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The Persistent, Patient Veteran Wins
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VA-Accredited Claims Agent #45147

Advice from the Advocate

The Persistent, Patient Veteran Wins

The single biggest predictor of a successful claim is a veteran who stays in the fight

The VA system is slow, adversarial, and built to wear you down. The veterans who win treat the claim like a long campaign — persistent on the details, patient with the timeline, and relentless about follow-through.

The Law That Governs This
38 CFR §3.159 (claimant duty to cooperate)38 CFR §3.303 (continuity of symptomatology)38 CFR §3.655 (consequences of missing an exam)38 CFR §3.158 (abandoned claims)
In Plain English

This Is a Campaign, Not a Firefight

A VA claim is not won in a single decisive moment. It is won over months — sometimes years — of disciplined effort: filing correctly, keeping appointments, answering every letter, and refusing to quit when the first denial lands. The veterans who succeed understand this is a campaign with phases, not a one-time submission.

The system is designed for attrition. Processing times, bureaucratic complexity, and the adversarial posture of the rating process are not bugs — they are features that weed out claimants who give up. The veteran who outlasts the system is the one who wins.

This Is a Campaign, Not a Firefight
In Plain English

Persistence Beats the Deny-and-Delay Playbook

The VA's most effective weapon is not the denial letter — it is the delay that precedes it and the silence that follows it. The system counts on you missing a deadline, skipping a C&P exam, or giving up after a denial. Every one of those is a win for the VA's budget and a loss for you.

Under §3.158, if you fail to respond to a VA request within one year, your claim is abandoned. Under §3.655, missing a C&P exam without good cause can result in denial. These regulations are not obscure — they are the mechanisms that process attrition into denied claims. Persistence — showing up for every step — takes the VA's most reliable weapon off the table.

Persistence Beats the Deny-and-Delay Playbook
The Checklist

What Patient Persistence Looks Like

01

You treat every VA letter as a deadline, not a suggestion

02

You keep continuous medical care on the record, not a one-time visit — §3.303(a) rewards continuity

03

You update your statements to describe your condition today, not five years ago

04

You stay with one coherent strategy instead of restarting with a new rep every few months

05

You let the appeal timeline play out instead of abandoning back pay because it is taking too long

06

You attend every C&P exam — on time, prepared, and ready to describe your worst days

07

You keep copies of everything you submit and receive, building your own shadow file

In Plain English

The Math of Persistence

Consider: a veteran denied at the initial claim level who files a Supplemental Claim with a strong nexus letter and is granted at 70% collects back pay from their original effective date. If that date was protected by an intent to file submitted 18 months earlier, the back pay alone can exceed what many veterans earn in a year. Walking away after the denial would have forfeited every dollar of it.

The Math of Persistence

The Advocate's Take

The veteran who stays patient and persistent is the veteran I can win for. Give me a fighter who shows up for their own claim, and we will take ground the VA never wanted to give.

How claims are won

Building a The Persistent, Patient Veteran Wins Claim That Wins

Every claim stands on three legs. Knock one out and the claim falls over, no matter how bad your symptoms are. Before you file, look at your file and find all three.

01

A current diagnosis

A doctor has to say you have it, now, in writing. Not "reports symptoms of" — a diagnosis. Without this leg, nothing else in the file matters.

02

A link to your service

An event, an injury, an exposure, or an already service-connected condition. Service records, unit records, buddy statements, and your own account all count as evidence.

03

A nexus that ties the two together

A medical opinion stating it is at least as likely as not that your service caused or aggravated the condition. That phrase is a legal standard: 50 percent or better. It is the leg most denials break.

Document the problem before you file

• Keep a dated symptom log for at least 30 days. Frequency, severity, and what it stopped you from doing.

• Get statements from people who see it — a spouse, a coworker, a battle buddy. Lay evidence is legal evidence.

• Pull your private treatment records. The VA only has to help; it does not have to go find everything.

• Write down what you have stopped doing. Lost work, lost sleep, lost activities. That is what impairment looks like on paper.

Know them before you file

Your Rights in This Process

It costs nothing to file

Filing a VA claim is free. Accredited representatives may only charge for work on an appeal after an initial decision, and those fees are capped by 38 CFR §14.636.

The VA has a Duty to Assist you

Under 38 CFR §3.159 the VA must help you get the evidence it needs, and it must tell you what is missing before it denies you for missing it.

You can ask for a different examiner

You may request a trauma-informed clinician, or a clinician of a specific gender, for a C&P examination. Ask before the exam is scheduled.

You can claim every condition you have

There is no limit and no penalty. Primary conditions, secondary conditions, and conditions made worse by service all get filed.

You can appeal and be re-evaluated

A denial is not the end. You may submit new evidence, request a higher-level review, appeal to the Board, and ask for re-evaluation when your condition worsens.

You must be considered for TDIU

If your service-connected conditions keep you from holding substantially gainful employment, you may be paid at the 100 percent rate without a 100 percent rating.

Free · no obligation

When You Are Ready to File

Talk to an accredited representative before you file. It costs nothing to ask, and the order you file in changes what the VA is allowed to award you. Albert L. Thombs Jr. is VA-Accredited Claims Agent #45147.

VA Form 21-526EZ

The application itself

This is the form that opens a disability compensation claim. List every condition you are claiming, and name the secondary conditions explicitly.

VA Form 21-4142

Release for private records

Authorises the VA to request records from your private doctors. Without it, treatment outside the VA may never reach your file.

VA Form 21-10210

Lay or buddy statement

The official form for your own statement and for statements from people who witnessed the event or the change in you.

Denied or under-rated?

Talk to a VA-accredited claims agent about the persistent, patient veteran wins

Albert L. Thombs Jr. is a US Army veteran, VA-Accredited Claims Agent #45147, and 100% service-connected himself. He personally reviews every request. Fees are capped by 38 CFR §14.636 — and there are no fees unless you win.

Request My Free Case Review 702-992-4883

Mon–Fri, 11AM–6PM Pacific

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Three Ways to Put an Accredited Agent on The Persistent, Patient Veteran Wins

No fee unless you win. An accredited agent #45147 personally reviews every request — we respond within 48 hours.