1. Timely file your NOD. You decrease your chance of winning by waiting a year as you eliminate the Benefit of the Doubt whenever you file a CUE. Berta has had good results by asking the VA to Cue themselves with a bad decision, but I think she will agree if that fails, get your NOD in timely. Dont wait until its too late.
2. Send correspondce to VA (including the NOD) certified mail return receipt requested and keep copies of all this. Its not enough you file a NOD, you have to be able to Prove you timely filed the NOD as VA has a habit of tossing these and then shrugging their shoulders when you ask the status of your appeal and saying, "We dont know anything about your NOD."
3. Order a copy of your C file, and review the evidence the VA says they have. Its not enough that it happened and you went to the doc, it must make its way into your cfile for documentation. Dont trust your memory, chances are you may remember what the doc told you, but he may or may not have put that statement into your records. The VA has a presumption of regularity and decision after decsion states, "The record does not contain any evidence of xxx" in its reasons and bases for denial. This means you could not or did not prove your claim with documentation that found its way to your cfile. I put this as number 3 but it should always be done first, UNLESS you wait 11 months to do this, and then you must prioritize getting your NOD in timely. There are few exceptions that VA will "toll" your 1 year appeal period.
4. Dont withdraw your claim.
5. Dont "abandon" your claim. If you or your representative does not bring up an issue upon appeal, its considered abandonded.
6. Dont miss a C and P exam, at least, without calling to reschedule. When you go to the exam, tell the doctor how you feel on your worst day, not necessarily how you feel on the day of the exam. Get a copy of your C and P exam as soon as its available and read it. If its unfavorable, such as it says something like, "the Veteran's xxx conditon is less likely that not related to military service", then consider an IMO/IME as you have to have a medical nexus for service connection. You must have 3 things for service connection, and you should focus on these:
A. Current Diagnosis. No benefits will be paid absent a medical diagnosis.
B. In Service event or aggravation.
C. Nexus, or doctors opinion that A and B are "at least as likely as not" related. No Nexus= no benefits.
7. Know the regulations applicable to your case, and the criteria the VA uses to rate your conditions. Study case law from similar CAVC precedential cases, and see how your's is similar and how its different. Focus your appeal on rebutting the reasons and bases for denial, and demonstrating how you meet the applicable criteria. BVA decisions often state the "criteria for SC for xx condition has been met". If you meet the criteria they have to give it to you, by defination.
8. Pay attention to your representative, and communicate well with him, even tho this, in itself, is often difficult. Ask them to send copies of stuff they send. Some Veterans have found they do better representing themself, but first time claimants rarely know even where to begin.
9. Avoid "venting" or ranting to your RSVR in your 21-4138 or other VA correspondence. This includes doctors exams. Never lie, and never exaggerate your symptoms. I will go one further, suggesting that you not make statements which are unsupported. I often use VA's own words to support my position! Anything you write or say can and will be held against you. I often suggest you not insult the decision maker with conclusarory statements. He or she is the decision maker, we are not. A conclusory statement, especially that is unsubstantiated, hurts your credibility.
Instead of saying, "I have proof of service connection", state something very specific like:
"Va Doctor Papadakis, on an exam dated June 17, 2006 opined that the Veterans PTSD was at least as likely as not due to xx event in military service", established a valid nexus that the VARO has not refuted. The VA examiner, Dr. VA Kissbut, was less probative as Dr. Kissbut had no experience in diagnosing PTSD, and did not indicate he read the Veterans medical records. Further, Dr. Kissbut offered no reasoning behind his negative opinion and his lack of experience in treatment of PTSD makes Dr. Papadakis favorable statement more probative. Given the admission of Dr. Kissbut's lack of experience or training treating PTSD, his unfavorable statements should be rejected by the board, and the "benefit of the doubt" should be given to the Veteran.
10 Persist. Persistance works when other things dont. Never give up.
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broncovet
1. Timely file your NOD. You decrease your chance of winning by waiting a year as you eliminate the Benefit of the Doubt whenever you file a CUE. Berta has had good results by asking the VA to Cue themselves with a bad decision, but I think she will agree if that fails, get your NOD in timely. Dont wait until its too late.
2. Send correspondce to VA (including the NOD) certified mail return receipt requested and keep copies of all this. Its not enough you file a NOD, you have to be able to Prove you timely filed the NOD as VA has a habit of tossing these and then shrugging their shoulders when you ask the status of your appeal and saying, "We dont know anything about your NOD."
3. Order a copy of your C file, and review the evidence the VA says they have. Its not enough that it happened and you went to the doc, it must make its way into your cfile for documentation. Dont trust your memory, chances are you may remember what the doc told you, but he may or may not have put that statement into your records. The VA has a presumption of regularity and decision after decsion states, "The record does not contain any evidence of xxx" in its reasons and bases for denial. This means you could not or did not prove your claim with documentation that found its way to your cfile. I put this as number 3 but it should always be done first, UNLESS you wait 11 months to do this, and then you must prioritize getting your NOD in timely. There are few exceptions that VA will "toll" your 1 year appeal period.
4. Dont withdraw your claim.
5. Dont "abandon" your claim. If you or your representative does not bring up an issue upon appeal, its considered abandonded.
6. Dont miss a C and P exam, at least, without calling to reschedule. When you go to the exam, tell the doctor how you feel on your worst day, not necessarily how you feel on the day of the exam. Get a copy of your C and P exam as soon as its available and read it. If its unfavorable, such as it says something like, "the Veteran's xxx conditon is less likely that not related to military service", then consider an IMO/IME as you have to have a medical nexus for service connection. You must have 3 things for service connection, and you should focus on these:
A. Current Diagnosis. No benefits will be paid absent a medical diagnosis.
B. In Service event or aggravation.
C. Nexus, or doctors opinion that A and B are "at least as likely as not" related. No Nexus= no benefits.
7. Know the regulations applicable to your case, and the criteria the VA uses to rate your conditions. Study case law from similar CAVC precedential cases, and see how your's is similar and how its different. Focus your appeal on rebutting the reasons and bases for denial, and demonstrating how you meet the applicable criteria. BVA decisions often state the "criteria for SC for xx condition has been met". If you meet the criteria they have to give it to you, by defination.
8. Pay attention to your representative, and communicate well with him, even tho this, in itself, is often difficult. Ask them to send copies of stuff they send. Some Veterans have found they do better representing themself, but first time claimants rarely know even where to begin.
9. Avoid "venting" or ranting to your RSVR in your 21-4138 or other VA correspondence. This includes doctors exams. Never lie, and never exaggerate your symptoms. I will go one further, suggesting that you not make statements which are unsupported. I often use VA's own words to support my position! Anything you write or say can and will be held against you. I often suggest you not insult the decision maker with conclusarory statements. He or she is the decision maker, we are not. A conclusory statement, especially that is unsubstantiated, hurts your credibility.
Instead of saying, "I have proof of service connection", state something very specific like:
"Va Doctor Papadakis, on an exam dated June 17, 2006 opined that the Veterans PTSD was at least as likely as not due to xx event in military service", established a valid nexus that the VARO has not refuted. The VA examiner, Dr. VA Kissbut, was less probative as Dr. Kissbut had no experience in diagnosing PTSD, and did not indicate he read the Veterans medical records. Further, Dr. Kissbut offered no reasoning behind his negative opinion and his lack of experience in treatment of PTSD makes Dr. Papadakis favorable statement more probative. Given the admission of Dr. Kissbut's lack of experience or training treating PTSD, his unfavorable statements should be rejected by the board, and the "benefit of the doubt" should be given to the Veteran.
10 Persist. Persistance works when other things dont. Never give up.
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1. Timely file your NOD. You decrease your chance of winning by waiting a year as you eliminate the Benefit of the Doubt whenever you file a CUE. Berta has had good results by asking the VA to Cu
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