🎖️ VALOR

Breaking Through VA Barriers: A Veteran's Story

Malcolm Harrison, a U.S. Air Force veteran who served from 1984 to 1992, encountered frustrating roadblocks when attempting to claim his VA benefits. From missed deadlines to overwhelming paperwork, Malcolm's experience mirrors the struggles of many veterans. But through determination and the proper guidance, Malcolm finally found a path to the benefits he deserved.

In this video, discover how Malcolm overcame the complexities of the VA system and learn how you can navigate the VA maze with confidence.

Attention: Have You or a Loved One Had Complications from a BARD Power Port?

If you or a family member received a BARD Power Port (often used for long-term IV treatments like chemotherapy) and suffered from device breakage, infection, blood clots, or migration of the device within the body, you may be entitled to compensation.

Don't wait—these complications can be serious. Our experts are here to help you fight for the justice you deserve.

Call us at (855) 494-1298 to learn more.

⚖️ EXPERTS

Building a Strong VA Disability Claim: The Essential Guide to Gathering Evidence 

When applying for VA disability benefits, the evidence you provide can make or break your claim. The VA relies heavily on the documentation and records you submit to determine the severity of your condition, its connection to your service, and the appropriate disability rating. Understanding what evidence is needed and how to effectively gather it is crucial for ensuring your claim is successful.  

Why Evidence Matters in Your VA Disability Claim 

Evidence is the foundation of your VA disability claim. It serves as proof that your condition is service-connected and that it impacts your ability to work and function daily. Without sufficient evidence, the VA may deny your claim or assign a lower disability rating than you deserve. The key to a successful claim lies in providing comprehensive and credible evidence that clearly demonstrates your condition’s severity and its link to your military service. 

Types of Evidence Needed for Your VA Claim

• Service Records: These include your DD214, military personnel records, and any documents showing in-service incidents or injuries that could have caused or aggravated your condition. Service records are crucial for establishing the service connection of your disability. 

• Medical Evidence: This includes both military and civilian medical records, VA and private treatment records that document your diagnosis, treatment, and ongoing symptoms. These records are essential for proving the existence and severity of your condition. 

• Lay Evidence: Statements from family members, friends, fellow service members, or colleagues that describe how your condition affects your daily life. Lay evidence can provide a personal perspective on how your disability impacts your ability to work, socialize, or carry out daily activities.

• Expert Opinions: Medical nexus opinions from healthcare professionals that link your condition to your military service. These opinions can be critical in cases where the service connection is not immediately apparent. 

The VA’s Duty to Assist: What It Means for Your Claim 

The VA has a legal obligation to assist veterans in gathering evidence to support their claims. This is known as the "Duty to Assist." The VA must help you obtain records from federal agencies, such as service treatment records and VA medical records, and in some cases, private medical records. However, while the VA is responsible for assisting with your claim, the burden of proof ultimately rests on you as the claimant. 

Key Points About the VA’s Duty to Assist:

• Obtaining Records: The VA will request records on your behalf, but you should still provide as much evidence as possible to avoid delays. 

• Scheduling Exams: The VA may schedule Compensation and Pension (C&P) exams to evaluate your condition. These exams are an essential part of the evidence-gathering process and attending them is crucial for your claim. 

• Informing You of Needed Evidence: If the VA determines that more evidence is needed, they must notify you and give you an opportunity to submit additional information. 

For more details on the VA’s Duty to Assist, you can read our blog post here. 

Tips for Gathering Evidence: Making Your Case Stronger 

Gathering the right evidence is crucial for the success of your claim. Here are some tips to help ensure you have the best possible documentation: 

Tip #1: Start Early 

Begin collecting evidence as soon as you decide to file a claim. Gathering records and obtaining expert opinions can take time, and starting early helps ensure you meet any deadlines and avoid unnecessary delays. 

Tip #2: Be Thorough 

Submit all relevant medical records, including those from civilian providers. Don’t assume that the VA will have access to all your records, especially if you’ve received treatment outside the VA system. 

Tip #3: Get a Medical Nexus Opinion 

A medical nexus opinion is a statement from a healthcare provider that directly links your condition to your military service. This opinion is particularly important if the connection between your service and your disability isn’t immediately clear. 

Tip #4: Use Lay Evidence Wisely 

While medical records are essential, lay evidence can provide a fuller picture of how your disability affects your life. Ask family members, friends, or coworkers to provide statements that detail the impact of your condition on your daily activities. 

Tip #5: Keep Copies of Everything 

Always keep copies of the documents you submit to the VA. This includes any correspondence, medical records, and forms. Having your own copies can help you keep track of your claim and provide evidence if anything goes missing. 

Tip #6: Be Proactive in Following Up 

Don’t assume that everything is moving along smoothly. Follow up with the VA regularly to ensure they’ve received all your documents and that your claim is being processed. If the VA requests additional information, respond promptly to avoid delays. 

Common Mistakes to Avoid When Submitting Evidence 

Even the strongest claim can be undermined by simple mistakes. Avoid these common pitfalls to ensure your evidence is as effective as possible: 

• Incomplete Records: Submitting incomplete medical records can hurt your claim. Make sure to include all relevant documentation, even if it’s from years ago. 

• Relying Solely on VA Records: While VA records are important, don’t rely on them alone. Include any civilian medical records, especially if they provide a clearer picture of your condition. 

• Ignoring Lay Evidence: Don’t overlook the power of lay evidence. Personal statements can often provide insights that medical records alone cannot. 

• Missing Deadlines: Failing to submit evidence on time can result in a denial. Be aware of all deadlines and ensure your evidence is submitted promptly. 

The evidence you gather is the backbone of your VA disability claim. By understanding what’s needed, taking proactive steps to gather it, and avoiding common mistakes, you can build a strong case that clearly demonstrates your need for benefits.  

Remember, you don’t have to navigate this process alone. Seeking assistance from a VA-accredited representative or attorney can significantly improve your chances of a successful outcome. 

🦅SUPPORT

We’re back with another VA Disability Law trivia question this week! Test your knowledge, and we’ll dive into the details in next week’s newsletter.

🗺️ TACTICS

One Veteran’s Victory in Securing a 30% VA Disability Rating for Supraventricular Tachycardia 

Note: All identifying info is fictitious to protect the identity of the client.

Summary of Claim

A veteran who served in the U.S. Air Force from July 1985 to July 1992 successfully secured an increased disability rating for supraventricular tachycardia (also claimed as paroxysmal atrial fibrillation). Initially, the veteran was granted a noncompensable (0%) rating, which was later increased to 10% effective June 14, 2013.  

However, after presenting compelling medical evidence, the veteran was awarded a 30% disability rating for the entire appeal period, starting from July 2, 2012. 

The Outcome

The Board of Veterans' Appeals (BVA) granted the veteran a 30% disability rating for supraventricular tachycardia, effective from July 2, 2012. This decision was based on substantial evidence, including numerous ECGs documenting more than four episodes of paroxysmal atrial fibrillation per year, consistent with the criteria required for the maximum 30% rating under VA’s diagnostic code for supraventricular tachycardia. 

Why Was This Claim Successful?

The success of this claim was due to several key factors: 

• Documented Episodes by ECG: The veteran presented medical records showing seven distinct episodes of paroxysmal atrial fibrillation documented by ECGs in June and July 2012. These records were crucial in demonstrating that the veteran’s condition met the criteria for a 30% disability rating, which requires more than four episodes per year. 

• Consistent Medical Evidence: Over the years, the veteran’s medical records consistently documented episodes of atrial fibrillation and supraventricular tachycardia. Despite undergoing multiple invasive procedures, including ablations and cardioversion, the veteran’s condition remained uncontrolled, further supporting the need for a higher disability rating. 

• VA Examinations Supporting Higher Rating: VA examinations conducted in July 2014, October 2017, and March 2018 all confirmed that the veteran experienced more than four episodes of supraventricular tachycardia per year. The March 2018 examination provided a detailed account of the veteran’s ongoing symptoms and the severity of his condition, which played a pivotal role in securing the 30% rating. 

Additional Insights

This case highlights the importance of thorough and consistent medical documentation when seeking an increased VA disability rating. The veteran’s ability to provide detailed ECG records and undergo multiple VA examinations was instrumental in demonstrating the severity and persistence of his condition. 

Tips from the Legal Team

Here’s a few thoughts from the team about this case.

Tip #1: Keep Detailed Medical Records

Ensure that all episodes of your condition are well-documented by medical professionals. In this case, the veteran’s detailed ECG records were key to securing a higher rating. 

Tip #2: Pursue Regular Medical Evaluations

Regular medical evaluations and VA examinations can help track the progression of your condition and provide the necessary evidence to support an increased rating. 

Tip #3: Don’t Overlook the Importance of Specific Diagnostic Tests

Diagnostic tests such as ECGs and Holter monitors are critical in documenting the frequency and severity of conditions like supraventricular tachycardia. Make sure these tests are included in your medical records. 

If you're facing challenges in securing the VA benefits you deserve, or if you believe your current disability rating does not accurately reflect your condition, we're here to help. Call us at (855) 494-1298.