According to VA statistics, 60 to 70 percent of initial disability claims are denied. However, the success rate can vary widely. To give yourself the very best opportunity to be awarded the benefits you have rightfully earned, follow these tips to supercharge your VA case.
Collect all appropriate records
At a bare minimum, the documents you should have ready include your military service records, any VA medical records, and all your private medical test results, records, and reports. These documents will be the foundation of your claim, so requesting and organizing them is crucially important.
Another essential document is the “nexus letter”. Nexus is defined as a link or connection between two things. To be awarded VA disability benefits you must establish a service connection, that is you must provide evidence that your impairment was caused or made worse by your military service. The nexus letter, written by your doctor, will help establish a service connection. Your doctor can submit this letter with your initial application, during the claims process, or later. But it’s a good idea to submit the letter as early as possible.
Other key documents which may boost your claim:
- A buddy statement (also known by the VA as a “Statement in Support of a Claim”). A buddy statement is a written eyewitness report that substantiates your disability and when it happened. It is testimony that says you witnessed a certain incident, experienced an event, or were at a certain location. A buddy statement will add credibility to your claim and may be essential if there is a lack of other evidence in your military record.
- A disability journal. Keep a written record of your symptoms, and use personal evidence like photos, emails, or letters from family to demonstrate how your condition affects your everyday life. Document everything.
- A fresh medical opinion from a different healthcare provider can sometimes give your claim the boost it needs.
Write a powerful personal statement
A VA disability personal statement is a narrative you write to provide details about your condition that may not be in your service records. You should explain how your impairment impacts your ability to get around, to hold a job, and get through daily life. Describe the symptoms of your worst days and how frequently they occur.
Don’t exaggerate your condition, but don’t minimize your symptoms either. Honesty is the best policy when filing for VA disability benefits. If you are coping with multiple conditions, write a separate clear and focused statement for each.
File on time and show up
Because missing or incomplete information is often a reason that the VA will deny a claim, complete all VA forms accurately and completely. Be sure you comply with all deadlines. Failing to do so is another common reason that claims are denied.
Most probably you will be scheduled for a Compensation and Pension (C&P) exam. A C&P exam is a medical appointment that allows the VA doctor to evaluate your physical or psychological condition and determine your level of impairment caused by your disability. Show up for your exam. If you don’t, your claim will most likely be rejected. At the exam you probably won’t have a great deal of time to explain your case, so it’s critical that you come prepared for this appointment. It’s your opportunity to present your situation in detail, and all that you’ve been experiencing.
Don’t overlook additional options
Secondary Conditions: If you suffer from additional medical issues resulting from your service connected injury or illness, you may qualify for additional compensation. These are known as secondary conditions, and you should file for them as well.
Appeal incorrect ratings: If your claim is approved but you believe your rating is too low, file an appeal or a supplemental claim. You can also seek an increase if your condition worsens.
Request a C&P exam: If the VA believes your claim already contains all the necessary medical evidence, the VA may not schedule you for a C&P exam. If you believe that the exam would provide more evidence and help you make your case, then you or your attorney should request the exam. The VA is legally obligated to provide one in these cases. However, before making an exam request, you should discuss this with your attorney.
Get a Professional Advocate in Your Corner
As we all know, the VA is large bureaucracy that can seem remote and uncaring, especially when you are faced with the difficulties of proving your case. But you don’t have to take on the VA alone. Consult with a VA-accredited attorney to talk about your options and get guidance in deciding what makes the most sense for your individual case. Contact us at Cuddigan Law for a free evaluation of your situation. And if you hire us, we only get paid when you win your case.
When you hire an experienced VA disability attorney you have a much greater chance of winning your claim than if you have no representation. The VA’s own statistics from the Board of VA Appeals show that in fiscal 2024 nearly 43% of appeals were approved with attorney representation, compared to less than 30% without representation.
Veterans represented by attorneys also experience a lower denial rate for their claims. The denial rate for Veterans with attorney representation before the BVA was less than 15% compared to more than 21% of claims were denied among those Veterans with no representative to fight for their rights. VA disability attorneys also had a higher success rate than any of the Veteran Service Organizations.
