No one wants their VA disability compensation claim to get denied, but many veterans make decisions that put their claim in jeopardy without even knowing it. The number one factor that determines the success or failure of your disability claim is your actions. By following the five steps outlined below, you can avoid the common pitfalls of applying for disability benefits.
If you present a truthful, organized, and well-supported claim for disability benefits, you will have a better chance of getting approved. And if the VA wrongfully denies your claim, you will be in a good position to file a successful appeal with the assistance of a VA benefits lawyer. For more information about how a lawyer can help you with the appeals process, call Jackson & MacNichol today at 1(888) 492-2941 for a free consultation.
1: Be Honest About Your Condition and its Symptoms
The possibility of getting a high disability rating may tempt you to exaggerate the extent of your disability. Don’t do it. It’s hard enough to get compensation for conditions that you do have, so you can imagine how unlikely it is for a claim to succeed if it is based on false or exaggerated conditions. Furthermore, willfully making a false representation while applying for benefits is fraud, so you may face criminal prosecution if the VA catches you.
2: Gather Convincing Evidence About Your Disability
You owe it to yourself to track down and include as much relevant information as possible in your initial application for disability compensation. Many veterans only focus on the medical evidence needed to prove their condition. But your disability rating will also be based on how your condition interferes with your earning ability, and whether the condition was caused or made worse by your military service.
This evidence can take many forms. Statements from your present colleagues and employer can help explain how your disability reduces your ability to provide for yourself and your family. And you can establish the service connection of your disability by providing a detailed timeline of your symptoms along with statements from people who served by your side in the military.
3: Go to Your Compensation and Pension (C&P) Exam
This may seem obvious, but it bears mentioning because many veterans fail to attend their Compensation and Pension (C&P) Exam. The C&P exam is an essential stage in the claim process, and is the primary source of evidence about your medical conditions. You must make every effort to attend the exam, and if for some reason you cannot, you should provide advance notice and attempt to reschedule. The claims process is slow enough as it is, so you don’t want to add unnecessary delays to your case.
4: Get a Second Medical Opinion About Your Condition
As important as the C&P exam may be, in most cases you will want to supplement it with additional medical information. This is especially true if you have a rare condition, or one that requires specialized treatment. In such cases, a statement from your primary care provider can fill in the gaps of your C&P exam, which most likely will not be performed by someone who knows you or who has specialized knowledge about your condition. Before you apply for disability compensation, ask your doctor to write an Independent Medical Opinion (IMO) for your case.
5: Appeal the Denial of Your Benefits With the Help of a Lawyer
Data from the Board of Veteran Appeals shows that appeals that are filed with the assistance of a lawyer have a significantly higher chance of success than appeals filed without representation, or with non-legal representation. A lawyer will be able to effectively review your case file and determine what evidence can persuade the VA to reverse its decision. Call Jackson & MacNichol at 1(888) 492-2941 for a free consultation about how to start the appeals process today.