Veterans Law Blog strategy vs eBenefits

[glashutte]

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

Edited June 25, 2019 by glashutte

[glashutte]

1 minute ago, GeekySquid said:

that makes more sense.

The VA does not yet have your full records. They will order them. You also need to order your c-file. It takes like six months so get started now.

you want to verify that it includes all the stuff you have. If it doesn't then the VA will not have gotten all your records and that will help you if you have to NOD a decision on your claim.

All your information is golden. That last post was extremely helpful as I was definitely mixing up initial claim with appeal. 

This is my initial claim and yes I am including a mental health disorder (bipolar and depression). My intent to file period ends in 2 days so I plan on submitting my initial application tomorrow. Can I always add things like supporting documents, medical records, and DBQs AFTER I submit my initial claim? I'm not going to go for a FDC or anything

[GeekySquid]

5 minutes ago, glashutte said:

Can I always add things like supporting documents, medical records, and DBQs AFTER I submit my initial claim? I'm not going to go for a FDC or anything

wow talk about waiting for the last second.

Once you submit the claim yes, you can upload additional info. Just remember that if you wait 3 months to upload more info you will reset the clocks and process in the VA as they have to go back to redo what they may already have done. The point is DON"T DAWDLE!!!!!

If you follow what I said in that last post, you will do an FDC and be doing it properly.

save submitting detailed evidence for your NOD. Let the VA do what the VA is supposed to do.

Let them develop the initial claim. That will show you where you need to buttress your claim and will likely be much shorter than what we were discussing.

Since this includes MH claims, you will have to craft your statement to include events that cause the bipolar condition. depression is fairly easy but BiPolar I and II have different expressions and tying them to non-combat events is tough. Combat events are much clearer for VA Dr's to connect.

Since you gave yourself such a short time to file, you can try uploading just the type Form with the list of claimed items on it and say see uploaded document for further information.

That can buy you two or three days maybe a week to upload the handwritten statement. BUT NO MORE than that. Please don't push your luck on this issue. VA can move swiftly sometimes and AMA has changed a bunch of processes and timings that are not clearly understood yet.

The VA is working on what is called the National Work Queue now, and there is no telling how soon a pre-screener will get your application.

'they are the folks who will do the grunt work of ordering your records etc. as well as a preparing your VBMS file for associating different records.

[broncovet]

I like it.  Its well organized and thorough.  However, I do not recommend you "apply for a 60 percent disability", but instead, apply for the maximum amount allowed by law.  

Here is why:

a)  Laws could change during the long process, and some of those changes could benefit you.  Why limit it to 60 percent, if there are laws which change, or those you are unaware of, entitle you to more?  

b)  This sounds like you are putting a "cap" on your own benefits at 60 percent.  While the law suggests you are entitled to the maximum under the law, your very own statement could be construed as meaning you only want 60 percent even if the law allows 100 percent.  You dont want to go down that rabbit hole.  

c)  Many rating specialists are "of the opinion" that VETERANS could not possibly know as much about VA claims as they do; thus they may be offended by YOUR insistence of a disability percentage.  Let them do their job, you dont need them to be offended.  If they get offended, trust me, they can make life very difficult for you.  Example:  Your cfile could become still another victim of the "MF" (Mystery Force) which seems to cause probative evidence to disappear.   Even if you do know more about Veterans law than a typical rating specialist, its generally unnecessary to suggest to them this is the case.  Chances are very good they also know stuff you dont.  I really like the idea of letting your opponent at law understimate you.  Dont "scare" them into putting forth 110 percent of their effort into denying you.  Humility is looked upon as a good thing.  There is a reason for that..people dont like "know it alls".  Even if you do know it all, (unlikely) then you dont have to tell them you know it all!!!  

d)  There is no advantage to seeking 60 percent.  Seek the maximum instead.  Let them award 60 percent, then you can decide whether or not to appeal the effective date or not.  

e)  Secondary conditions.  Diabetes has many.  High blood pressure, for example, is a ratable condition.  Apply for that, too, if applicable.  

Edited June 25, 2019 by broncovet

[glashutte]

Quote

 

Since you gave yourself such a short time to file, you can try uploading just the type Form with the list of claimed items on it and say see uploaded document for further information.

 

By this do you mean submitting the typed PDF Supporting document that will list all my conditions? Will this be a reiteration of the conditions I have already listed on eBenefits. Also, would I still attach Exhibit A, B, C organizing my medical record with highlighted sections

Edited June 25, 2019 by glashutte

[GeekySquid]

1 hour ago, glashutte said:

Will this be a reiteration of the conditions I have already listed on eBenefits. A

in your Statement in Support of Claim, list all the claims one line at a time and if diagnosed in-service list the date/approx date it was diagnosed.

If you don't have time, sign and submit that.

Then in a separate doc write your letter to the va describing how and what harmed you. submit that. include specific incidents that caused each claims harm.

On april 5 my jeep was bombed and since then I cannot hear, have tinnitus and lost the use of my left leg.. .they type of thing.

Dont worry about a list of exhibits at this point.

The VA has to get your service records. By giving dates and a narrative you are pointing them to in-service records that they need to look at.

The Exhibits thing is best reserved for an appeal, like a NOD or other future appeal. Right now you are filing this pro se and you want it to be judged on that value. Too polished and with all the claims you plan on submitting might not go well.

[glashutte]

Great advice. Should I be worried since my service medical treatment record is 1000 pages long? I don't want them getting frustrated searching through it and intended to list page #s to guide them during my initial claim