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VA Disability - Pace iii: Gather and submit evidence

This stride-by step guide will walk you through the process of a VA Disability merits. This footstep will give you information on how to get together and submit bear witness that will help you with your claim.

Maybe filing your merits seemed simple. Well, winning your merits afterwards you've filed is some other matter entirely. If you did this part of the procedure well, you lot markedly increased your chances of a expert result. Just your job isn't complete.  Now you must provide bear witness to back up your claims.

Reminder: If you aren't confident you can practise everything on your own, y'all can look for an advocate. But fifty-fifty if y'all exercise ask a representative such as a VSO to help y'all, the VSO will want you to exist involved in your own claim. You lot may exist told that, "This isn't a spectator sport!" Your VSO volition practise a much better job for you if yous're actively helping to gather evidence and getting adept copies of prove to the VSO for review.

What kind of evidence do I need?

The Veterans Benefits Administration [VBA] is charged with evaluating your evidence and deciding a rating. You lot want to offer them the all-time possible show.

The gold standard for inability compensation testify is theService Medical Tape (SMR). The VA is looking for articulate documentation of:

1. an upshot that occurred that had an impact on your health,
   
2. the circumstances surrounding the event,
   
3. subsequent handling records of how the injury or illness was addressed at the time, and
   
4. whatever follow-up care or handling.

This evidence will exist given significant consideration and weight.

Other testify may be:

• historical records of a unit engaging in combat or other hazardous operations,
  
• ship's logs and flight records, or
  
• private awards such equally Purple Eye medals and other commendations for meritorious activity.
  

Statements from individuals are often called "buddy letters." These may exist used if you have lilliputian or no other documentation of the critical events. These statements may or may not exist useful, depending on the credibility of the writer. If the person who writes the statement was an bystander to an outcome and was an officer or senior NCO with leadership or command responsibleness, the statement may exist given a great bargain of weight. Statements past spouses, friends, family or others without direct knowledge of the alleged event may not exist seen as credible and, therefore, ignored.

Near annihilation tin can be submitted every bit supporting prove. Photographs, maps, messages to loved ones and recordings accept all been considered every bit testify to certificate events.

How do I prove the human relationship or "nexus" betwixt the event and my disability?

In some cases, it's difficult to testify the cause and effect of a inability. In those cases, the VBA is known to lend a great deal of weight to expert testimony. In nigh cases, this testimony is the difference between winning your claim and having to entreatment a deprival.

At that place are two dissimilar ways of offering this testimony.  The testimony can be presented with an Independent Medical Stance (IMO) or with a "Nexus Alphabetic character" or VA Disability Benefits Questionnaire (DBQ).

• An IMO is written report written by a md who has reviewed all your related medical records (both military and civilian). The doctor is selected by you, is unremarkably one familiar with the VA (though Not a VA doctor), and reviews the records you requite them. If after reviewing your records, the md believes there is plenty information to find that your injury or illness is related to your service, the doctor will write a report that will include that finding and explain how they came to that conclusion.  Rarely do you see this medico in person.  The determination is usually based on records only.
  
• A Nexus Letter is typically a brief letter of the alphabet written by your dr. explaining your injury or disease and how information technology is "more probable than not" linked to your service. Nexus Letter are not as talked about since the inception of the DBQ. A DBQ is similar to a Nexus alphabetic character only is a questionnaire that your doctor fills out that simply states what your injury or illness is and whether they believe it is "more likely than non" service connected.

We recommend getting an IMO over a Nexus letter of the alphabet or DBQ, since IMOs are:

• Often more in depth,
  
• Written by a md who is familiar specifically with the VA and what the VBA is looking for, and
  
• Tends to be more successful in getting you claim awarded without an appeal.

Notwithstanding, you should know that an IMO will not guarantee an award and will probable cost you money.  Is it money well spent?  That, of grade, depends on your fiscal situation and how complicated your claim is. If you tin afford it and your case is complicated (i.due east., not a presumptive illness or is related to an event that happened many years ago with incomplete records), then it's nigh e'er money well spent. Appeals can take a long time and you won't be paid on your claim until and unless you lot win. Y'all'll get dorsum pay, but again, information technology can take a very long time. So if you tin can avoid an entreatment to brainstorm with, information technology'southward often worth the upfront cost.

If you can't afford an IMO, or your case is VERY straightforward (like a presumptive illness or an abundance of service connected records) and then you lot may be fine with a Nexus letter or DBQ. Nosotros always like to recommend the "better safe than sorry" option of an IMO, but sympathise that some folks can't go an IMO or don't need need one.

If you are interested in getting an IMO, Jim Strickland at VAWatchdog.org recommends several doctors who provide them.  You can find more than information near IMOs and recommended doctors here.

If you desire to learn more about Nexus Messages and DBQs, NVLSP.org provides some good information and some forms to requite to your own doctor.  Y'all tin discover NVLSP'southward DBQ information and forms here.

How do I go about gathering evidence?

The VBA has a "duty to assistance" the veteran in gathering prove. The wise veteran will ignore this and human action as if there were no such requirement.

Begin to secure copies of all available records equally you lot are completing your claim course (VA Grade 21-526ez).

The VBA volition enquire yous to provide the names, addresses and telephone numbers of all treating physicians and other health providers. You will likewise be asked to fill out forms allowing your medical providers to release private medical data to the VBA. It's important to accurately ready and return these forms to the Regional Office [RO].Simply information technology'south more than important non to rely on the VBA to complete the task of gathering that information.

While the VBA has a required "duty to assist" you, that duty does not guarantee that any extraordinary effort will be fabricated.  A VBA Veterans Service Representative [VSR] is given the chore of retrieving the bear witness. But after trying in one case or twice without a effect, he or she is under little or no obligation to proceed.

Be aware that numerous barriers to releasing confidential health records are working against you. An overall misunderstanding of the HIPAA Privacy Dominion has left many medical providers reluctant to release records even to the patient. Some providers now charge for copies of records. And in many busy providers' offices, sending records to the VBA for a patient who may accept moved abroad or otherwise accept an inactive file simply isn't a priority. Many infirmary and other medical providers have hired tertiary party vendors to operate their records functions. The records that you believe to be held at the civilian hospital where y'all were a patient 5 years ago may be in a facility in some other state archived past a firm that handles 100 different hospital accounts.

And so to ensure that all disquisitional records reach the VBA, you must take the task of retrieving and documenting. Remember, this is your case. Leaving this job to the VBA, VSR or a VSO is a mistake that may cost a bang-up bargain later.

Where else tin can I become to observe relevant prove?

Similarly, military records are often lost or misplaced. Therefore, getting copies of all of your medical recordsbeforeyou lot exit military service the best approach. Gather, re-create and organize for safekeeping all available military records. If you did not get your records earlier leaving the service, the National Personnel Records Center [NPRC] is a expert identify to begin. This is the repository for nearly armed forces records. If your records aren't in that location, they explain other ways for you lot to find them.

A formal request to your VA Regional Part [VARO] is in society if you've ever had whatsoever previous interactions with VA. Ask them to give you a re-create of your file or binder.

Navy ship's deck logs can be an invaluable source of records to provide evidence that supports your claim. Records of battles and troop movements through hazardous areas may exist merely what the VA will require to validate the injury that acquired your condition.

The Freedom of Data Act [FOIA] can be a useful tool if you lot participated in covert activities or if yous had a loftier level of security clearance. All authorities agencies provide relatively simple guides that tin can help you lot to obtain difficult-to-notice documents. For example, the Army provides an FOIA Service Eye and Records Management and Declassification Bureau.

You tin access other branches of the federal government using a Google search. For example, the Naval Postgraduate School maintains Navigating the Military Cyberspace with dozens of links and helpful instructions to inquiry your FOIA.

If yous want to submit a statement from someone who served with you, but have lost touch with that person, become here to learn more of how to notice a armed services veteran.

How should I communicate with the VA?

Other than the testify supporting your merits of disability, the next most of import cistron is how you communicate the facts and bear witness to the VA.  Delivering information inside the secure walls of the VA Regional part is a critical part of the mission. This is true whether y'all cull to seek help through an advocate or to maintain complete control of the process. Stories of lost folders, misplaced testify, folders and files containing papers from other veterans - and worse - are legend. Ask any veteran who has had dealings with their VA, and the odds are skilful that you will hear a story of a lost piece of newspaper that resulted in an unjust denial.

While VA provides online services that allow yous to apply electronically or to ask questions via email, nosotros recommend that these services be avoided.

The VA also provides a national toll free number for yous to ask questions of a VA representative.  Once again, nosotros recommend avoiding this service.

We recommend that yous always communicate with the VA by certified mail with a return receipt requested. Faxing, e-mailing, calling or even manus-delivering to an intermediary, to laissez passer your documents on to the VBA, does not provide the security and guarantee of a certified letter. Once y'all have the green postcard returned to you lot with an official postage or signature in identify, you can be confident that your documents are delivered.

Don't rely on a fax automobile.  While the automobile does provide proof that a transmission was made, there is no style to tell how well the machine that received information technology was functioning at that moment. Paper jams, empty toner cartridges and other mechanical malfunctions are commonplace.

Deliver your documents in a neat and readable format - easy to review past the individual who volition have influence over your example. Number each page in guild.  Your name and Social Security number should be affixed appropriately. Keep copies of every document yous send. As soon as you have your render receipt, correlate the receipt with those documents, just in case. Spending a little extra time getting organized at this signal will exist well worth information technology if in that location is any question of what evidence was provided and when.

Tips on writing an effective alphabetic character to the VBA

A well-written alphabetic character is the about powerful tool in your belt. Again, think that phone calls to the Regional Office don't connect y'all to a Regional Officeholder. And faxes may misprint even though y'all get a positive "sent" message. Then writing a alphabetic character is normally the first, all-time and only proficient solution for addressing any upshot you have with the VBA.

While you lot don't need the skills of an English teacher to write an effective letter, hither are a few things you shouldn't do, as well every bit those you must practise. As a behemothic bureaucracy, the VBA is a paper churning machine. Although reckoner age was to rid our offices of newspaper, information technology seems to take just given everyone their own printer along with reams of newspaper. And then your letters should be curt and to the signal. Here are a few more tips:

• Utilize italics, boldface and large font sizes sparingly.
  
• Keep your bulletin factual.
  
• Make reference numbers and dates clearly visible.
  
• In response letters, clearly reference and quote from the original message.
  
• Never utilise colored fonts.
  
• Never type IN ALL CAPS to emphasize your points.
  
• Employ plain white sheet paper of a medium grade quality.

Remember: Your message on that piece of paper becomes a legal document. If your case should goes into a lengthy appeals process, the document y'all write today may be read again in a court room in Washington several years later on. Your letter of the alphabet establishes the tone of who you are and your level of professionalism. You won't be actualization in front of the person who will read your communication. So this letter is your chance:

1. to print the VBA with your knowledge, and
   
2. to get them to agree with you.

Land facts that are relevant to your case. The VA reader cannot answer to or consider your personal theories of how unfair the VA is to veterans. It is not the VA's job to heed to how yous may accept fallen on hard times. Your insults toward the VA volition be ignored.

We believe that most VA Service Representatives volition do their best to permit a veteran a little leeway if he or she is angry and needs to blow off a little steam. However, a steady stream of insults is just a waste of everyone'due south time. Also, these people are human. Wouldn't insults have a  some negative affect on yous, if you were the decision maker? If you lot feel compelled to write such a alphabetic character, do so. Then throw it away. Then ready about the task of writing a alphabetic character that volition assist you lot communicate with the VA effectively.

Over again, respond by letter when:

• making a statement to support your merits,
  
• requesting an increment to your existing benefit,
  
• asking for copies of your records,
  
• protesting or disagreeing with a VBA action or attempted action.

Final tips:

• Reference numbers: Often this volition be your Social Security number. Or information technology could be your VA C-File number, if you have ane. When you're replying to a letter from VA, they volition oft tell you to use a coded number when replying, so insert that, as well.
  
• State your case as briefly as possible.
  
• Be courteous, to the point.
  
• Make your letter unproblematic to read and factual.
  
• Making demands, criticisms, telling your life story or otherwise straying from a professional tone volition slow downwards the process and may injure your case.
  

Finally, don't quote or copy and paste endless paragraphs of verbatim Title 38 references. This may be the most common error I see in veterans' letters. If you lot believe that a rule, regulation or law is directly relevant to your merits, you can cite it as a reference. Simply don't copy it all into your alphabetic character. VA personnel have their own copies of all the rules. Call up those stacks and stacks of paper on their desks. They don't demand more useless newspaper.

Your communication to the VA is similar to a sales pitch. You have a theory that you want the reader to agree with. Your reader is about often a Veterans Service Representative or a Ratings Veterans Service Representative. Your chore to convince that person to honor your request or honor your benefit. This letter is ane of your all-time opportunities to shut the deal.

 June 2010, 2020

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Source: https://www.statesidelegal.org/part-4-gather-and-submit-evidence

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