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The Four Pillars of a VA Benefit Claim.

This is going to sound strange coming from an attorney thatrepresents Veterans.....

Not every Veteran needs to hire an attorney or VSO to representthem. There are many of you out there who are perfectly capableof handling your own VA Claim or Appeal.

I encourage Veterans who want to take charge of their ownclaim to work through my 8 Steps to Improve Your Own VAClaim. I developed the 8 Step approach - and use it in our Firm'sclaims and appeals - after YEARS of studying how the VA does(and does not) handle claims and appeals.

The first - and I mean the very first - step in that approach is to admit that we - Veterans - see the problem in our VAClaims and are ready to do something about it.

The problem isn't the VA. The problem isn't Congress. Okay, they are the problem. But you can't FIX that problem. The VA has been a soup sandwich for 100 years (or longer) and will continue to be one.

The problem - the one that we CAN fix - is that we have the ability to Take Back the Power in our own VA Claims andAppeals.

Start Taking Back the Power by Simplifying your VA Benefit Claim.

There are four (4) key things that need to be proved in just about any VABenefits Claim - what I call the Four Pillars - are these:

1) Make Sure You Have Qualifying Service and Eligibility as a Veteran .

2) Know the 5 Paths to Service Connection.

3) Take the Mystery Out of the Impairment Rating

4) Fight for the Correct Effective Date

Keep the VA Benefit Claim Simple by focusing on these 4 Pillars.

The Key - the Real Secret - is Your VA C-File.

You will notice in the sample organization above that each of these 4Pillars rests on evidence from your VA C-File. If you don't have acopy of your VA C-File, then you have found 1 of the 5 Reasons thatthe VA Keeps Screwing Up your VA Claim.

Get your C-File - if you don't know what's in it, it may be hurting yourclaim. What is - and what is not - in it is the reason your claim hasbeen held up for so long.

Can you think of an issue in your VA Benefit Claim that does NOThave to do with the 4 Pillars?

Fight battles in your VA Benefit Claim in that Order.

What I really like about the "4 Pillars" approach is that you can streamline your VA Claim or Appeal for the VARegional Office employee by focusing on the issues in just that order.

In other words, stop arguing with the VA over effective dates (Pillar #4) until you have a condition service-connected(Pillar #2) and an impairment rating assigned (Pillar #3).

Arguments about Impairment Ratings (Pillar #3) are largely going to be ignored by the VA until you can build Pillar #2:Service Connection.

Focus your written submissions on the 4 Pillars of a VA Benefit Claim.

Every document you file with the VA should have some so-called "CYA" (Cover Your A**) language in it. After that,organize your submission by giving each of the 4 Pillars a separate heading. Here's how that might look.

(I want you to focus on the STRUCTURE and ORGANIZATION of the argument below, not the actual words. Forexample, if you use the phrase "Pillar 1", the VA won't have a clue what you are talking about -- thats an ALF termmeant to help give you help seeing how the 4 Pillars can build your VA Benefit claim arguments for YOU).

As you read the sample format below, think whether this kind of organization might help a VA Rater more easilyunderstand your claim and - at least in my experience - empowers THEM to issue a quicker decision for YOU.

And by the way - if you want to become MORE persuasive in your VA Claim writing, be sure to check out a copy of mynew 25 minute training Video - "Get to the POINT! How to Write Better in Your VA Claim".

A. CONDITION: DIABETES.

Pillar 1: Eligibility as a Veteran

I have shown that I am an eligible Veteran. Explain the details of how you became eligible, and cite to the page inyour VA C-File that has the evidence PROVING that you are eligible.

Pillar 2: Service Connection

I have shown that I am entitled to service-connection of my diabetes because I showed evidence of my high bloodsugar in service, have provided a medical statement from the VA Medical Center showing that I have was diagnosedwith Diabetes after my discharge, and have an expert medical opinion explaining how my Diabetes is at least as likelyas not related to my military service.

Again, be sure to cite to the page in your VA C-File that has the evidence PROVING that you are eligible. It doesn'tmatter whether you THINK you have proven service-connection. What does matter is that you provide EVIDENCEthat you did prove each element.

Pillar 3: Impairment Rating.

I have attached a DBQ (Disability Benefits Questionnaire) from my VA Medical Center Doctor that shows the currentstate of my diabetes, and in comparison with 38 CFR Table 4 (Diagnostic Code 7913) I believe I am entitled to a 40%rating for my Diabetes.

Pillar 4: Effective Date.

It is my opinion that I am entitled to an effective date of [Choose the earliest date you think the law will support].However, I will reserve my arguments about effective dates until after the VA Ratings Decision granting service-connection and a 40% Impairment Rating is issued.

Chris Attig, an Accredited Veterans Benefits attorney and Founder of the Attig Law Firm, PLLC is responsible for thecontent of the site. The principal office of Attig Law Firm, PLLC, is located in Dallas, Texas. Chris Attig is NOT

Certified by the Texas Board of Legal Specialization. - Please view our website disclaimer.

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