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Thoughts on Expectations

  • May 14
  • 4 min read

One thing I’ve been thinking about lately is expectations when it comes to VA claims, appeals, VSOs, accredited reps, and attorneys.


I watched a video recently from a retired rater who made a point that stuck with me. He basically said that unless someone has worked for the VA, they’re never going to fully understand VA claims the way VA employees do.


There’s some truth to that. Former raters absolutely bring valuable experience to the table.


But I also think that statement gets oversimplified sometimes.


Even inside the VA, not every rater handled the same types of claims. Not every rater saw the same conditions. Not every rater interpreted evidence the same way. And frankly, if every rater got everything right all the time, we wouldn’t have Higher-Level Reviews, Supplemental Claims, Board Appeals, remands, or Court cases.


Just because someone worked at the VA does not automatically make them an expert in every issue a veteran can face.


The reality is that VA disability is incredibly complicated. There are hundreds, maybe thousands, of possible conditions, secondary connections, aggravation theories, toxic exposure issues, mental health interactions, medication side effects, functional impacts, and overlapping symptoms. Then you add in different examiners, different raters, different Regional Offices, and different interpretations of evidence.


No single person has seen everything.


That includes attorneys.


Attorneys generally do not learn how to rate claims. We don’t sit there memorizing internal production systems or learning how to process 40 claims a day. That’s not really our role.


What attorneys are trained to do, if they’re good at it, is identify problems.


We look at a denial letter and ask:

What is the VA actually saying here?

What evidence is missing?

What theory failed?

What evidence was ignored?

What legal standard was applied incorrectly?

What can we do to fix this?


A good attorney is basically a professional problem solver.


That doesn’t mean attorneys are automatically better than VSOs or accredited representatives. A good VSO can be outstanding. A good accredited agent can be outstanding. A bad attorney can absolutely be terrible.


The point is that everybody brings different skills to the table.


So veterans end up asking:

“Should I do this myself?”

“Should I use a VSO?”

“Should I hire an attorney?”

“Should I use one of these private companies online?”


Honestly, my answer is:

It depends on what you want.


If you simply want help filing an initial claim, a VSO is often a great option. Most will help for free. Many accredited reps and agents will too.


Attorneys can help with initial claims, but many don’t focus there because there’s usually no direct fee structure available on initial filings.


Then you have the non-accredited companies.


And this is where I think veterans need to be very careful.


Some are probably trying to help people legitimately. Some are not.


I’ve now heard enough horror stories that I would personally steer veterans toward accredited people whenever possible.


I recently heard about a veteran getting hit with a massive bill for conditions he never even intended to claim. Allegedly claims were filed he didn’t fully understand, and now he’s trying to unwind the mess with an accredited attorney involved after the fact. There may even end up being litigation over it.


That kind of situation is exactly why accreditation matters.


There’s oversight. There are rules. There’s accountability.


Now, another thing I hear sometimes is:

“Attorneys want your initial claim to fail so they can get paid on appeal.”


I’ll be blunt about this:

I take real offense to that idea.


I’m sure there are bad actors somewhere in every profession. But I do not know a single VA-accredited attorney personally who wants veterans to lose their claims on purpose.


I would much rather see someone get granted correctly the first time.


Faster decision.

Less stress.

Less financial hardship.

Less waiting.

Less appeal work.


That’s better for the veteran.


That’s actually one reason I encourage people to let me review things before they submit if possible. Sometimes a little strategy up front can avoid a lot of unnecessary appeal chaos later.


Because once things start snowballing, they can get complicated fast.


Deferred claims.

Conflicting DBQs.

Bad C&P exams.

Missing nexus opinions.

Secondary conditions tied to other pending conditions.

Mixed evidence.

Multiple appeal lanes.


I’ve seen situations where somebody has 20 or 30 active issues moving in different directions at the same time. At that point, part of the job becomes simply organizing the chaos into something manageable.


And sometimes even a really strong claim still gets denied.


That’s another thing veterans need to understand.


A denial does not always mean the claim was weak.


Sometimes the evidence was good but explained poorly.

Sometimes the examiner missed something.

Sometimes the rater misunderstood something.

Sometimes the medical opinion was terrible.

Sometimes the law itself is complicated.

Sometimes the veteran accidentally left out the one piece of evidence that connected everything together.


That’s why strategy matters.


Documentation matters.

Organization matters.

Consistency matters.


And honestly, trust matters too.


Whether you use a VSO, an accredited agent, an attorney, or nobody at all, I think the most important thing is finding someone you trust. Preferably someone who actually knows you, understands your situation, and is willing to explain things honestly instead of promising miracles.


Because there are no guarantees in this system.


Anybody telling you they can guarantee a rating is somebody I would personally avoid.


Anyway. Just some thoughts I had while thinking about all this today.

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