Top 10 claim mistakes not to fall for. Dont take bad advice!

[broncovet]

We are often given bad advice on our VA disability claims, by VA employees, VSO's, or even well meaning hadit members.  However, if a hadit member posts bad advice, mostly others challenge it, and even correct it.  This rarely happens with VA employees or VSO's advice.  

Here are my top 10 bad advice statements: (Dont make these mistakes)

1.  If you apply for an increase, you will be decreased instead.  Its actually difficult for VA to reduce you, especially if you refuse to roll over and allow them to do it. 

Source: 38 CFR 3.344

2.  "Wait" until issue "A" is completed until you apply for "issue B".  This costs Veterans retro.  Your effective date cant be earlier than the date you applied.  (Exception:  If you apply for benefits within a year of discharge, you can get an effective date back to your date of discharge)

3.  Ignore letters VA sends you.  They often contain deadlines for additional evidence, or other deadlines.  Keep VA up to date on your address, you may not get letters you need to have!  

4.  Solely relying upon information a VA employee or VSO tells you, especially if it smells fishy.  If you smell fish, chances are good there is a dead fish nearby.  Give the advice the "smell test".  

5.  Solely relying upon information "you were told".  I cringe whenever I hear "I was told...."  Usually, this precedes bad information.  Check this information on hadit, review the CFR's to see if its consistent, or check the VBM (Veterans Benefit Manual) instead.  Remember, neither VA employees (nor  VSOs)  nor politicians keep promises 100 percent of the time.  VA will not hold accountable an employee who gives you bad advice.  

6.  Not reading your decision.  Bad idea.  How do you know whether or not to appeal it?  

7.  Not reading or knowing whats in your cfile, and guessing instead.  What did your doctor say?  Did he WRITE DOWN what he said in his office?  Find out and read it.  Its your claim. 

8.  "NOT" enlisting the services of a professional (lawyer or claims agent) when necessary.  For example if the retro potential is large, or your claim is complex.  Your bias against attorneys can often cost you money.   Hiring an attorney "does not" always cost you money.  In fact, it should never cost you money...you should get more, much more, with an attorney than without him.  While there are many circumstances when an attorney is not necessary, such as your initial claim, when you dispute the decision you got, its a great time to consider your options as far as a representative goes.  Not all Veterans have the resources or skills to do their own claim.  Did you know that some law firms will "up front" the costs of an IMO in order to win your claim (especially when the Vet can not afford an IMO).  Incredibly, there are many "Pro Bono" law firms (such as NVLSP) which do not charge Veterans for their services.  Also, EAJA (Equal access to Justice Act) pays many/most Vets attorney fees at the CAVC level). 

9.  Poor reasearch/no research.  Chances are great other Vets have had a similar issue before, and its already been decided by the BVA or CAVC.  You can check to see what happened to them so that you either dont make the same mistake as they did, or you can do it the way they did and succeed.  

10.   Giving up too soon.  If you truly feel that you deserve the benefit sought, there is a great time to give up:  NEVER!  Persistence often pays off when giving up does not.   

Edited July 8, 2021 by broncovet

[Squanto]

14 minutes ago, GBArmy said:

Squanto In no particular order a short list I would start with is CC&K, Hill and Ponton, Woods and Woods, The Veterans Law Group and Perkins. The issue is often they have a lot of work and they tend to specialize in certain area more than others and sometimes that leads to better representation in certain areas, such as MH and PTSD. Google your disability and see if any of the more reputable lawyer groups have a video or on-line article on it. Certainly ask more than one and ask about their success rate and especially your disability.

Currently I have asthma at 30% (which I think should be higher) and some others at 0%.  But I currently suffer from depression and I'm having difficulty convincing the VA it started on active duty.  Are there any recommendations for lawyers for this?  I'm in the San Antonio area if that matters.

[GBArmy]

Squanto Don't get too tied up in geography; a lot of this stuff can be resolved without going in person to the lawyer. You need an IMO from a psych doc that can diagnose a MH condition and tie it into your in service event. If they can do a dbq, much better than depending on the VA to provide for you. If you get a lawyer, they will suggest going to a doc that they have referrals to to provide those things. Do you have anything in the service that shows mood changes etc, as evidence while in service? STR's and other medical records that will support you?

[GBArmy]

Squanto Don't get too tied up in geography; a lot of this stuff can be resolved without going in person to the lawyer. You need an IMO from a psych doc that can diagnose a MH condition and tie it into your in service event. If they can do a dbq, much better than depending on the VA to provide for you. If you get a lawyer, they will suggest going to a doc that they have referrals to to provide those things. Do you have anything in the service that shows mood changes etc, as evidence while in service? STR's and other medical records that will support you? As for the asthma, look up diagnostic code 6602; it is based on how your symptom rate against the criteria. See https://cck-law.com/blog/va-disability-ratings-for-asthma/ Never request an increase for a service connected disability if your symptoms don't match up with the symptoms of the next higher rating. So, compare what your conditions are and decide if they really do add up to a higher rating. You can also get a specialist to do a qbq for those symptoms. You would google dbq for asthma or whatever you are trying to increase.

[broncovet]

My advice is there "is a line in the sand" where you need a lawyer.  For me, this line is very clear:  After a bva denial.  

I can understand, however, there are circumstances when you should have an attorney "at the Board".  Ask youself these questions:

1.  Do you have the resources to appeal?  You need an internet connection, some skills such as internet searches. You should be able to write a concise letter.  

2.  Are you well enough to appeal?  If you are sick,or have mental disorders where you dont accomplish necessary tasks, then you should consider an attorney.   Rememeber appeals last a long time, so you have to be able to "finsih" your appeal.  

3.  Are you committed enough to invest the time and money (yes money) to appeal?  Yes, it often costs money.   Money for postage, envelopes, and often copies.  A VBM is around $240, and is a worthwhile investment for pro se claimants.  You may have to attend hearings, and have the resources to travel to the hearing location.   And, importantly, you may need an IMO/IME to win.  If you dont have the money to pay for an IMO/IME, sometimes attorneys will upfront the costs for you.  Hill and Ponton has been known to do this.  

4.  Are you organized?  Can you keep copies of decisions, medical exams and be able to find them when needed?  Not everyone can do this.  You may need help here, if you know you are weak here.  

5.  Are you persistent?  Appeals are a marathon, not a sprint..more like running from Seattle to Florida.  You cant give up and expect to win.  

     If you lack one or more of the above, consider representation.  

[Fat]

I wanna add to the list.

1. Filing claim without C-File or medical records.

2. Failure to know rating criteria for disabilities.

3. Not knowing benefit of a medical specialist vs general medicine doctor or nurse practitioner.

4. Failure to have a reliable VSO to ask questions

5. Non adherence to CALUZA standard.

6. Being stubborn.  Trying to make a square peg fit into a round hole.

7. People stating the process is easy.

 

Lastly, there is no magic pill for securing VA benefits.

Medical facts are the key.

You need supporting medical documentation (current diagnosis) and documentation regarding the effects of the disability.

You can't effectively claim a disability unless you have information.

Medical facts are the key.

Your energy and concentration is paramount to success. 

 

[Vync]

Don't forget the extremely important "Intent to File" process. It is crucial to preserving a potential effective date while wading through VA red tape and attempting to collect medical records, buddy letters, and other correspondence before actually initiating a new claim, including survivors pension and DIC.

https://benefits.va.gov/BENEFITS/factsheets/general/intenttofile.pdf

 

If filing a claim for increase, simply go through your medical evidence over the past 12 months and see if you can find proof that you qualify for the next higher level of disability. It's a good idea to do your homework on these up front, if possible, so you have hard evidence for them to verify. If your condition or the next higher level of disability is deemed temporary and expected to improve, I recommend you ask around or check with a VSO for advice before doing this.