Al Walsh

What Happens to Your Rating When the VA Changes the Rating Rules

If you’d rather hear about it than read about it, you can watch this video.

The VA has proposed some pretty big changes to how it rates certain disabilities recently, and I’ve been talking to a lot of veterans about what that means for their current ratings. The bottom line is that federal law prevents the VA from using new rules to go back and cut existing benefits that veterans gained under the old rules, at least as long as your disability doesn’t improve and you don’t ask the VA for an increase.

The relevant law is 38 U.S.C. § 1155. This statute gives the VA authority to make and revise its rating tables. The relevant part of that statute for this video is that “The Secretary,” meaning the secretary of the Department of Veterans Affairs, “shall from time to time readjust this schedule of ratings in accordance with experience. However, in no event shall such a readjustment in the rating schedule cause a veteran’s disability rating in effect on the effective date of the readjustment to be reduced.

That last part gets a little wordy, but let me go through it with an example. Let’s say a new rating schedule goes into effect on March 15. Anyone who got their current rating before March 15 will not be reduced because of the change in the regulations. There is also an unless we should talk about. So going back to the statute, it says the rating won’t be reduced “unless an improvement in the veteran’s disability is shown to have occurred.”

But that’s nothing new. The VA has always had the authority to reduce ratings if a veteran’s disability improves. Of course, there are some ratings the VA can’t reduce, and even for those they can, they have to follow a very specific process. If the VA starts the process to reduce your rating after it has changed the rating regulations, the VA has to prove a reduction was warranted under the old regulations. So even then, the VA cannot use a new regulation against you. But if the VA does prove a reduction is warranted, your new rating will come from the new rating criteria.               

And I should add that if you file for an increase for that disability in the future, the VA will decide whether to grant your increase under the new ratings. That doesn’t mean you should never go for an increase after the VA has changed a rating schedule. It just means you have one more thing to think about when you’re weighing your options.                

I hope I explained that clearly. If you would like me to help you with your disability claim, you can reach out to me through the links on this website.

What Happens to Your Rating When the VA Changes the Rating Rules Read More »

Should you file an intent to file while still on active duty?

If you’d rather not read this post, you can watch the video.

You should not file an intent to file while you are still on active duty. At best it will do nothing for you, and at worst you could end up with an overpayment from the VA and have to pay it back. Although, that scenario is probably unlikely.

The intent to file form is a tool that preserves a veteran’s effective date for a claim. An effective date sets the earliest point in time when the VA will pay you disability benefits. If you file a disability claim within one year of coming off active duty, your effective date will be the day after your separation date. That is as early as it can possibly be. So, filing an intent to file two or three months before you get out can’t help you.

For the same reason, it doesn’t make any sense to file an intent to file during that first year after you separate. Say you file an intent to file two months after you get out and then file a claim 8 months later, your effective date is going to be the day after you separated, not the date of your intent to file. So again, the intent to file did nothing for you, and in that case, if the VA uses it, it actually hurts by costing you two months’ worth of benefits.

Now, if you don’t think you are going to get a claim filed at all in that first year, then an intent to file can help, but in that case, you’re still better off just filing a claim for anything you think is wrong with you. I mean, if all you do is file a claim form that says, my right shoulder’s jacked up. That would probably be better at least in terms of preserving your effective date.

If you are still in service you can file a claim between 90 and 180 days before you get out. That won’t hurt anything. But really, I think the best thing you can do to help yourself disability-wise is to gather all the evidence you can, medical records, orders, awards all that stuff. And for every medical or mental health problem you have, ask yourself, did the Army cause it or make it worse, and if the answer is yes, then file a claim for it.

The word disability makes us think about a person who is missing limbs and has to use a wheelchair. So a lot of veterans won’t file a claim because they don’t think they are broken enough for disability. I felt the same way when I got out. This was before I was ever a lawyer or even thought about helping veterans with VA appeals. The reason I filed a claim was for my wife. Because I knew, eventually everything I did in the Army would catch up to me, and I would be old and broken, and generally grumpy if not completely irritable, and my wife was going be the one who suffered. So I did it for her. And I also knew my claim would be a lot easier to prove right when I got out than 30 years from now.

If you don’t have a similar reason, think about it this way. If the Army broke it or made it worse, the VA has an obligation to take care of it. So file a claim. And start gathering your records before you take your uniform off because afterward, it’ll only get harder.

I hope that helps some of you. If you’d like me to help you with your VA disability claim, you can reach out to me through the links on this page.

Should you file an intent to file while still on active duty? Read More »

Don’t Accidentally Lose Your Intent To File Effective Date

This page is a slightly edited transcription of this video.

This one is new and a little odd. But in some situations, the VA might apply your intent to file to the wrong claim causing you to lose the effective date you were trying to preserve with the intent to file in the first place. This can happen if you have two or more disabilities at different stages of the claim or appeal process and file a supplemental claim for one of them, it might take an intent to file off the table when you didn’t want it to. We call different claims at different stages claim streams by the way.

A little background might help. So, originally, the VA regulations said that an intent to file could not be used on a supplemental claim at all. Last summer, 2021 for whenever you might be reading this, the United States Court of Appeals for the Federal Circuit tossed that part of the VA regs so now you can use an intent to file with a supplemental claim.

That was a great decision, it was the right decision, I’m glad the court fixed it. But as is often the case, the solution to a problem can also generate different problems. In this case, it does.

I think an example will help. Let’s say you just received a decision that put you at 50% for PTSD and you also have sleep apnea which you believe is secondary to your PTSD but you’ve never filed a claim for it and you aren’t ready to because you want to line up more evidence. But you go ahead and file an intent to file to preserve your effective date for the sleep apnea claim.

Next, let’s say you file a supplemental claim on your PTSD a month after your intent to file and within one year of the last PTSD decision. Then several months later when you receive the decision on the supplemental claim you realize the VA linked that intent to file to the PTSD supplemental claim and now that intent to file you put in for your sleep apnea claim is off the table.

Now because the supplemental claim was within one year of the last decision, I think that’s an error because the VA is obligated to give you the earliest effective date it can under the law which would be much earlier than the intent to file. But that doesn’t mean they won’t try to take the intent to file off the table anyway. But what if you filed that PTSD supplemental claim more than a year after the last PTSD decision. In that case, which claim should the intent to file relate to. Keep in mind that the VA doesn’t know you’re planning on filing a sleep apnea claim because the intent to file form doesn’t require or even offer a way for you to state which disability you want it to apply to. And that’s not a bad thing.

The VA has to follow its regulations which currently only allow one active intent to file form at any given time. And the VA’s intern interim guidance following the court case I mentioned earlier says, I’m paraphrasing, if you file a supplemental claim within one year of an intent to file, the VA will associate that supplemental claim with that intent to file.

On the more practical side, I don’t yet know how to prevent this problem. The law in this area is unsettled and I would be skeptical of anyone who’s telling you they have a guaranteed way to fix this. I will tell you what I’m doing with the veterans I’m working with. If there is an active intent to file, and we file a supplemental claim for something different than what the intent to file is for, I will specifically say in the argument that the veteran does not intend that the intent to file apply to this supplemental claim. I will also immediately file a new intent to file right after the supplemental claim just in case that argument is found to be invalid. I’m also trying harder to keep claims grouped together, if there are fewer claim streams then there is less of a chance of this problem popping up.

That is a defensive strategy to preserve effective dates. I don’t know if those arguments will work. And I won’t know, probably until I or some other veterans advocate takes a case like this to the Court of Appeals for Veterans Claim. And that can take a few years. So we are going to be dealing with this situation for a while. The VA could also update the relevant regulations. I’ll keep watching for that too.

VA disability law can be tricky, no single strategy is going to work for every claim. If you’d like me to help you with your VA disability claim you can reach out to me through the links on this page.

Don’t Accidentally Lose Your Intent To File Effective Date Read More »

What if your Supplemental Claim doesn’t have New and Relevant Evidence

You know that if you file a supplemental claim, you have to include new and relevant evidence. So, what if you don’t, what happens then.

The first thing that happens is the VA will consider your supplemental claim incomplete. That kicks you over into a different set of rules about what happens with incomplete supplemental claims. And the short answer is that the VA will send you a letter that says you have 60 days to do give them some new and relevant evidence.

If you do not send them new evidence or identify new evidence within that 60 days the VA will send you a letter saying basically that they can’t even consider the supplemental claim. You may think that is a decision that denies the supplemental but it’s not. You won’t even get a decision. Legally speaking, it will be as if the supplemental claim never happened.

If you do send them new evidence or identify new evidence, within that 60 days, now you have a complete supplemental claim and the VA gives you the filing date of the incomplete supplemental claim. The VA will treat it as though you filed a complete supplemental claim the first time.

Depending on your circumstances, how you do this can save or lose your effective date. Here’s an example, let’s say you get a decision denying your claim, and you wait one day short of a full year to file a supplemental claim. And let’s say your supplemental claim didn’t have any new and relevant evidence. The VA sends you the letter giving you another 60 days and you still don’t send new evidence. If that happens, that denial, just became final and if you eventually do become service-connected for whatever the claim was, you won’t be able to get an effective date back to your original claim.

But, using that same example, if you do submit new and relevant evidence within that 60 days, then you were able to buy yourself a little extra time because you had the full year after the decision, plus the time it took the VA to process the supplemental claim form and send you that letter giving you 60 days, plus an extra 60 days.

An extra 60 days might be all you need. Maybe you received that decision denying your claim, it made you mad, so you threw it wherever you throw bad VA decisions or bills, or anything you know you shouldn’t throw away but you don’t want to deal with. And then it gets buried and you don’t think about it for a long time until it’s too late, or almost too late.

Anyway, I hope you found this helpful. If you’d like me to help you with your VA disability claim, you can reach out to me through the links on this page.

What if your Supplemental Claim doesn’t have New and Relevant Evidence Read More »

Community Care Basics

Community Care Basics

I’m not going to be able to cover everything there is to cover about community care, but I do want to talk about some of the basics that you should be aware of. And just to make sure we’re all on the same page, when I say community care, I’m talking about medical care, paid for by the VA, but not at a VA hospital or clinic.

First of all, always get community care approved by the VA first, unless it is a medical emergency, or it’s an urgent care type situation. I’ll get into both of those in a minute. If you are dealing with a chronic medical problem or if it’s a new problem that’s just popped up but it’s not immediately life-threatening, you have no excuse. Contact the VA, get it approved ahead of time, and get proof of that approval. The VA will typically mail you a letter with confirmation, but you can also find it online. Log on to VA.gov, follow the links to your medical records, get to your ‘VA Blue Button Report’ it should be in there. I know, I can find my community care referrals in there but sometimes it might take a few days for the referral to show up in the records. I’ve made a video on how to access your VA medical records, which you should be able to find here.

If you go somewhere for medical care without prior approval, don’t kid yourself, you’re taking a big risk. Ask yourself, can I pay for this visit or treatment or whatever out of my own pocket. If the answer is no, and it’s not a medical emergency, please consider waiting on that approval.

Ok, so what about medical emergencies? If you are receiving VA health care for a service-connected disability or you’ve been seen by the VA in the last two years, the VA will pay for emergency medical care as long as your medical situation is such that a prudent layperson would reasonably expect that a delay in seeking immediate medical attention would be hazardous to life or health. Also, expect that the VA will try to move you to a VA hospital when you are stable. If you refuse that transfer, the VA will no longer pay. Also, note that it is very important that you contact the VA within 72 hours to let them know you are in or went to the emergency room. This part is important although it may not be a deal-breaker as far as the VA paying, so think about who are the people that are going to show up when you are in the ER and make sure they know that the VA needs to be notified.

With urgent care, there are two big things to be aware of. First, you have to make sure that you have been seen by your VA primary care team at some point within the past 2 years. So just make sure you get your annual checkup from the VA, and you’re good with that. Second, you have to make sure the urgent care provider is approved by the VA. Use this link to the VA’s website where you can search for approved urgent care providers in your area. This is a good thing to know before you’re in a situation where you need to go to urgent care. I’ve used this program personally, and have had no problems with it. So it is possible. And if you are in doubt, go ahead and call the VA first and ask them if it’s ok for you to go to urgent care for whatever you’ve got going on.

For any of this treatment, remember that depending on your situation with the VA, the VA may charge you a co-pay. If they do, the VA will bill you for that separately. I should add again that, if you haven’t been to a VA hospital or clinic in the last two years for some type of medical treatment, don’t expect the VA to pay for your community care.

There’s so much more that could be said about this topic, this only covers the basics. Even though this wasn’t about a disability issue, if you’d like me to help you with your VA disability claims, you can reach out to me through the links on this page.

Community Care Basics Read More »

Obesity and VA Claims

Obesity and VA Claims

Let’s talk about obesity and VA claims. There are a few things you should know if you believe that your service or your service-connected disabilities have caused you to become obese.

First, I want to say I’m talking about medically obese. Not your, or my, subjective idea of whether someone is obese or not. The medical definition of obese is “an increase in body weight beyond the limitation of skeletal and physical requirement, as the result of an excessive accumulation of fat in the body.” That’s from a medical dictionary, Dorland’s if you’re curious. And the threshold for whether someone is medically obese is probably lower than you think. You can check out the CDC’s website on that. I’ll put a link below. It all seems to be based on height and weight, which surprises me a bit, but I’m definitely not a doctor so I’ll leave that alone.

Second, and probably most important, so I probably should have led with this, but obesity is not a disability as far as the VA is concerned. That means, the VA will not pay you any disability for obesity no matter how clearly your obesity is caused by your service. So, obesity alone won’t get you there, but that’s not where things end.

If you have an event, injury, or illness in your service, that causes you to be obese, and that obesity caused a disability, you can service connect that second disability. Same thing if you have a service-connected disability that caused you to be obese and that obesity causes another disability. The rule is that while obesity is not a disability in itself, it can be an intermediate step to another disability.

To give an example, let’s say we have a veteran with service-connected PTSD, and because of that PTSD, the veteran self-medicated for years he has a serious problem with alcohol and those two things caused him to be obese. And because of the PTSD, alcoholism, and obesity, the veteran has sleep apnea. This veteran should claim sleep apnea secondary to PTSD. But he should say that PTSD caused sleep apnea and also PTSD caused alcoholism and obesity which in turn caused sleep apnea. Now, I’ve complicated this example quite a bit by mixing in PTSD and alcohol, but this is a fairly common situation.

That leads me to another point, if you are trying to use obesity as an intermediate step, you still have to line up solid medical evidence. Don’t think that obesity is a magic bullet, it’s not.

One last thing I should mention, if you are going to try to use obesity as an intermediate step you have to explicitly state that in some document that you send to the VA. Just because it says somewhere in your medical records that you are obese or lists your height and weight, or something like that, it’s not good enough to raise the issue of obesity as an intermediate step. You have to explicitly state it. My best advice is to put it on your claim form and put it in your lay statement. Both places, at a minimum. When you have to appeal a bad decision you’re in a much better place if you point to a document and say, see here where I told the VA I was making this claim.

As always I hope that helps. If you want me to help you with your claim, you can reach out to me through the links on this website.

Obesity and VA Claims Read More »

Date Entitlement Arose

Date Entitlement Arose

The date your entitlement to VA disability arose is one of the effective date rules that can cause a lot of confusion, both inside the VA and with veterans.

This phrase comes from the VA’s general regulation on effective dates which is 38 C.F.R § 3.400 and that regulation says an effective date will be “the date of receipt of the claim or the date entitlement arose, whichever is later.” There are exceptions to that general rule on effective dates which I’m not going to get into here because I want to focus on that one phrase “the date entitlement arose.”

Remember, the effective date for a disability determines when the VA starts paying disability. It makes sense that you shouldn’t receive disability before you are actually entitled to receive disability. That is essentially what the VA means by saying your effective date can be no earlier than the date your entitlement arose. Here’s an example:

Let’s say you file a claim for hearing loss and the VA sends you out for a C&P exam and that exam shows you don’t actually have any hearing loss. And for the sake of our example, let’s say you actually don’t have hearing loss. But while you’re waiting on the VA to make a decision, your hearing gets worse, and you convince the VA to give you another hearing exam which shows that you do have compensable hearing loss. In this situation, your effective date isn’t going to be the date you filed your claim because you didn’t have any hearing loss until sometime after you filed your claim.

So what is your effective date in that situation? It’s going to be the date your entitlement arose, which is the date you can show you first had compensable hearing loss. And in this example, I’ve created, that date is going to be hard to figure out. The VA is very likely going to go with the date of that second hearing exam as the effective date. But I think that’s a mistake. And this gets to a very common mistake the VA makes usually on supplemental claims where they assign an effective date as the date of a C&P exam. When they do this, the VA is basically saying your entitlement didn’t arise until a C&P examiner said you had the disability.

Again, this is wrong. It’s pretty obvious when you think about it. Have you ever had a medical problem start when you just happen to be in your doctor’s office? It’s absurd. You go to the doctor because you already have a problem. The Court of Appeals for Veterans Claims has acknowledged this by saying: “Entitlement to benefits for a disability or disease does not arise with a medical diagnosis of the condition, but with the manifestation of the condition and the filing of a claim for benefits for the condition.”

Note the use of the words entitlement and arise. The Court is sending a clear message to the VA to stop messing this up and instead of focusing on the exam, look for when the condition first manifested. Let’s go back to our hearing loss example. I would argue that the effective date is whenever your hearing got worse after that first hearing exam. If you can’t fix a specific date to that it this is where lay statements from you and your family and friends can make a big difference.

I hoped that helped. As usual, if you want me to help you with your VA claim you can reach out to me through the links on this website. I’m Al Walsh, a veteran who likes to help other veterans. Thanks for watching.

Date Entitlement Arose Read More »

VA’s all too common supplemental claim effective date error.

I want to talk about one fairly common mistake the VA makes. This particular mistake usually plays out in the following way. A Veteran files a claim gets denied and files a supplemental claim within one year. That supplemental claim has a new medical opinion and the VA grants the Veterans claim. But, and here’s the mistake, the VA sets the effective date as the date of the medical opinion, or the date of the supplemental claim, not the date the initial claim was filed.

I think the VA is pretty much always wrong when they do this. Now I’ll never know what’s going through a particular rater’s head when they make a decision, but I think the mistake falls mostly into two categories. The first is that the rater wasn’t paying close enough attention for whatever reason. The second is that the rater misapplied one of the VA’s effective date rules and the VA is basically saying the date your entitlement arose was the date of the new medical opinion.

When this happens, the first thing you should do is slowly and carefully read the decision. More than once. Look for any reason the VA gave you for that effective date. They may not give a reason, so there might be nothing in there. But if they did give a reason, you need to know about it so you can deal with it.

Second, you are usually going to be able to fix this with a higher-level review. Make sure you file that within one year of the decision. Submit a written letter with your higher-level review form. That letter will contain your argument which explains why the VA was wrong. You should just have to explain that your claim was continuously pursued. What that means is you never let a year pass after a decision before you filed an appeal of some kind.

Higher-level reviewers from what I’ve seen, usually get this right and correct the error. But if they don’t, you can appeal to the Board of Veterans Appeals.

Ok so what if you’ve waited more than a year to deal with this mistake from the VA. Unfortunately, in that case, your only real option to fix that effective date is to file a CUE claim. CUE, if you don’t know, stands for clear and unmistakable error. Unlike most other things in the VA universe, a CUE claim is a one-shot deal and if you mess it up, that’s it. So, you should take CUE claims very seriously. I don’t want really want to get into CUE right now so I’ll stop there. But please do talk to someone before you ask the VA to review a decision based on CUE. Several someones would be even better.

I hope that was helpful. And as usual, if you want me to help you with your claim, you can reach out to me through the links on this page.

VA’s all too common supplemental claim effective date error. Read More »

What Counts as New and Relevant Evidence

When you file a supplemental claim, you have to include new and relevant evidence. I want to talk about different ways that it’s possible to do that. There are some obvious answers and some not-so-obvious answers.

The bar for new and relevant evidence is set pretty low. And it’s supposed to be. New evidence is anything that was not part of your C-File when the decision was made. And relevant evidence is evidence that has something to do with your specific claimed disability. Those are my definitions. The two terms, new and relevant don’t have a precise definition but I’ll say that I really haven’t seen veterans getting burned by that. The VA is pretty good about accepting evidence as new and relevant and moving on to a decision.

But let me give you some examples of things that won’t work. If you submit a copy of a medical record, a Dr.’s opinion, or anything else and there is already a copy of that exact thing in your C-File, the VA’s going to shut it down because that evidence is not new. If you submit a medical record about a totally unrelated medical condition, that evidence may be new, but it’s not relevant. So again the VA’s going to shut it down. My point with these is that new and relevant is a forgiving standard it is a standard.

So what are examples of things that count as new and relevant? One that I use a lot, with almost every supplemental claim, is a new lay statement. All you have to do is describe your current symptoms of the disability and the effect the disability has on your life. And while you’re doing that, make sure you talk about something that you haven’t mentioned to the VA before.

Another very common example is a new opinion from a Dr. This works even if the only thing that’s new is the opinion. By that I mean, the Dr. can look at all the old medical records that were in your C-File, and nothing else, and offer an opinion, and that counts as new and relevant.

New does not necessarily mean the evidence was created recently. If you find a medical record that’s 40 years old and is not in your C-File, that’s new and you can add it with your supplemental claim.

Now, do you need to submit the evidence with your supplemental claim? No. As long as you submit the evidence before the VA makes a decision on the supplemental claim then you’re ok.  But you don’t know when the VA will do that so don’t drag your feet if you take that approach. If you know there is new evidence in your C-File since that last decision, you don’t have to provide that again, just mention that it is in your C-File and also mention the date it was added. You can also use the duty to assist to ask the VA to get records from other hospitals.

In the past, I’ve mentioned challenging the credibility and qualifications of any VA examiner who’s performed a C&P exam. Once you do that, the VA has to get the examiner’s qualifications under its duty to assist and those qualifications are new and relevant evidence and can support a supplemental claim.

One quirk I should mention, when I talk about the last decision, I mean the last decision where new evidence was considered. For example, let’s say you file a claim, it gets denied, then you appeal with a higher-level review, and that also gets denied. Then you file a supplemental claim. Your window for new evidence goes back to the date of the decision on your claim because the VA is not able to consider any new evidence on a higher-level review.

I hope that last part wasn’t confusing. The main point is you have a lot of options for what counts as new and relevant evidence. I should add, that just because it might be easy to open a supplemental claim doesn’t mean you’ll win. You still want the best evidence you can possibly get.

I hope that was helpful. If you want me to help you with your claim, you can reach out to me through the links on this website.

What Counts as New and Relevant Evidence Read More »

My Supplemental Claim Strategy

You may be thinking, it’s a supplemental claim, what’s there to strategize about? You get new and relevant evidence and you send it to the VA with the right form. That’s all there is to it. That certainly is the minimum requirement, but you can do more to help yourself.

Before I get into this, I want to say that my strategy for how I approach supplemental claims, and anything else I do, is constantly evolving. That’s a reality of life. We live in the real world where things are always changing and if we stick to a plan after it becomes irrelevant to the real world, we’re asking for trouble. Again this is how I approach supplemental claims now, but no strategy should be used blindly.

Step 1: You have to understand exactly why the VA denied your claim or rated you too low, or whatever the issue is. You have to know this, so you know what you need to prove. Then you know what new and relevant evidence you need to get to prove those things.

Step 2: Gather the new and relevant evidence which can be almost anything. Lay statements and medical opinions are the most common, but anything that is new and relevant and will help you counter the VA’s reason for its denial is fair game.

Step 3 is where I write the argument that I’m going to submit with the supplemental claim. The argument should list all the new evidence and explain why it’s relevant. Now, everything up to this point is pretty run-of-the-mill. But here is where you have to apply some judgment. You need to write something that is convincing, and you have to assume the rater will at best only skim whatever you’re going to write. That second part is a problem for folks, especially lawyers. We think people will be blown away by the power of our words, the light will shine down from above, and they will humbly acknowledge their errors. No, in reality, we usually lose people’s attention very quickly and need to plan for that.

So, know your audience. The rater isn’t going to read your angry screed about how awful the VA is. So leave that stuff out. You aren’t going to get much of their time and attention, use what little you have to highlight the most important parts of that new and relevant evidence and explain why that evidence means the rater should grant your claim. Focus on the biggest and most impactful things. That’s your best chance. I tend to focus on the facts and evidence. I mention some law but don’t hit the law very hard in a supplemental claim.

The other thing you want to put in your argument are things you need to say so you can appeal it later if you need to. Good examples of that are raising the issue of secondary service connection, particularly through intermediate conditions. A very common example of this is Sleep Apnea, secondary to PTSD with an intermediate condition of obesity. You need to say these things somewhere so that eventually if you have to can show the BVA or the Court you raised the issue and the VA ignored it.

Another thing I have started to almost always is to challenge the qualifications of every VA examiner in supplemental claims and invoke the VA’s duty to assist to make them produce the examiner’s qualification.

Step 4: Sometimes your argument will outrun your evidence. So go back and check that your new and relevant evidence actually does support all those things you wrote.

Step 5: file it.

Alright, the argument part of this, step 3, was the most in-depth. That’s appropriate. It’s your chance to persuade the VA they are wrong, be deliberate about it and use it wisely. I hope you found this helpful. If you want me to help you with your claim you can reach out to me through the links on this website.

My Supplemental Claim Strategy Read More »