How to Win Your VA Claim: A Guide for Veterans
CCK Law: Our Vital Role in Veterans Law
The VA disability claim process can be overwhelming for many veterans, leading them to make common mistakes that lead to VA rejecting their claim. In fact, the most 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. These are sobering numbers, given the sacrifices made.
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 win 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
TIP 1: Know What Forms to Use When Filing a Claim
One of the first steps to win 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, should you disagree with it.
Some of these forms, and their functions, include:
- Form 21-526EZ: A form used to file your initial disability claim.
- Form 21-8940: A form 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.”
TIP 2: Are You Sure You Have Established Service Connection?
After you have gathered the necessary forms, another important way to win your VA claim is 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:
- An in-service injury, illness, or other incident (sometimes called a “service event injury”)
- A diagnosis of a current disability
- 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 backpay.
TIP 3: Submit the Right Evidence to Win Your VA Claim
To prove service connection and gain the VA disability benefits you deserve, 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.
TIP 4: Prepare for Your Compensation & Pension Exam
Compensation & Pension (C&P) Exams are another key piece of evidence VA may request 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 are impacting your life.
A C&P exam usually lasts 15 to 20 minutes. During the exam, you should anticipate the following:
- Your VA examiner is asking questions about your disability
- For physical disorders, you might undergo tests to determine your range of motion or loss of function
- Your examiner is taking notes or filling out a “Disability Benefits Questionnaire” to determine the extent of your symptoms
TIP 5: File Claims on Secondary Conditions
Secondary service-connected conditions are conditions 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 side effects of their primary service-connected condition (i.e., the back pain).
Secondary conditions are an important part of calculating the compensation you deserve, especially for primary conditions that may typically receive lower ratings by themselves. If you are seeking to receive all VA compensation to which you are entitled, you should consider filing a claim for any secondary disorders you believe you have.
TIP 6: Stay Updated on Your VA Disability Claim
Throughout the claims process, it is crucial 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)
- Keeping 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
People Also Ask
What Are the Most Common VA Disabilities?
Some of the most common VA disability claims include:
- Tinnitus
- Hearing loss
- Limitation of flexion of the knee
- Post-traumatic stress disorder (PTSD)
- Lumbosacral and cervical strain
- And more
For a full list of the most common disability claims, check out this article: Top 20 VA Disability Claims and Their Ratings
How Long Does the Disability Claims Process Take?
The claims 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 disability claim is submitted, VA will confirm the submission in either a few hours (if claim is submitted online) or possibly 2-3 weeks (if claim is submitted through mail).
- Initial Review – it usually takes VA 7-21 days to perform their initial review of a claim.
- Evidence Gathering, Review, and Decision Phase – the longest step in the process, VA can take 3-6 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 7 to 10 business days to arrive. After this, the claim is complete, unless the veteran wishes to file an appeal.
For a more detailed timeline of the VA claims process, check out this article: VA Disability Claims and Appeals Process Timeline
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 their decision changed or overturned.
Under the Appeals Modernization Act, veterans have three options for appealing VA decisions:
- Higher-Level Review Lane
- Supplemental Claim Lane
- 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 Winning Your VA Claim and Identifying All the Benefits You Are Entitled To? 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. Our VA-accredited attorneys have secured favorable outcomes for 99 percent of our past clients, and have helped recover over $1 billion in compensation wrongfully denied by VA.
Call CCK Law today at (800) 544-9144 or contact us online for a free case evaluation.
