IMHO.

Thanks for the excellent link, broncovet. I found every page most informative.

Edited February 7, 2010 by Commander Bob

[broncovet]

Yes sir, Commander!

SOAR also has archives of other quarterly attorneys opinions about VA benefits/ and advocacy. You can find other excellent, highly informative quarterly attorneys opinions of VA benefits also at:

http://www.pva.org/site/PageServer?pagename=rights_gc_SOAR