This, in my opinion, is the most important, and yet most difficult, challenge for disabled veterans. In the vast majority of cases, VA disability claims are won or lost on the medical evidence. The medical evidence process usually starts with the VA obtaining a one-time medical examination as part of its duty-to-assist, which includes a written opinion based upon the examination and a review of the veteran’s medical records. More times than not, the opinion is unfavorable.
To have any chance of succeeding, the veteran must then rebut this medical opinion with his/her own medical opinion, contradicting the VA examiner’s findings. One possibility is for the veteran to turn to his/her treating VA physician to obtain a rebuttal medical opinion. But a treating VA physician will almost always refuse such a request. The VA medical staff tell their physicians not to assist veterans in their disability claims.
This leaves only one alternative — to pay a private physician to conduct an examination and to prepare a written report at a cost ranging from $800 to $2,000. This is a lot to ask the average claimant. Few claimants have the money or the legal experience necessary to obtain a persuasive rebuttal medical opinion.
At this point, the claimant should seek the assistance of a law firm experienced and knowledgeable in VA disability law. Our law firm, The Veterans Law Group (VLG), has decades of experience in VA law, with a 93% success rate. This outstanding track record owes a great deal to our experienced medical consultants. At our expense, the VLG hires experienced medical consultants, including psychologists, orthopedists, neurologists, cardiac surgeons to name just a few, to ensure a successful result for our clients.