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

[broncovet]

With all due respect, the ITF is controversial.  I "opt out" of ITF in many/most cases.    Instead, I just apply for benefits and Then gather information.  Yes, you can do the ITF if you dont have all your info, too, but making a 2 step process our of applying never made sense to me.  More than 1 Vet has indicated that VA did not give them the ITF date, so they had to appeal the effective date.  

I think the claims process is complicated enough without giving rating specialists "another" way to make a mistake: (forgetting to include the ITF date).  

Or worse, you could file an ITF, think you filed a claim, and let the year expire and have to start over.  

Most of the time, unless you have an extreme problem gathering records, I skip the ITF, and just file. Not everyone agrees with me.   Thats okay, not everyone agrees with me on most things, either.  

When God made me, he decided "the world was only ready for 1 Bronco vet" they could not handle any more of me.  

So, Im very happy that others are not exactly like me, and that we disagree on things.  Gee, really dont like cooking, but there are many people who do like cooking and, since I eat cooked food, Im glad there are people who choose cooking food as a career, so I have places to eat where I dont have to cook my own food.  

 

[Vync]

@broncovetI completely understand. But with the VA taking a more form-oriented approach over the past couple of years, I found it better to err on the side of caution. I am helping a Vietnam veteran who was diagnosed with hypothyroidism and Parkinson's like symptoms. He did the ITF after the new presumptive law went into effect. I had called Peggy to ask if they were processing them as presumptive and was told no. With my personal experiences on new and supplemental claims over the past couple of years, I realize that it is a gamble for them to actually get it right. Now that the VA announced they are now processing the new presumptives, he is filing the actual new claim. Didn't want him to file for it last year, go through the C&P red tape, get a denial only to file again after the laws changed and do it all over again.

For veterans with high combined ratings, they may be less concerned about the VA getting the effective date right because new ratings of like 10% or so may not bump their combined rating up at all. This vet only has a 10% rating, so I did not want him taking chances on the amount of potential retro.

[jbasser]

Great Post Lowell. We tend to ne eager for information. Everyone's disabilities are different regardless of how they appear familiar. Bad advice and a Moron DAV rep cost me 14 years of fighting, 

Informed, accurate information is the goal. There are a whole lot of resources out there to help veterans with their claims.  Facebook has some groups that have 50K plus members.  

The bottom line is this: Evidence wins claims and a good medical nexus will only help. The more complex claim a veteran has the more complex the nexus will be needed.