VA Tips

Gather all the military, private and VA medical

records (get copies made).

Review your military medical records and make a list

of every ailment that you had while on active duty.

Cross reference all you military ailments with you

civilian ailments. If the problem persists or a secondary issue has

cropped up as a result of the issue that developed during your time

in the military then you need to apply for that issue (as a secondary

issue).

Go to the VA web site and down load all the Fast Letters, Memo’s

and any other documentation that will support your case.

Go to the DAV, PAV and any other VSO web sites and bookmark them

(and down load anything related to your claims).

Get statements from all private doctors or other

medical provider, have them state that your problems are DEFINITELY

service connected. If the doctor uses the word possibly or probably

the Medical Provider will have given the VA the excuse it needs to

dismiss the doctor’s statement. But, if all the doctor can say is

probably, don’t throw it away. Get more than one doctor to say the

same thing then write if two doctors say the same thing, then the

reasonable doubt rule should apply and the probability is slim that

the issue ISN’T service connected.

Get statements from anyone who knows you and your

issues. Have these individuals state how the problems affect you

(example: It is hard to bend over, or squat, or hear, etc..) Did you

know you can get statements from anyone that knows you, yes your

wife, kids, parents, co-workers even the guy/gal walking along the

street. All of these people can contribute! All their statements

are evidence that must be considered. If you have them put their

phone number down on the statement and request the adjudicator to

call (not if they have any questions), the adjudicator is required to

call.

Go to http://www.findlaw.com or

http://www.veteransresources.net/database.html and look up all Court

of Veteran Appeals, US District Court, US Court of Appeals and

Supreme Court decisions that affect your issues. Use these sites to

support your other evidence. Do your own legal research!

If you have been going to a Vet Center, obtain their

records. They are independent of the VA medical system (CAPRI) so

you need to get a statement or copy of your providers’ notes or both

from your treating Social Worker.

If you have gone to Voc Rehab, you were evaluated by

them. Do a Privacy Act request and get all copies of evaluations and

anything else (to include reports of contact [ROC]). The Voc Rehab

evaluations carry some weight, since they are independent

evaluations. Get copies of the contractor evaluations and the VA’s

Voc Rehab evaluations.

Go to http://www.warms.vba.va.gov/bookc.html. Look up

what your issue is and determine the percentage that you want to

apply for. Now 98% of the Veteran Service Rep’s (VSR’s) will tell

you not to give a percentage, but if you don’t ask for a percentage

and you are awarded 0% for an issue, you can’t complain because they

gave you exactly what you asked for. If the adjudicator denies your

issue and you did not ask for a certain percentage, then you have to

prove they didn’t follow proper procedure (this is very hard to

prove). Your VSR will tell you that the law can change. Great, if

it increases then just fax, email (w/receipt) or mail in an updated

request. If the percentage decreases, you don’t need to do

anything. The Veterans Claims Assistance Act of 2000 allows you to

the law that is most favorable to you to be applied to your claim so

don’t change your percentage.

If you have been seeing a counselor at the VA Hospital,

then get him/her to write you a statement of how bad they think you

are. Plus, write up a statement on your own, let the adjudicator

know about your background, your stressors and how this effects your

daily life. Always and I mean Always have this statement lean

towards your being suicidal, wanting to kill people and your wanting

to harm not only yourself but others.

Current law favors the Vet. The VA fights it but you can use

this to your advantage. Invoke VCAA. Read, understand and learn what

VCAA can do for you. If you are within a year of the VCAA letter you

received, then you have rights to reopen old cases, don’t let that

pass.

Go to http://www.va.gov/vbs/bva/ or http://www.veteransresources.net/database.html to research all BVA opinions on your issues. These legal opinions as well as the courts opinions narrows the focus of how the adjudicator can look at the evidence.

You need to put together a narrative that reads like a

graduate paper. You will refer to evidence that you collected (items

1-9) as well as. You tell your story as to how you were injured. I

would also compile all the evidence by issue. Yellow highlight that

pertains to you and your issues. Site this in your narrative.

You are entitled to claim all periods of active duty,

all periods covered under Vocational Rehabilitation and any injuries

suffered under the care of the VA for the purposes of disability

claims (issues). You need to list all periods of active duty, to

include ADT and reserve time. There are limited benefits for non-

active duty personnel. By stating the periods of active duty, and

providing documentation (such as copies of orders), you will increase

your chances of winning your claim.

Go to your private doctor. Have him do the C&P exam

the correct way. Go to the C&P office at your local VA Hospital (if

you’re too far away, have them either email or fax to you the exam

criteria). Make sure he is a specialist (preferably board certified)

in the field. Then show him the exams you were given by the VA as

well as all your personal medical records on this issue. Ask him if

he concurs with their exam. If he doesn’t, get him to put it in

writing and cite the different tests that he performed to support his

conclusions. Thus you beat them at their own game. When you write

it up, make sure you had the “COMPLETE” C&P exam done by a private

doc and the VA doc’s refused to perform the proper tests. Under the

reasonable doubt rule, you have proven your case, and they failed to

prove theirs.

The VA is like a willful child. You have to pull the child by the ear and lead it in the direction that you want it to go. If you let anyone else do this for you, then your doing yourself a disservice. The VSR’s are overworked and after you leave their office, will pull up a template and plug in the issues and submit a formatted claim. Which one do you think will have a better chance?

The only way to speed up your claims is for you to be dying. There

is no accelerated claim process. Trust me when I say this, your

situation is no worse than most, they have seen worse. Some individuals

claims had gone on for 22 years. I have heard of longer. My guess

is you will get something but not what you expect unless you follow

the steps I have outlined above. The money you get will be minimal

compared to what you need. If you have a rating of at least 20%,

then you should apply immediately for Vocational Rehabilitation (if

you haven’t already done so). Voc rehab will give you between $500 to

$600 a month while you’re in school (full time) At the same time you

can retrain for a new career.

Tell the VA how you were injured, cite the

times you went to the medial facility, and the follow-up

care you received from your private doctor. Invoke the

REASONABLE DOUBT clause. Site VBA and Court of

Appeals legal cases that support your claim that you are entitled to

a certain percentage rating.

YES, review the ratings percentages. Think of your worst day (pain,

etc.) and rate yourself on that basis. After a few years your pain

will probably be at that level, unless you can get the symptoms

reversed somehow.

I listed every time I went to the doctor, provided a copy of that

medical record, highlighted the medical record and bunched them

together in a group so the claims examiner did not have to hunt for

the information. I IDIOT proofed the claim! I wrote my claims and

other peoples claims (and they received everything they have asked

for) because I anticipated the weaknesses in the claim and found the

law or regulation that supported that weakness.

I also looked up medial studies to support my claim and provided

those studies (were my case might be weak or a secondary issue) to

help in the adjudication process. I especially like VA or DoD or

National Institute of Health medical studies. It’s hard to argue with

yourself when yourself (the government) has come to the conclusion

that the problem exists and what the symptoms are (which are the same

symptoms you’re reporting).

Remember, the service organizations receive thousands of requests for

representation. These organizations use canned letters that are ok,

but not necessarily in your best interest. If you provide them with

most if not all of the research, it will make their life easier

when they go to write the cover letter. They will know what cases to

cite and can do a better job in supporting you (if you choose to use

them).

I constantly read about the VA messing things up, but I never hear of anyone taking the bull by the horns and doing anything about it. Most people rely on the VA to do the right thing. Or you rely

on the service organization to do the right thing. Don’t count on them. You have to be responsible for your own actions.

Having helped many Veterans and having done the paperwork for many

appeals, I can say one good reason why they take forever.

The veteran did a lousy job of documenting what was needed to win.

You had enough evidence to raise doubt in their minds, but not enough

evidence to justify or prove you have a existing issue and if the

issue was aggravated by the service, or voc rehab or your visit to

the VA. Follow the steps below to gather as much evidence as

possible. If that fails, the BVA paralegals have 3-5 4” binders

full of address and other resources that they can call upon to

develop your case. If you want to win, you have to do a better job

at preparing your case.

* compiled from personal experience & various sources.