Have you made the most of your time before your VA disability hearing?
Sun Tzu is one of the greatest military strategists of all time. Besides military leaders, many attorneys apply his wisdom to their legal practices. Maybe it was pure coincidence, but I came across two of his quotes yesterday rights on the heels of a good outcome for one of the veterans we represent. I thought they described the steps leading up to that veteran’s VA disability hearing pretty well. The two quotes both deal with preparation. They are:
The supreme art of war is to subdue the enemy without fighting.
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Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win.
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Now, let me tell you why these two quotes struck me so hard.
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Earlier in the day, I was about to head out the door to the local VA Regional Office for a client’s VA disability hearing. I was taking a last look over my notes and printing some copies when the phone rang. It always seems to happen that way – when I am up against a deadline or heading out to an appointment, one last thing or person needs my attention.
She had reviewed the file and was calling to tell me there was really no need for a hearing. She agreed that my veteran should be service connected with a 50% VA disability rating.
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She apologized for the last minute notice, and said we could still have the hearing if we wanted to.
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Uh, no thanks. You can just send me that fully favorable decision, please.
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Prepare Your VA Disability Claim to Make the Hearing No Big Deal
As I had told my client the day before the hearing, you don’t want the DRO hearing to be a high stakes event. We had already prepared the evidence we needed to establish the necessary points in his claim for service connection and our desired VA disability rating.
All we wanted to do at the hearing was point out to the DRO what we had already provided ahead of time, make sure they understood its significance in proving the claim, and answer any questions they had. If we did get to the point of giving testimony from my veteran, we were simply going to “fill in the gaps” and provide some additional details that were not in the documents we had already provided.
Say It Before Your VA Disability Hearing
Anything you are going to testify about at your VA disability hearing can be done ahead of time with a sworn statement. You can write out what you need to say at your hearing and submit it in advance so the hearing officer can read and consider it.
The same is true about the testimony of others you were planning on bringing to the VA disability hearing. They can submit a sworn statement without the need for driving to the Regional Office for the VA disability hearing.
In the majority of cases, the hearing officer will be just as persuaded by your written, sworn statement as they would be by your testimony at the VA disability hearing. Done correctly, it can have an even bigger impact than live testimony. Many veterans like the sworn statement because it is less stressful and they can be sure to cover everything they want the hearing officer to know. Look for more about that in a future blog article from me.
Show It Before Your VA Disability Hearing
Just like you can submit a sworn statement in lieu of live testimony, you can submit medical or military records before the hearing date. If you obtain something favorable to your claim, there is no need to wait until the VA disability hearing to show it to the hearing officer.
Do not wait until the hearing. You should present that evidence earlier rather than later so the person deciding your claim can have it as soon as possible.
Just be sure to explain to them what it is you are submitting and why it is important to your claim. Don’t assume that they will understand it without explanation.
The Key Is Submitting the “Right Stuff”
Many veterans think VA disability hearings are so important because they believe they can go in and convince the hearing officer to grant the claim based on sheer will or personality. It doesn’t work that way. And, the same is true of evidence you present before the VA disability hearing. If it doesn’t cover the missing pieces to your VA claims puzzle, it will not help you win your claim.
This is where someone experienced in the VA disability process can be a huge benefit. We help veterans every day identify, gather, and present evidence to win their claims. If you have questions about your VA disability claim, including the VA disability hearing or pre-hearing stage, feel free to reach out to us for a free consultation. We will be glad to hear from you and help.
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.
Jason Perkins' skill and care in navigating the Workers' Compensation labyrinth were invaluable. While the road was not always smooth, I cannot imagine traveling it with anyone other than Jason Perkins. He is generous with his time and expertise, patiently answering questions and explaining legal issues. Jason's intelligent, individualized attention enabled me to endure the otherwise hideous business of Workers' Comp. litigation. Throughout the entire process, he remained unshakably friendly, good natured, and easy to talk to. We had some genuinely enjoyable conversation unrelated to the case! Above all else, Jason's expert counsel succeeded in securing me the best possible settlement. He has my highest recommendation.Kelly McCaffrey
Perkins Studdard LLC, is a professional team to have on your side if you are on Workmans Comp.
They handle your case till you get a fair settlement that you feel comfortable with.harold smith
Jessica, Travis, and his team are nothing short of angels. I was not making progress, so I spent 6 months researching law firms. I'm beyond grateful that they took the time to help me and I'm confident that no other firm could have gotten the same results.
The process was the most difficult and mentally defeating experience of my life, but they took 100% of the bourdon off of my shoulders. They communicated every step of the long and overly complicated process. I'm forever indebted to these people and I will never forget them. Every Christmas I pause to think about my guys who didn't make it home, and I'll keep this team in my thoughts during those hard times.
I know it's difficult, but there are people like Travis and his team out there willing and able to help. To the warriors, keep your head up and stay in the fight.Michael
I can’t say enough wonderful things about Travis, and Jessica at Perkins Studdard! They went above and beyond for me and did everything they could to help. Their kindness, professionalism, patience, and genuine care truly meant a lot to me. I’m incredibly grateful for everything they did and the way they treated me. I highly recommend Travis and Jessica at Perkins Studdard to anyone looking for people who genuinely care about their customers. Thank you both for everything!Joe Tarno
They got me over $100,000 in back pay. Got me to 100% P&T.James Powell
I initially started my workers’ compensation case with another attorney. Although he was a good attorney, I eventually realized that I needed a different level of communication and support throughout my case. After searching online, I came across Jason Perkins and decided to give him a try. I can truly say that I have not regretted that decision.
One of the things I appreciated most about Jason and his team was how responsive and communicative they were. Having an attorney who kept me informed was extremely important to me. I never felt like I had to constantly call and ask what was happening with my case or where things stood. Whenever there was movement or an important update, Jason and his team made sure I knew about it. I always felt informed and included throughout the process.
Jason was also straightforward with me and consistently gave me what he believed was the best advice for my situation. My case was a lengthy process, but having an attorney I trusted and knowing that my case was being handled properly made that process much easier to get through. I never felt like I was just another case or that I was being left in the dark.
Looking back, I am very glad that I made the decision to switch attorneys and work with Jason Perkins. He and his team gave me the communication, guidance, and reassurance I needed throughout a very long process. I would absolutely recommend Jason to anyone looking for a workers’ compensation attorney who will communicate with you, keep you informed, and genuinely work to get the best possible outcome for your case.Christina Barrett
Jason did a great job very fast and efficient got me a bankroll in less than 30 days i highly recommendReality Rap
OMG, I wish I could articulate how Fantastic (5 stars) my experiences have been having Travis Studdard represent me over the years. He is amazing at what he does and he has done so much for me I can never thank him enough. Jessica is also Fantastic and always responds expeditiously.
I highly recommend Perkins Studdard LLC to represent you!!
Thank you for all your fantastic work representing me, I sincerely, appreciate it!!keith morrow
Jessica and Travis listened and worked very hard getting us a really great disability payment. Thank you so much for listening and every month we appreciate your time and energy. Thanks againJeannie Brown
Working with Jason was an absolute pleasure if I had any questions or concerns they were right there with the right answers I would recommend Perkins and Studdard to anyoneRickey
I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
