Unfortunately, VA often does not get it right. We have many veterans contact us about ratings decisions they receive. In reviewing these ratings decision, we often find errors.
A common error we see is the VA decision not taking into account all of the medical information. One common way this happens is a decision only focusing on the results and measurements that had been performed at a VA C & P exam while failing to take into account other medical evaluations that had been performed either before or after that C & P exam.
Another common error we see is VA decisions which apply the wrong standards. Some common examples our veterans disability team sees in VA decisions include the following:
- Decisions that talk about a veteran failing to prove their case by clear and convincing evidence when that is not the legal standard for the issue that VA should be applying for the veteran’s application for benefits
- VA decisions that say a veteran has not filed the proper forms to have their issues decided by VA
- Decisions establishing facts entitling the veteran to a higher rating but still giving the veteran the lower ratingAs we reviewed the veteran’s paperwork, we noticed that the veteran had the
These are just a few of the types of errors we see. Sometimes the errors are straightforward and easy to see. 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 decisions allows correction of 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.
Also, VA has several different paths to take when considering an appeal. Determining the errors VA made can be difficult enough. It can be even more complicated to determine the best path to take to get the best chance to correct the errors in a timely manner.
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 see if there is an error we can help you address with VA. To find out how to get this set up, simply call the phone number on this page or complete our consultation request.
