Typically, attorneys who are accredited by the VA \u2013 like the dedicated VA disability lawyers<\/a> at Stone Rose Law \u2013 only get involved in a VA disability claim after<\/em> it has been denied by the VA. Unlike other law firms, however, Stone Rose Law is more than happy to assist veterans with well-grounded claims for new disability benefits at no cost to the veteran.<\/strong><\/p>\n Whether you\u2019re working with us or not, the best possible outcome from a disability claim is a grant of the benefits you\u2019re entitled to receive. Here, we\u2019re going to discuss some tips and tricks we use to maximize the chance of success for filing a new claim.<\/p>\n As VA accredited attorneys<\/a>, we only charge a fee if we turn a denied claim into an approved one. While we only charge a mere 20% of past due benefits, that is an additional 20% that many veterans can avoid paying by simply putting together a comprehensive claim that is easy to lead to a grant.<\/p>\n So, do a little bit of work up front, and save yourself a whole lot of time and hassle (and cash) later!<\/p>\n Service connection for a disability requires a showing of three things:<\/p>\n Without a doubt, the vast majority of new claims get denied because one of those three elements are not obviously<\/em> met. By that, we mean that the VA is under tremendous time constraints to decide the ever-growing backlog of claims. So, VA rating staff have to review the extremely dense claims file to see if those three element are plausibly raised by the record.<\/p>\n Unsurprisingly, they frequently overlook, or ignore, evidence which supports one of the three elements.<\/p>\n The first, and easiest, way to increase your likelihood of success on a new claim is to explain how the three elements are met. Consider the following examples.<\/p>\n \u201cVeteran makes a claim for service connection for left knee condition.\u201d<\/p>\n Vs<\/p>\n \u201cVeteran claims left knee condition due to overuse as a result of strenuous hiking and forced marches in service.\u201d<\/p>\n In the first scenario, the Veteran is trusting the VA rating staff to review their medical and service treatment records to see if a \u201cleft knee condition\u201d is shown by the records. Then, assuming the left knee condition isn\u2019t<\/em> shown in the records (or many times, even if it is) they are trusting the VA staff to connect their activities in service with the current disability. This is almost always a losing proposition.<\/p>\n Compare to the second scenario, where the Veteran specifically notes what \u201cin service event\u201d they believe caused their knee disability. In this scenario, the VA rating staff should<\/em> develop the claim and order examinations, as there is sufficient evidence to justify examinations.<\/p>\n Most veterans are not trained medical professionals with qualifications to diagnose disabilities or their likely origins. Recognizing this fact, the VA is supposed to \u201csympathetically read\u201d all claims applications and broadly construe claims for benefits. As with anything when dealing with the federal government, the actual application is hit or miss.<\/p>\n Consider the following examples:<\/em><\/strong><\/p>\n Scenario 1:<\/strong> Veteran makes a claim for Left Knee ACL laxity and instability. At VA examination, no instability is shown. However, a diagnosis of chronic patellar tendonitis is rendered.<\/p>\n Scenario 2:<\/strong> Veteran makes a claim for left knee condition. At VA examination, instability and pain with limited range of motion is shown. Chronic knee strain and instability were diagnosed.<\/p>\n Now, in both<\/em> scenarios, the VA should then determine whether or not service-connection is warranted for those particular diagnoses. However, it is more and more common for the VA to outright deny the claim in Scenario 1, because the veteran specifically claimed Left Knee ACL Laxity and instability and was not found to have those conditions on exam.<\/p>\n However, in scenario two, the veteran broadly claimed \u201cleft knee condition\u201d which inarguably encompasses the knee strain and instability. Thus, the veteran in Scenario 2 is less likely to get an erroneous denial.<\/p>\n The same holds true for mental conditions as well. Instead of claiming a specific mental condition, try claiming \u201can acquired psychiatric condition with symptoms of . . . .\u201d. Instead of shoulder dislocation, try \u201cshoulder condition\u201d.<\/p>\n Many, many veterans work for the VA. However, many more civilians work there. And even those VA employees who are veterans may not know exactly what your job entailed or the physical and emotional demands required to be successful.<\/p>\n So, we need to tell them.<\/p>\n This means preparing a detailed statement about your time in service \u2013 what your MOS is, what that encompasses. This should be detailed and paint a picture of what a day in the life of a soldier\/sailor\/airmen\/Marine\/coast guardsman\/space force defender with that MOS does.<\/p>\n For example, instead of saying \u201cknee pain due to ruck marches\u201d, you could provide a detailed statement about your particularly military occupational specialty and describe what these ruck marches entail \u2013 the weight, distance, speed, frequency, etc.<\/p>\n Furthermore, corroborating these accounts can go a long way in getting your claim approved the first time around. Thus, statements from people with whom you\u2019ve served regarding your job description, the incurrence of injuries, duties, etc. serve to corroborate your testimony and strengthen the claim overall.<\/p>\n While these tips do not guarantee success, they can greatly improve your odds of getting your claim approved the first time around. However, if you have ever had a claim for benefits denied from the VA, don\u2019t hesitate to call the team<\/a> at Stone Rose Law today to see how we can assist.<\/p>\n Give us a call for a free consultation at 480-498-8998.<\/p>\n","protected":false},"excerpt":{"rendered":"Why Is This Important?<\/h2>\n
The ABCs Of Service Connection<\/h2>\n
\n
Tip #1 \u2013 be specific on the where, when, and how<\/h2>\n
Tip #2 \u2013 Be General On The What<\/h2>\n
Tip #3 \u2013 Know Your Audience And Enlist Some Friends<\/h2>\n
Conclusion<\/h2>\n