When you or a loved one joined the military, you, like thousands of other veterans, dedicated everything to your service, giving the Army, Navy, Marines, Air Force, etc your 110%. Nevertheless, the VA is notorious for inefficiencies when getting disabled veterans their much-needed benefits. Despite your dedication, that may have left you disabled, the VA all-too-often rates the severity of a disability lower than it should be, or the VA takes way too long.
At Herren Law in Houston TX, we strongly believe that disabled veterans deserve their rightful and full benefits in a timely manner. With the help of Houston VA disability benefits attorney William Herren, we’ll help you through the VA benefits process every step of the way, from gathering and filing the claim to vigorously representing your case. We work on a contingency basis, meaning that you don’t pay a thing unless we win your case. If you are looking to claim your VA disability benefits, don’t hesitate and call Herren Law today at (713) 682-8194. Free consultations are available.
Reasons to Improve Your VA Disability Claim
Once the VA has determined that you have a service-connected disability, the organization will rate the severity of your disability on a scale between 0 and 100, whereas 100 is the most severe (offering the highest amount of benefits) and 0 is the least severe (offering the lowest amount of benefits, but still making health care and other benefits available to veterans).
This rating is designed to give veterans a fair amount that reflects the severity of their disability and their inability to work. However, like many disabilities, a veteran’s disability might not be static and could worsen over time. Additionally, the VA is not perfect, and they can sometimes rate a veteran’s disability as too low.
Keep in mind that the VA disability benefits process is time-consuming and complex, for both the VA and the veteran, and if your documentation isn’t complete or as clear as possible, then the VA might not connect the dots.
However, if you approach your VA disability claim (with the help of an experienced VA disability attorney) with the same discipline and grit as your military career, then you stand a chance of beating the VA and getting the full and fair benefits that you’re entitled to.
4 Ways to Improve Your VA Disability Claim
1. Make your VA disability claim as complete as possible
It’s no surprise that getting your VA disability documentation together is a full-time job. To start, you’ll need to get your VA claim file and your service medical records.
If you don’t have these records, you can request them from your local VA regional office or by mailing a Freedom of Information Act (FOIA) request.
Next, do your due diligence and research any disability or condition in your records and connect that disability with the 38 CFR Part 4: Schedule of Ratings. Write up a summary of your conditions as well as any dates of treatment (during and after service), and bring this documentation with a one- to five-page summary. This documentation should be in addition to doctor’s opinions and, ideally, a nexus letter.
2. Get your VA C-File
Although there is already a ton of documentation to gather (seeing a trend?), your VA C-File is perhaps the most important document that you’ll need. Don’t wait until your hearing and go to your local VA regional office to try and get a copy.
3. Understand the law, and get a Houston VA disability attorney
The average denial rate in 2011 in front of the Board of Veterans’ Appeals (BVA) was around 24.2 percent, and that same year, according to the Board of Veterans’ Appeals Annual Chairman’s Report (Fiscal Year 2011), veterans who were represented by an attorney had a denial rate of about 17.7 percent. By knowing the law, and using your right to have a VA disability at your side, some benefits will include:
- An experienced legal professional who’ll zealously advocate on your behalf, answer claim-related questions, and help you understand and obtain the evidence you need.
- An attorney can analyze your entire claim, find weak and strong points, and help assess the most efficient path to getting you your benefits.
- An attorney can help assist with your sworn testimonies at hearings
4. Use optimal evidence proving disability and service-connection
There are many paths to take when proving to the VA your disability and service connection. Always remember what you’re building in your claim: Eligibility, Service Connect, Impairment Rating, and Effective Date. With any of these four factors, if you have bad or wrong evidence, you may thoroughly sabotage your claim. When gathering your evidence, remember these 5 tenants of good VA disability evidence:
- Material
- Probative
- Relevant
- Competent
- Credible
Contact Houston’s Top VA Disability Attorney
Unlike the battlefields you faced in your service, filing for your VA disability benefits claim is a battlefield that you can choose and control. The most important parts of this process are gathering the correct evidence and documentation and making sure that the evidence and documentation are complete and clear. For these reasons, it can be extremely helpful to have an experienced, knowledgeable VA disability attorney at your side. For a free, no-obligation consultation with Houston VA disability benefits attorney William Herren, call our law firm today at (713) 682-8194.
