Blawg of Attorney Christine M Bechtold

Yes, the VA will accept your private medical records for your VA disability appeal. Not all Veterans receive their medical care at the VA, some receive partial care, and others do not even step foot into a VA medical facility. If you have non-VA medical records applicable to your currently applied disability, it is your responsibility to get those records to the VA, but the VA also has a duty to assist. “VA’s Duty to Assist requires VA to assist you in getting evidence, such as medical records, that’s needed to support your case.” https://www.va.gov/decision-reviews/faq/ . Even though the VA has this duty, it is usually more efficient if you obtain the records on your own. Having non-VA medical providers can assist your claim in some situations. A VA accredited attorney can help you obtain a nexus support letter, something most VA medical providers will not write. This nexus letter will show the VA: 1) that you have a current medical condition, 2) that you had an event, injury, or...

Going through the VA disability process is overwhelming and complicated. Once you apply for your VA disability benefits and are denied, it is difficult to know what to do next. “ If you disagree with a VA decision dated on or after February 19, 2019, you can choose from 3 decision review options (Supplemental Claim, Higher-Level Review, or Board Appeal) to continue your case.” https://www.va.gov/decision-reviews/ . All 3 decision review options have their own benefits. The Supplemental Claim option allows you to submit new evidence, the Higher-Level Review option provides you with another review of your already submitted evidence, and the Board Appeal option provides a hearing with a Veterans Law Judge. Some options will provide a quicker decision while others may take longer, but may be more beneficial for your specific case. It is important to talk to someone who is familiar with the VA appeals process to help guide you through the maze. The VA has an accreditation program for qu...