How To Win Your VA Claim: A Guide for Veterans

The VA disability claim process can be overwhelming for many veterans, leading them to make common mistakes that lead to VA rejecting their claim. Recent data and expert commentary indicate a denial rate ranging from about 30–50 percent. Several legal and veterans’ advocacy organizations state that VA has denied as much as 70 percent of initial claims at various points over the years.

Fortunately, there are tried-and-true strategies you can use to improve the chances that VA approves your claim. If you are a disabled veteran looking for help navigating this process, then this article will guide you toward dozens of our most popular resources to instruct you on how to pursue a VA claim. Highlights of this article include:

• Strategies on identifying a VA claim that is more likely to succeed
• What evidence to submit for a VA disability claim
• Tips on preparing for a C&P exam
• And more

Below, watch CCK Law Partners Christian McTarnaghan and Lindy Nash discuss what veterans can do to improve their chances of success when pursuing a VA disability claim:

Tip 1: Do You Know What Forms To Use When Filing a Claim?

One of the first steps to pursue your VA claim is to educate yourself on the forms you will need to file. These forms have a wide range of purposes, from enacting a VA disability claim to providing evidence for the claim, and even appealing VA’s decision on the claim, if you disagree with it.

Some of these forms, and their functions, include:

• Form 21-526EZ — Used to file your initial disability claim.
• Form 21-8940 — Used to provide evidence for a TDIU claim.
• Form 10182 — An official Notice of Disagreement to appeal one of VA’s decisions directly to the Board of Veterans’ Appeals.

“Something to keep in mind is that there are ways to follow up with VA to make sure they received your claim, appeal, evidence, etc. and that it is uploaded into the system,” says Lindy Nash, partner at CCK Law. “You can feel free to call your local VA regional office to check up on your submission, to make sure it is uploaded and pending. VA uses this end-product system, and so they’ll assign an EP or end product to every pending claim or appeal to make sure they don’t lose track of it.”

Watch CCK Law Partner Michael Lostritto, Supervising Advocate Michelle DeTore, and VA-Accredited Claims Advocate Rachel Foster share the seven most important VA forms:

Tip 2: Are You Sure You Have Established Service Connection?

After gathering the necessary forms, it is important to double-check that you have proven to VA that your disability is connected to your military service. This is called service connection.

For VA to recognize a veteran’s disability as service connected and grant the accompanying benefits, the veteran must identify evidence of each of the following:

1. An in-service injury, illness, or other incident (sometimes called a “service event injury”)
2. A diagnosis of a current disability
3. A medical link, or “nexus,” (e.g., a doctor’s medical opinion) connecting the diagnosed disability to the in-service injury, illness, or event

Note that VA has a “duty to assist” with collecting evidence and records. While submitting the correct evidence with your claim may greatly reduce the amount of time it takes to receive a decision, procrastinating or failing to file your claim can lead to you missing out on back pay.

In the video below, CCK Law Attorney Nick Scripter and VA-Accredited Claims Advocate Nicholas Briggs explain how veterans can prove VA service connection for their disability:

Tip 3: Have You Submitted the Right Evidence To Pursue Your VA Claim?

To prove service connection and gain any VA disability benefits you may be entitled to, it is critical to submit the most relevant evidence to VA. Different kinds of evidence will provide different weight to your case.

For instance, lay statements from friends and family may support your disability claim, but they may not impact VA’s judgement as much as service treatment records from your military service. Some examples of relevant evidence to submit to VA include:

• Medical records — Either from VA, a private physician, or even from your time in service.
• Military service records — These may include personnel records, service treatment records, and Certificates of Discharge (DD214).
• Lay statements — Testimonials from a veteran’s friends, family, or fellow service members supporting their disability claim.

In the video below, VA-Accredited Claims Advocates Kayla Rogers and Nicholas Briggs explain the forms of evidence veterans should aim to submit with their VA claims:

Tip 4: Are Your Prepared for Your Compensation & Pension Exam?

Compensation & Pension (C&P) exams are another key piece of evidence VA may request in order to consider your disability claim. C&P exams are ordered by VA and conducted by a medical professional to determine firsthand how your disability’s symptoms impact your daily life.

A C&P exam usually lasts 15 to 20 minutes, although the length can vary based on the type and number of disabilities being evaluated. During the exam, you should anticipate the following:

• Your VA examiner asking questions about your disability
• For physical disorders, you might undergo tests to determine your range of motion or loss of function
• Your examiner taking notes or filling out a Disability Benefits Questionnaire (DBQ) to determine the extent of your symptoms

Watch CCK Law Partners Michael Lostritto, Christian McTarnaghan, and Jenna Zellmer discuss what veterans need to know about C&P exams:

Tip 5: Did You Know You Can File Claims for Secondary Conditions?

Secondary service-connected conditions are ones that a veteran can prove were caused by a separate, primary service-connected condition.

For example, say a veteran suffers back pain from an injury they took during their military service, and that VA recognizes this is the case and compensates the veteran for it. If this back pain leads to depression and sleep disturbances, the veteran would be able to file a secondary service connection claim for these conditions, since they are the result of their primary service-connected condition (i.e., the back pain).

Secondary conditions are an important part of calculating any compensation you may be entitled to, especially for primary conditions that may typically receive lower ratings by themselves. If you are seeking to receive all VA compensation to which you may be entitled, you should consider filing a claim for any secondary disorders you believe you have.

Watch CCK Law Partner Emma Peterson and VA-Accredited Claims Advocate Claire Babcock address how veterans can determine if their secondary condition is eligible for VA benefits:

Tip 6: Are You Staying Updated on Your VA Disability Claim?

Throughout the claims process, it is crucial that you stay up to date on the status of your case. This will allow you to meet the proper deadlines, apply pressure on VA when necessary, and file an appeal as soon as possible if you end up disagreeing with VA’s decision.

Some strategies to stay ahead on your claim include:

• Acquiring a copy of your case records, known as a “C-File” (see resources below)
• Staying aware of VA deadlines so you don’t miss any important dates
• Educating yourself on the entire claims process and its timeline, so you know what to expect and when

In the video below, CCK Law VA-Accredited Claims Advocates Kayla Rogers, Brandon Paiva, and Alex Cerrone explain the top eight tips for pursuing a VA claim:

Frequently Asked Questions

What are the most common VA disabilities?

Some of the most common VA disability claims include tinnitus, limitation of flexion of the knee, paralysis of the sciatic nerve, lumbosacral and cervical strain, and post-traumatic stress disorder (PTSD).

How long does the disability claims process take?

The claims and appeals process timeline can vary significantly depending on the details of a particular case. However, general estimates for each step of the claims process are as follows:

• Claim submitted — Once a claim is submitted, VA will confirm the submission in either a few hours (if submitted online) or possibly two to three weeks (if submitted through mail).
• Initial review — It usually takes VA seven to 21 days to perform their initial review of a claim.
• Evidence gathering, review, and decision — The longest step in the process, VA can take three to six months to fully gather evidence, review, and decide on a claim.
• Decision made and notification sent — After a decision is made, VA will send a Decision Letter to the veteran, which can take seven to 10 business days to arrive. After this, the claim is complete, unless the veteran wishes to file an appeal.

Are VA decisions final?

No, not necessarily. VA sometimes makes mistakes with cases that lead to their final judgement being flawed. If you believe this is the case for you, you can always appeal a VA decision and potentially get VA’s decision changed or overturned. Under the Appeals Modernization Act, veterans have three options for appealing VA decisions: Higher-Level Review Lane, Supplemental Claim Lane, and Notice of Disagreement Lane (i.e., appealing to the Board of Veterans’ Appeals).

For a complete breakdown of how and when to appeal a VA decision, check out this article: How Long Do I Have To Appeal a VA Decision?

Need Help Pursuing Your VA Claim? Call CCK Law

VA disability appeals can be a lot to handle, especially for veterans who have already waited for years for a decision from VA. To help you navigate this complex and confusing process, consider enlisting the help of the experienced representatives at Chisholm Chisholm & Kilpatrick.

Call CCK Law today at (800) 544-9144 or contact us online for a free case evaluation.