According to the VA, 60 to 70 percent of initial disability claims are denied. However, the success rate can vary widely. Approval and denial rates are affected by:
- Type of claim. Initial claims are more likely to be denied than appeals.
- Evidence: Strong medical evidence and witness statements can increase your chance of approval.
- Representation: Veterans who have legal representation have higher success rates.
To strengthen your VA disability claim, you need to focus on providing comprehensive medical evidence. You should collect statements on how your disability affects your daily life. Filing early and meeting all deadlines is crucially important. And you should consider hiring an accredited VA disability attorney.
Let’s examine each of these areas in greater detail.
Complete and current medical records are vital in determining your eligibility for VA disability benefits. They provide documentation of the severity of your health conditions and demonstrate how your disability impacts your daily life. Be sure that your doctors know you are applying for VA disability benefits and enlist their help in collecting your medical evidence.
To be eligible for veteran disability benefits you need to show that your disabling condition is connected to your military service. This is called “direct service connection.” You have this connection if an event that took place during your service caused or aggravated the injury or illness you suffer from now. This link between your impairment and your military service is known as nexus. Get a nexus letter from your treating physicians.
You will also need your medical records from your time in service. The VA has a duty to locate those records. To help the VA in its search, provide as many details as possible. Dates, locations, the name of your commanding officer, which unit you served in, as well as the names of people you served with can all be invaluable when tracking down your records.
Statements about your condition from Veterans who served with you can add credibility to your claim, A “Statements in Support of Claim” or more as it is more commonly known, “buddy statements” provide important evidence that substantiates the location of the event that caused your disability, when the event occurred, and details about the incident.
Include statements from family and friends. Their observations can offer valuable insight into how your impairments impact your daily life.
Provide a detailed personal statement with concrete details describing how your condition affects your ability to work, how it interferes with your mobility, and makes it more difficult to care for yourself. Personal evidence, such as a journal, photos, e-mails, or letters to your family can be used as proof, as well
File your claim in a timely manner. The sooner you file, the sooner you can get the benefits and back pay you have rightfully earned. Complete all forms accurately. Many claims are denied just because information was missing.
Consider hiring an accredited VA disability attorney. At Cuddigan Law we can help you navigate the complex and often confusing VA disability process. We can work with you to gather evidence to build a strong case. And we can advocate and fight for your rights. Contact us for a free evaluation of your claim. We only get paid when you win your case.
