With 10 years of representing Veterans before VA Regional Offices all around the country and the BVA, I have a firm belief that Veterans can improve their VA Claims by following 8 Steps to Improve their VA Claim A recent non-precedential opinion of the Veterans Court seemed to follow those Steps in pointing out the flaws in a BVA decision.
- Step 2 (Get your C-File)
- Step 5 (Use 5 Star Evidence)
- Step 6 (Choose your Battlefield)
- Step 7 (Get Help!)
General Facts of the Thomas Case.
- A statement from his wife that he “sat up all night waiting on the enemy”.
- VA Medical exam documenting suicidal and homicidal thoughts, hearing noises that sounded like booms
- A VA Medical exam that diagnosed the Veteran as “malingering”
- A private medical opinion that diagnosed PTSD, and documented poor short-term memory, poor coping skills, and an inability to handle changes in stressful situations
- A VA Medical Exam that documented intrusive daily thoughts of Vietnam, twice weekly nightmares, difficulty sleeping, problems concentrating, and detachment from others.
- VA Exams that documented hearing non-existent gunfire, isolation, jail time for fighting with his wife, and more. The Veteran for example, did not know the 1st US President, concluded that 5+4 equalled 20, and thought the colors of the US flag were red and white.
- A private medical exam with a GAF Score of 49, and a statement that the Veteran was “adequately reliable” in the information he provided, given his level of functioning due to the mental health condition.
- A VA exam which “Un-diagnosed” malingering.
- A lot more favorable — and unfavorable — medical evidence, from private and VA practitioners.