Nearly 88% of all Veterans currently receiving VA compensation are under compensated. Alarmingly, this number increases if you solely focus on the military retiree population (i.e. those with 20 or more years of cumulative active duty service).
Of the thousands of clients McKeown Law has represented, several topics emerge in the scope of identifying why their clients’ prior attempts at VA compensation claims fail.
Most Veterans that file claims for VA compensation do so with the assistance of non-lawyer Veteran Service Organizations VSO (e.g. American Legion, Disabled American Veterans, etc). In those instances, the attorneys at McKeown Law frequently notice several issues in regard to VSO representation.
- VSO’s commonly disregard potential claims in Veterans’ active duty records.
- VSO’s commonly fail to raise common complications stemming from previously service connected claims.
- VSO’s commonly miss glaring errors made by the VA.
- VSO’s commonly do not understand the law nor do they advocate as effectively as an attorney.
Quality Medical Evidence
Relevant and adequate medical evidence is an absolutely critical part of a successful VA compensation claim. In many cases it is the underlying medical evidence that drives the desired result.
Regarding our clients prior dealings with VA compensation examiners, two main issues emerge that tend to negatively effect their VA compensation claims, prior to our representation.
First, many Veterans are unaware of the relevant information they should communicate at the VA examination. Although many Veterans experience all of the relevant symptoms to support a higher percentage, they fail to communicate the symptoms properly and effectively at the VA examination, thus resulting in a lower evaluation than what they are legally entitled to.
Second, many Veterans are unaware of the requirements the VA must fullfil in providing a VA compensation exam that complies with the law. Determining if the examiner asked all of the proper questions, performed all necessary tests, and properly recorded all of the necessary results is typically beyond the scope of most VSO’s understanding. Failing to identify and articulate these flaws can make all the difference.
With these issues in mind, McKeown Law takes great care in preparing our clients for their VA compensation examinations and evaluating the adequacy of those exams after they have been completed.