Your Claim Moved to Evidence Gathering Review and Decision

VA Disability - Pace three: Gather and submit evidence

This step-by footstep guide will walk you through the process of a VA Inability merits. This step volition give y'all information on how to gather and submit evidence that will help you with your claim.

Perhaps filing your claim seemed simple. Well, winning your merits after you've filed is some other matter entirely. If you did this role of the process well, you markedly increased your chances of a good result. But your task isn't complete.  Now y'all must provide testify to support your claims.

Reminder: If you aren't confident you can do everything on your own, you can wait for an advocate. But even if you do ask a representative such as a VSO to aid y'all, the VSO will want you to be involved in your ain merits. You may exist told that, "This isn't a spectator sport!" Your VSO volition do a much better job for you if you're actively helping to get together evidence and getting good copies of evidence to the VSO for review.

What kind of evidence do I need?

The Veterans Benefits Assistants [VBA] is charged with evaluating your prove and deciding a rating. You desire to offering them the best possible show.

The gold standard for disability compensation evidence is theService Medical Tape (SMR). The VA is looking for clear documentation of:

1. an event that occurred that had an touch on your health,
   
2. the circumstances surrounding the effect,
   
3. subsequent treatment records of how the injury or disease was addressed at the time, and
   
4. any follow-up care or handling.

This bear witness will be given meaning consideration and weight.

Other evidence may be:

• historical records of a unit engaging in combat or other chancy operations,
  
• ship'southward logs and flight records, or
  
• individual awards such equally Royal Heart medals and other commendations for meritorious action.
  

Statements from individuals are frequently called "buddy letters." These may exist used if you have petty or no other documentation of the critical events. These statements may or may not exist useful, depending on the credibility of the author. If the person who writes the statement was an eyewitness to an upshot and was an officeholder or senior NCO with leadership or command responsibleness, the argument may exist given a slap-up deal of weight. Statements by spouses, friends, family or others without directly noesis of the declared result may not exist seen as credible and, therefore, ignored.

Most annihilation can exist submitted as supporting evidence. Photographs, maps, messages to loved ones and recordings take all been considered as evidence to document events.

How practice I evidence the human relationship or "nexus" between the outcome and my disability?

In some cases, information technology'south difficult to show the cause and effect of a disability. In those cases, the VBA is known to lend a bang-up deal of weight to skillful testimony. In most cases, this testimony is the departure between winning your claim and having to appeal a denial.

There are two different ways of offering this testimony.  The testimony tin can exist presented with an Independent Medical Stance (IMO) or with a "Nexus Letter" or VA Disability Benefits Questionnaire (DBQ).

• An IMO is report written past a md who has reviewed all your related medical records (both war machine and noncombatant). The doctor is selected past you, is usually one familiar with the VA (though NOT a VA doctor), and reviews the records you give them. If afterward reviewing your records, the md believes there is plenty information to find that your injury or affliction is related to your service, the md will write a report that volition include that finding and explain how they came to that determination.  Rarely practise you run into this doc in person.  The determination is usually based on records simply.
  
• A Nexus Letter is typically a cursory letter written by your doctor explaining your injury or disease and how information technology is "more likely than non" linked to your service. Nexus Letter of the alphabet are not as talked about since the inception of the DBQ. A DBQ is similar to a Nexus letter but is a questionnaire that your md fills out that simply states what your injury or illness is and whether they believe it is "more likely than not" service connected.

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

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

Yet, you should know that an IMO will not guarantee an award and volition likely cost you lot coin.  Is it money well spent?  That, of course, depends on your fiscal situation and how complicated your claim is. If you can afford it and your case is complicated (i.e., not a presumptive affliction or is related to an consequence that happened many years ago with incomplete records), then it's almost always coin well spent. Appeals tin have a long time and you won't be paid on your claim until and unless y'all win. Y'all'll become back pay, but once more, it tin can have a very long time. So if y'all can avert an appeal to brainstorm with, information technology's often worth the upfront cost.

If you can't beget an IMO, or your case is VERY straightforward (like a presumptive illness or an abundance of service connected records) then you may exist fine with a Nexus letter or DBQ. We e'er like to recommend the "better safe than sorry" option of an IMO, but empathise that some folks tin't get an IMO or don't need demand one.

If you are interested in getting an IMO, Jim Strickland at VAWatchdog.org recommends several doctors who provide them.  Y'all tin find more than information nigh IMOs and recommended doctors here.

If you want to acquire more well-nigh Nexus Letters and DBQs, NVLSP.org provides some good information and some forms to requite to your own doctor.  You can find NVLSP's DBQ information and forms here.

How exercise I go nearly gathering evidence?

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

Brainstorm to secure copies of all bachelor records as you are completing your claim course (VA Form 21-526ez).

The VBA will inquire you lot to provide the names, addresses and telephone numbers of all treating physicians and other wellness providers. You will besides be asked to make full out forms allowing your medical providers to release individual medical information to the VBA. It's important to accurately set up and return these forms to the Regional Office [RO].But it's more important not to rely on the VBA to consummate the task of gathering that information.

While the VBA has a required "duty to assistance" you, that duty does not guarantee that any extraordinary endeavour volition exist made.  A VBA Veterans Service Representative [VSR] is given the job of retrieving the evidence. But subsequently trying once or twice without a event, he or she is under piddling or no obligation to keep.

Be enlightened that numerous barriers to releasing confidential wellness 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 at present charge for copies of records. And in many busy providers' offices, sending records to the VBA for a patient who may have moved abroad or otherwise have an inactive file simply isn't a priority. Many hospital and other medical providers take hired 3rd political party vendors to operate their records functions. The records that you believe to be held at the noncombatant hospital where you were a patient five years ago may be in a facility in another state archived by a firm that handles 100 unlike infirmary accounts.

And so to ensure that all disquisitional records reach the VBA, you must accept the chore of retrieving and documenting. Remember, this is your instance. Leaving this task to the VBA, VSR or a VSO is a error that may toll a great deal afterward.

Where else can I go to discover relevant evidence?

Similarly, military records are frequently lost or misplaced. Therefore, getting copies of all of your medical recordsbeforeyou get out war machine service the best approach. Assemble, copy and organize for safekeeping all available armed forces records. If you lot did not get your records before leaving the service, the National Personnel Records Centre [NPRC] is a expert place to begin. This is the repository for virtually military records. If your records aren't there, they explain other ways for yous to find them.

A formal request to your VA Regional Office [VARO] is in order if you've ever had whatever previous interactions with VA. Inquire them to give you a re-create of your file or folder.

Navy transport'south deck logs can exist an invaluable source of records to provide evidence that supports your claim. Records of battles and troop movements through hazardous areas may be only what the VA will crave to validate the injury that caused your condition.

The Freedom of Data Act [FOIA] tin be a useful tool if you lot participated in covert activities or if yous had a high level of security clearance. All regime agencies provide relatively simple guides that tin help you lot to obtain difficult-to-find documents. For example, the Army provides an FOIA Service Center and Records Direction and Declassification Agency.

Y'all can access other branches of the federal government using a Google search. For case, the Naval Postgraduate School maintains Navigating the Military Cyberspace with dozens of links and helpful instructions to research your FOIA.

If you desire to submit a argument from someone who served with you, just have lost touch with that person, become here to learn more than of how to find a armed services veteran.

How should I communicate with the VA?

Other than the evidence supporting your merits of inability, the next most of import factor is how you communicate the facts and evidence to the VA.  Delivering information inside the secure walls of the VA Regional office is a disquisitional part of the mission. This is truthful whether you choose to seek help through an abet or to maintain consummate control of the process. Stories of lost folders, misplaced show, folders and files containing papers from other veterans - and worse - are legend. Inquire any veteran who has had dealings with their VA, and the odds are adept that you will hear a story of a lost piece of paper that resulted in an unjust denial.

While VA provides online services that permit y'all to apply electronically or to ask questions via email, we recommend that these services be avoided.

The VA also provides a national toll gratis number for you to ask questions of a VA representative.  Once more, we recommend fugitive this service.

We recommend that you lot ever communicate with the VA by certified mail with a return receipt requested. Faxing, east-mailing, calling or even mitt-delivering to an intermediary, to pass your documents on to the VBA, does not provide the security and guarantee of a certified letter of the alphabet. Once you have the green postcard returned to you with an official stamp or signature in place, you lot can exist confident that your documents are delivered.

Don't rely on a fax machine.  While the machine does provide proof that a manual was made, in that location is no way to tell how well the machine that received it was functioning at that moment. Paper jams, empty toner cartridges and other mechanical malfunctions are commonplace.

Evangelize your documents in a neat and readable format - easy to review by the private who will have influence over your example. Number each page in order.  Your name and Social Security number should exist affixed appropriately. Proceed copies of every document you send. As soon as you have your return receipt, correlate the receipt with those documents, just in case. Spending a little extra fourth dimension getting organized at this indicate will be well worth information technology if there is any question of what bear witness was provided and when.

Tips on writing an effective letter to the VBA

A well-written letter is the nigh powerful tool in your belt. Again, remember that telephone calls to the Regional Office don't connect you to a Regional Officer. And faxes may misprint even though you get a positive "sent" message. So writing a letter is ordinarily the starting time, best and just proficient solution for addressing any issue you have with the VBA.

While you don't need the skills of an English instructor to write an effective letter, here are a few things you shouldn't do, too equally those you must do. Every bit a giant bureaucracy, the VBA is a paper churning machine. Although computer age was to rid our offices of paper, it seems to have just given anybody their own printer along with reams of paper. So your letters should exist short and to the point. Hither are a few more tips:

• Use italics, boldface and big font sizes sparingly.
  
• Keep your message factual.
  
• Make reference numbers and dates clearly visible.
  
• In response messages, clearly reference and quote from the original message.
  
• Never use colored fonts.
  
• Never type IN ALL CAPS to emphasize your points.
  
• Use apparently white sheet newspaper of a medium form quality.

Recall: Your bulletin on that slice of paper becomes a legal document. If your instance should goes into a lengthy appeals process, the certificate you write today may be read again in a court room in Washington several years later on. Your letter establishes the tone of who you lot are and your level of professionalism. You won't be appearing in front end of the person who will read your advice. So this letter is your chance:

1. to print the VBA with your noesis, and
   
2. to get them to hold with you.

Land facts that are relevant to your case. The VA reader cannot respond to or consider your personal theories of how unfair the VA is to veterans. It is non the VA's chore to mind to how y'all may accept fallen on hard times. Your insults toward the VA will be ignored.

We believe that most VA Service Representatives volition practice their best to allow a veteran a piddling 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. Besides, these people are human. Wouldn't insults take a  some negative affect on you, if you were the determination maker? If yous feel compelled to write such a letter of the alphabet, do so. So throw it away. Then set virtually the task of writing a letter that will assistance you communicate with the VA effectively.

Again, respond by letter when:

• making a statement to support your claim,
  
• 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 will be your Social Security number. Or it could exist your VA C-File number, if you have one. When yous're replying to a letter from VA, they will ofttimes tell y'all to utilise a coded number when replying, then insert that, likewise.
  
• State your case as briefly as possible.
  
• Be courteous, to the point.
  
• Brand your letter uncomplicated to read and factual.
  
• Making demands, criticisms, telling your life story or otherwise straying from a professional tone volition slow down the procedure and may hurt your case.
  

Finally, don't quote or copy and paste endless paragraphs of verbatim Championship 38 references. This may be the most mutual error I see in veterans' letters. If y'all believe that a rule, regulation or law is straight relevant to your claim, you can cite it as a reference. But don't re-create it all into your letter. VA personnel take their own copies of all the rules. Recall those stacks and stacks of newspaper on their desks. They don't need more useless newspaper.

Your communication to the VA is similar to a sales pitch. You lot take a theory that you want the reader to agree with. Your reader is most ofttimes a Veterans Service Representative or a Ratings Veterans Service Representative. Your task to convince that person to award your request or laurels your do good. This letter is one of your best 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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