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glashutte

Veterans Law Blog strategy vs eBenefits

Question

Posted (edited)

I studied Veterans Law Blog and he recommends mailing in your claim and organizing the documents like so (see attached). However, is this the old school way to do it?

The only way to do this on eBenefits is to type everything out and attach it as a file in supporting documents. And it would be a lot of files

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Edited by glashutte

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2 hours ago, glashutte said:

I studied Veterans Law Blog

i feel compelled to make sure you do understand a fine point. you may already know it, but I want to make sure.

A VA claim for compensation is not like a typical disability claim that SSI or AFLAK mean.

For VA purposes compensation is paid based on the concept of the what work the AVERAGE PERSON with a particular harm can do. In other words, how will the claimed harm affect your ability to earn an income.

That standard and most of the regs were written decades ago so contemplate the average person earning a living in farming or manufacturing. White collar work, not so much.

A farmer with only one hand cannot earn as much as one with two hands... that type of framework.

So when you put in a claim for compensation you must convince the VA that your claimed condition harms your ability to earn an average persons income.

understanding this is key to how you frame your arguments to the VA. you must convince them that having bad breathe, or whatever,  means you cannot earn money

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Just now, glashutte said:

Or should I let me C&P exam decide this?

let the exam do what it does.

What I told you to write would look like

I suffer from severe GERD diagnosed in-service on xxxxxx. I suffer severe inflammation that makes it painful to swallow and I get chest pains. .... the caveat is if your record actually says you have esophagitis. just don't say secondary.

where you say PG don't, do what I said and print the page (or several pages) as a separate document and title it appropriately....say see attached medical record dated Nov 1 2016 XXXXXXXXX

don't bury yourself in the weeds with minutia and NEVER NEVER NEVER use words like secondary or limit the symptoms. just give them the symptoms in your narrative.

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1 minute ago, GeekySquid said:

VA is really form driven these days

this is the statement in support of claim you have to upload

https://www.vba.va.gov/pubs/forms/VBA-21-4138-ARE.pdf

On this page in the remarks section say See Uploaded XXXX document which includes the entire text and summary of my claim, and lists all my uploaded evidence in support of my claim.

Then in the document at the beginning you write what he has and add the line like "I have uploaded all these documents through the Ebenefits Portal and they appear as evidence that needs to be associated with my claims file.  You also add a line saying Form blah blah blah provided insufficient space to properly present my claim therefore I am using this document to present the information expected in the remarks section of form blah blah blah.

Take note that at the bottom of the official form is a statement about this information is to the best of your knowledge and belief. In a court that is a useless statement. It means nothing.

On the statement you type at the top or bottom write 'on my oath the above/below statements are true and factual.' This prevents a known behavior by VA when you take them to court. They try and blow out your statement on that required form based on that tiny line on THEIR form.

Do sign the form AND your letter.

Upload everything!!!!. Pack a picnic basket if there are that many documents, just do it!!

It is in your best interest to snag the raters and reviewers and C&P docs by the NOSE and force them down the path you want them to go. stick your fingers in their nostrils and dig your nail into the meat to make them follow you.

Take them by the nostrils I will. Most definitely. I'm motivated to fight hard. 

Do I fill out the Statement in Support Form for EACH disability claim? 

 

I want to organize my claim to make it easy for them. 

I plan on highlighting all key information relating to my disabilities in my medical report. HOWEVER...do I send them the bulk 1000 page medical document with the highlights? Or do I cut out the pages pertaining to the disability only?

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25 minutes ago, glashutte said:

. However, is this the old school way to do it?

VA is really form driven these days

this is the statement in support of claim you have to upload

https://www.vba.va.gov/pubs/forms/VBA-21-4138-ARE.pdf

On this page in the remarks section say See Uploaded XXXX document which includes the entire text and summary of my claim, and lists all my uploaded evidence in support of my claim.

Then in the document at the beginning you write what he has and add the line like "I have uploaded all these documents through the Ebenefits Portal and they appear as evidence that needs to be associated with my claims file.  You also add a line saying Form blah blah blah provided insufficient space to properly present my claim therefore I am using this document to present the information expected in the remarks section of form blah blah blah.

Take note that at the bottom of the official form is a statement about this information is to the best of your knowledge and belief. In a court that is a useless statement. It means nothing.

On the statement you type at the top or bottom write 'on my oath the above/below statements are true and factual.' This prevents a known behavior by VA when you take them to court. They try and blow out your statement on that required form based on that tiny line on THEIR form.

Do sign the form AND your letter.

Upload everything!!!!. Pack a picnic basket if there are that many documents, just do it!!

It is in your best interest to snag the raters and reviewers and C&P docs by the NOSE and force them down the path you want them to go. stick your fingers in their nostrils and dig your nail into the meat to make them follow you.

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1 minute ago, glashutte said:

Do I fill out the Statement in Support Form for EACH disability claim?

Is this your initial claim? it seems it might be.

If you have multiple claim items you are submitting for a the same time, which is typical for a first claim, then yes you do ONE document for all the items claimed. Neatly and clearly organized.

How many and what exactly are you claiming?

In other words some combo like PTSD, Hearing Loss and Tinnitus? that is a very common combo so that is why I used it as an example.

The reason I ask is that some veterans have dropped claims with a dozen or more conditions and then got mad it took 3 years to wade through.

4 minutes ago, glashutte said:

do I send them the bulk 1000 page medical document with the highlights?

what medical document is, by itself, 1000 pages?

by some chance are you speaking of your Military Service Treatment Record (the infamous STR's)? is that document ONLY your STR's or does it include your actual Service records like DD 214's and awards, etc.?

If so, they have it or should have it. If this is the case, then only pull out the page or pages that support each part of your claim.

For example if you have a hearing loss claim, pull out the pages that say OSHA STS and hearing test results showing a 20db or greater loss from the previous test.

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