Errors in VA Decisions

A veteran recently contacted us about a decision from a Decision Review Officer (DRO).  The decision denied the veterans application for an increased rating.  The decision focused on a specific test and measurements that had been performed at a VA C & P exam. It said that the results of that test meant the veteran had the same disability rating as before.

As we reviewed the veteran’s paperwork, we noticed that the veteran had the same testing performed at a VA medical center.  The testing performed at the VA medical center was performed about six months after the C & P exam.  This VA medical center testing showed that the veteran’s condition has worsened substantially.  This worsening should have entitled the veteran to a much higher rating.

However, the DRO decision did not mention anything about this other testing.  In fact, it appeared that the DRO had not reviewed the testing from the VA medical center at all.  The DRO decision did say that some VA medical center records were reviewed, but the records for the date that the veteran had the additional testing were not included.  It appears that VA did not even review all of the VA treatment and testing records when deciding this veteran’s case.

Unfortunately, many VA decisions contain errors.  Sometimes the errors are as straightforward as not reviewing all the medical records.  Other times, the errors are more difficult to find.

It is very important for veterans to review all decisions they receive from VA and consider appealing them.  Appealing a decision allows a higher court to correct errors in a decision, but veterans have a limited time to appeal the decisions they receive from VA.  Failure to appeal a decision on time often results in the loss of thousands of dollars or more in back due VA benefits.

Since the errors in a decision may be difficult to understand, it is often helpful to have an attorney review your VA decision for potential errors.  The attorneys in our firm will do this for free.  To find out how to get this set up, simply call the phone number at the bottom of this page or complete the “Need Help” form on the right side of this page.

Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims.  He regularly writes about issues that are important to veterans and their families.

You can subscribe to his Veterans Disability channel on YouTube.

Rita BarnesRita Barnes
00:03 20 Jan 22
This is a great group of people who really care about your well being. They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! For doing an awesome job.
Cortex ButlerCortex Butler
18:09 29 Dec 21
I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didn’t call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesn’t stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case That’s Taking Care Of Business
annetteMomma nokesannetteMomma nokes
14:29 12 Sep 16
Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. injury case. I tried going it alone and the insurance carrier pushed me around. They denied extra physical therapy. They denied injections the doctor recommended to ease my pain. When I turned my case over to Jason things turned around, QUICK. They were at all times attentive and on top of my case. I cannot recommend Jason and his staff enough. If you are hurt at work, this is the firm you want on YOUR side.
Sheila KirklinSheila Kirklin
23:11 12 May 16
Jason Perkins, was my lawyer in a workers comp. case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. Jason is a excellent lawyer and if I ever need another one I would only go to Perkins,Because I believe they would be able to help me in any situation I am in need of..
Anna PabonAnna Pabon
23:16 13 Sep 15
I recommend Perkins Law Firm. Everyone I came in contact with there was very nice. Kim was very helpful and any time I had a question she made sure I got an answer. Ann Margaret really took the time to explain things to me.
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