Friend Jim,

In our previous communications, I told you that I am currently rated at 90% SC and was applying for TDIU due to a worsening back condition. On your site you've shown that 70% of all disability applications are initially denied at the VARO. Well I guess I'm part of the lucky 30%. I received my notice of TDIU permanent and total today, and I have to say I believe it was successful because I followed your advice and did it myself. I filed the initial application, made all C&P appointments on time, and submitted all supporting documentation via certified mail with return receipt requested.

To all your other readers I can strongly advise that you follow Jim's suggestions and remember that no one knows your case as well as you do. Learn the VA procedures and requirements, keep good track of all documents, and have patience. And then more patience.

Many thanks Jim for your advice, support, and a kick-in-the-butt reminder to ignore ebenefits. There is no doubt things would not have gone so smoothly without you.

All my best to you and yours...

Reply:

We always appreciate hearing such kind words. Thank you for taking the time to tell us of your success.

Your message serves as a great reminder to all of us who are engaged with VA...we must do the necessary work for ourselves. If we expect that we can just make a call or hand off a form to a "representative" to do it all for us, we'll lose.

I believe that for the most part that the people who are doing the work at the VBA, the raters, are either neutral in their attitude or they want to award a benefit to every veteran. I hear from a lot of raters who are as frustrated as any veteran with the delays and inconsistencies that are built into the system. So...knowing that, why the problems?

Many of the problems that are seen in appeals are a direct result of sloppy work when first filing the claim. Most veterans choose to use a representative. Most "reps" are volunteers who have little or no formal training. A claim for prostate cancer may say, "I want agent orange benefits." That's the sort of claim that is nothing more than the beginning of years of problems and appeals. That claim should have said, "I am a Vietnam veteran and I served with boots on the ground in 1968. I have prostate cancer that I understand is related to exposure to agent orange. I am applying for all appropriate disability benefits."

There is a world of difference in the presentation of the claims above even though they are for the same condition and the same benefit. Then the veteran should carefully ensure that VA has all the access to records or other evidence required. To get this done just isn't that difficult.

The trick to winning a claim at VA isn't genius and it doesn't require much effort by the veteran. You just have to give the rater what he/she needs to award your benefit. If you do that, you make their job simple. If you present it in such a fashion that your claim really can't be denied, you win.

How hard is that?

A lot of claims I review are FUBARed from the very start by a well meaning representative who the veteran met at the local watering hole. The veteran and the rep write a few words and send it to the VA with the attitude that it's the job of the VA to sort all the details out. We call those folks "losers". Yes, it's the job of the VA to do the grunt work. However, when we know that VA is operating in chaos, it seems foolhardy to think they will do better on our claim that they do on hundreds of thousands of other claims.

Do it yourself. Do it right the first time. Present your well grounded claim and your evidence in a way that can't be disputed and in time you'll have exactly the benefit you've earned.