John Lafferty
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No More Wasting an Intent to File on a Supplemental Claim: What the Court Ruled
An Intent to File can protect months of potential VA disability compensation while a veteran gathers the evidence needed to complete a claim. But what happens when a veteran already has another claim in progress and files a Supplemental Claim before completing the new claim? Can the VA attach the Intent to File to the…
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What VA Caregiver Assessments Actually Evaluate: ADLs, Supervision, and Documentation
A serious diagnosis and substantial caregiver involvement do not, by themselves, explain how VA will decide a PCAFC application. The assessment process focuses on specific functional limitations, the frequency and type of assistance required, daily safety risks, and how consistently those needs are documented. Many Veterans and caregivers enter the Program of Comprehensive Assistance for…
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When Does a Veteran’s Statement Become Evidence?
One of the most common reasons for denying a VA disability claim is the statement: The evidence does not show a current diagnosed disability. For many disabilities, that conclusion may be correct. However, experienced service officers should recognize that the analysis does not always end there. Before accepting a denial based on the absence of…
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When VA Conditions Worsen: Looking Beyond the Original Rating Decision
Many veterans think about worsening service-connected disabilities primarily in terms of whether they qualify for a higher rating. While increased evaluations are certainly important, worsening conditions often affect far more than a single percentage under a diagnostic code. As disabilities progress over time, veterans may gradually experience more pain, reduced mobility, declining stamina, sleep problems,…
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The VA Is Moving Faster. The Law Still Requires Clarity. What That Means for Your Claim.
When the VA denies a claim, you should know it. That sounds obvious. But under recent changes in how claims are decided, it is becoming more difficult to tell exactly what was decided—and what was not. Some decisions now move more quickly through the system. They may address one pathway clearly while leaving others less…
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Bad VA Exams Still Drive Denials — And Most Veterans Never See the Problem
It’s natural to conclude that a claim was denied because the evidence wasn’t strong enough. If the VA said no, then something must have been missing. And often enough, strengthening the case with more evidence does resolve the issue. But that’s not always what happened. There’s a distinction that gets overlooked early in the process,…
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Your VA Medical Record May Be Working Against You
What gets written in your record is not always what you said. But it is what the system uses. Once something is written into your VA medical record, it becomes part of the story used to make decisions about your care and your benefits. Most veterans assume their VA medical record reflects what actually happened…
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No Record? That’s Not Enough to Deny a Claim: What the VA Must Consider Before Denying
Many veterans believe that if there is no record from service, there is no case. That belief keeps a lot of valid claims from ever being filed. And that belief is wrong. VA claims are not based on perfect records. They are based on whether the evidence, taken as a whole, shows that something happened…
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You Don’t Feel Disabled. The VA May Disagree.
Most veterans who never file a VA claim have one thing in common. They feel fine. Many veterans I speak with say the same thing at first. They are working, staying active, and handling life. They naturally do not see themselves as “disabled” in the way most people think of it, so they assume VA…