How to make your appeals better and more persuasive.

[broncovet]

I have read a lot of Veterans appeals.  I wondered "why" my attorney did not "argue" all my points, and instead just did one or two?  Now I know why!

I see Vets "complain" in their appeal, for example, "that the C and P doc only spent 20 minutes" on his exam.  How is that relevant?  Does the Veteran know that the doc could well have read his file for 3 hours and not need much more? 

Sometimes, we just want to shorten our appeal.  Dont mention in your appeal how rude your "ask Peggy" person was.  Just the facts, please.    Here is why:  Its a "dilution" effect:

https://getpocket.com/explore/item/how-to-make-your-arguments-stronger-hint-longer-is-not-the-answer?utm_source=pocket-newtab

[Vync]

Excellent advice!

[Fat]

I agree.

The only thing which matters is claimed condition, how its being service connected, and medical information supporting the claimed.

Some claims are denied on a very simplistic basis.

However when carefully reviewed, you realize how the claim can be approved with further information or a collaborative nexus.

 

An example is tonsillitis. 

You are diagnosed with tonsillitis on active duty.

You occur three additional bouts after active duty over a 6 year period.

After the final bout, you file a claim(with current diagnosis & nexus) and  have your tonsils removed.

The VA denies the claim based on no residuals due to tonsils being removed.

 

Most veterans quit.

 

Further investigation shows during the claim, the veteran suffered from tonsillitis with residuals.

Even though the tonsillitis was addressed by surgery, The veteran still had tonsillitis with residuals during the episode before surgery .

The veteran should be service connected for the time frame at the start of claim and  before surgery, service connected at 100% during the recovery, and at the very least service connection set at 0% after recovery.

 

However most veterans never realize they are eligible for compensation for the residuals of tonsillitis during the time frame the case is being decided.

 

[Tbird]

excellent post

[Buck52]

I AGREE  THOSE EXAMINERS ARE SUPPOSE TO READ OUR RECORDS BEFORE THE EXAM  SO WHY THINK NEGITIVE IF THE EXAM DON'T LAST VERY LONG ?  ITS ALWAYS BEST TO WAIT AND READ THE EXAMINERS REPORT BEFORE JUMPING TO CONCLUSION .