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

[El Train]

One that got me; don't piss off the C&P examiner.  Treat them with military kindness.  Yes Ma'am/Sir, No Ma'am/Sir, thank you for your time and kindness Ma'am/Sir.  Don't loose your cool.  You get cocky, arrogant or pissed off, it won't go well.  I promise.

[john999]

Some times filing new claims when you have one in the cooker can delay getting a decision on the first one IMO.  If you have a claim that will grant you a significant rating you don't want to file a bunch of 10% claims in the meantime IMO.  Wait until you get the big one first then you can  file all the minor claims you want.  If you get TDIU, for instance, you will need some pretty high rated claims to get to 100% so getting a bunch of 10% claims will never get you there.   I had 90% TDIU for years and it took at least a new 50% rating to get to schedular 100%.  I have a host of 20% claims but I think the 40% and 30% claims I got recently got me there.  This is just my opinion in the issue.

[broncovet]

VA delays claims "for all reasons".  It used to be that there was "one" paper copy of the cfile.  Now, most Vets have their cfile scanned in, and there is "an electronic copy" of your file possible at more than one at a time.  So, rater "A" could be processing your "big" claim while others are with someone else at the same time.  That could not happen with paper claims.  

By waiting, you lose out on your effective date, for any issues you delay filing on.  

I actually tried what you spoke of...and actually withdrew some issues.  VA found ways to delay anyway.   I wish I would have never delayed or withdrawn anything.  

[Sgt. Wilky]

I've been guilty of many of these points too. It's taken me a long time to learn some of the in's and out's but I'm glad I didn't give up.

Sgt. Wilky

[Squanto]

On 7/8/2021 at 7:17 AM, broncovet said:

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). 

This is what I'm finally realizing.  Who are the recommended attorneys to hire?

[GBArmy]

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.