Veterans Guardian Talks Top 7 Mistakes Veterans Make in Their Disability Claims and How to Avoid Them

Applying for a VA disability rating can be a difficult, confusing, and arduous process that can feel overwhelming even for the most prepared veterans. The maze of forms, deadlines, and medical requirements creates countless opportunities for even the slightest application errors to result in a debilitating denial. Understanding the requirements and process while gathering the proper evidence is important for increasing your chances of a positive outcome.

How Often Does the VA Deny Disability Claims?

The statistics paint a sobering picture: nearly 36% of VA disability claims were denied in 2024, leaving hundreds of thousands of veterans without the benefits they applied for. While the VA processed more than 2.5 million disability compensation and pension claims in 2024 (an all-time record), the approval rate tells a more troubling story, with only 64.2% of claims being approved:

• The percentage can be so high because the VA has strict requirements for establishing service connection, and many veterans struggle to provide the comprehensive evidence needed to meet these requirements.
• Complex medical conditions, incomplete service records, and the intricate nature of proving a connection between military service and current disabilities all contribute to the high denial rate.

Most denials stem from common mistakes that are entirely preventable with proper preparation and understanding of the VA's requirements.

Why Are Most VA Claims Denied?

Before diving into the specific mistakes, it's important to understand that most VA claim denials fall into predictable categories. Veterans can significantly improve their chances of approval by addressing the following common pitfalls.

1. Lack of Evidence

Evidence in the context of VA disability claims means any documentation that supports your claim for service connection. This includes medical records, service treatment records, lay statements, and expert medical opinions that demonstrate your current disability is connected to your military service.

The VA requires comprehensive documentation to establish three key elements: a current diagnosed disability, an in-service event or injury, and a medical nexus linking the two.

Evidence needed for your disability claim includes:

1. Required evidence:
   • DD-214 or other separation documents
   • Service treatment records
   • VA medical records (if applicable)
   • Private medical records related to your condition
   • Medical evidence showing the current diagnosis and severity
2. Helpful supporting evidence:
   • Buddy statements (VA Form 21-10210)
   • Lay evidence from family members or witnesses
   • Employment records showing impact on work
   • Personal statements describing symptoms and limitations
   • Photographs or documentation of injuries or conditions

Pro Tips

• Start gathering evidence as soon as you decide to file a claim
• Request your complete service medical records early in the process
• Keep detailed records of all medical treatments related to your condition
• Obtain copies of all private medical records before filing
• Document how your condition affects your daily life and work capacity
• Ask fellow service members to provide buddy statements if they witnessed your injury or symptoms
• Take photographs of visible conditions or injuries for documentation

2. No Clear Service Connection

Service connection, also known as "nexus," is the critical link between your current diagnosed disability and an event, injury, or illness that occurred during your military service. The VA requires clear medical evidence that links your current condition to your time in service.

Without establishing this connection, even if you have a current diagnosis and evidence of an in-service event, your claim will be denied. The nexus is often the most challenging element to prove, particularly for conditions that developed gradually or appeared years after service.

A nexus opinion should state that your condition is at least as likely as not (50% or greater probability) related to your military service. This meets the VA's standard for proving service connection under the reasonable doubt rule.

Pro Tips

• Obtain a nexus letter from a qualified medical professional
• Ensure the doctor writing your nexus letter reviews your complete VA claims file
• Provide your doctor with all relevant service treatment records and medical evidence
• Look for medical literature that supports the connection between your condition and military service
• Consider getting multiple medical opinions if your case is complex
• Document any progression of symptoms from service to the present day

3. Condition is Pre-Existing

A pre-existing condition is any injury, illness, or medical condition you had before entering military service, whether formally diagnosed or not. However, pre-existing conditions can still qualify for VA benefits if military service aggravated the condition beyond its natural progression.

The key distinction is between a condition that would have worsened naturally over time versus one that was specifically aggravated by military service activities. To establish service connection for a pre-existing condition, you must prove that military service caused an increase in disability beyond what would have occurred naturally.

If your condition wasn't noted during your entrance medical examination, you benefit from something called the "presumption of soundness." This means that the VA must assume you entered service healthy unless it can prove otherwise with clear and unmistakable evidence.

Pro Tips

• Gather all pre-service medical records to establish the baseline severity of your condition
• Obtain medical evidence showing how military service activities specifically worsened your condition
• Document the difference between your condition's severity before and after service
• Research whether your condition typically progresses naturally to determine if service caused additional aggravation
• Get a medical nexus opinion specifically addressing aggravation beyond natural progression
• Keep records of any medical waivers you received to enter service despite your condition

4. No Formal Medical Diagnosis

A formal medical diagnosis from a qualified healthcare provider is essential for establishing a current disability. The VA needs clear medical evidence that you have a diagnosable condition, not just symptoms or complaints. Medical records must show the diagnosis and severity of your claimed condition.

Without a formal diagnosis in your medical records, the VA cannot establish that you have a current disability, which is one of the three required elements for service connection.

Self-reported symptoms or informal medical opinions are insufficient to meet this requirement.

The diagnosis must be made by a healthcare provider qualified to diagnose your specific condition and should be documented in official medical records.

Pro Tips

• Seek evaluation from appropriate medical specialists for your condition
• Ensure your diagnosis is clearly documented in medical records
• Get comprehensive medical examinations that detail the extent and severity of your condition
• Obtain updated medical evaluations if your condition has worsened since your initial diagnosis
• Consider getting a second medical opinion if your diagnosis is unclear or disputed
• Keep copies of all diagnostic test results, imaging studies and lab work
• Make sure your medical provider understands you need formal documentation for VA purposes

5. No Compensation and Pension (C&P) Exam

A Compensation and Pension (C&P) exam is a medical evaluation that the VA may request to help determine if you have a service-connected disability and assess its severity.

Not every claim requires a C&P exam, but when the VA schedules one, attending is crucial for your claim's success.

• The C&P exam helps the VA rate your disability based on how severe your condition is, which directly affects your monthly compensation amount.
• The examiner will conduct a physical examination, ask questions about your symptoms, and may perform medical tests.

Pro Tips

• Always attend your scheduled C&P exam, as failure to appear can result in claim denial
• Bring a list of all your symptoms and how they affect your daily activities
• Be honest and detailed about your limitations and pain levels
• Describe your worst days, not just how you feel during good periods
• Bring a representative or family member if allowed and helpful
• Review your condition's rating criteria beforehand to ensure important symptoms are addressed
• Report any poor examiner conduct immediately to protect your claim
• Request rescheduling only for legitimate emergencies and follow proper procedures

6. Application Errors

Common application errors can significantly delay or derail your disability claim. These mistakes often occur because veterans are unfamiliar with VA forms and procedures or rush through the application process without careful review.

Common application errors:

• Incomplete or missing forms
• Incorrect personal information or Social Security numbers
• Failure to list all claimed conditions
• Missing signatures or dates
• Submitting outdated forms
• Inadequate description of conditions and symptoms
• Failure to authorize the release of medical records
• Missing required supporting documentation

The VA provides current forms and filing instructions that should be carefully reviewed before submission.

Pro Tips

• Double-check all forms for completeness and accuracy before submitting
• Use the most current versions of all VA forms
• Clearly describe each condition and how it affects your daily life
• List all conditions you believe are service-connected, even if minor
• Keep copies of everything you submit to the VA
• Consider working with a Veterans Service Officer (VSO) to review your application
• Submit additional evidence promptly if requested by the VA
• Follow up to ensure the VA received all your documentation

7. Missed Deadlines

The VA disability claims process involves several important deadlines that can affect your eligibility for benefits and compensation. Missing these deadlines can result in delayed payments, loss of benefits or claim denial.

Critical deadlines:

• One-year deadline to file for increased ratings after certain medical appointments
• Appeal deadlines (typically one year from decision date)
• Response deadlines for VA requests for additional information
• Deadlines for submitting evidence after filing your claim
• Intent to file deadlines (which preserve your effective date)

Understanding and meeting these deadlines is crucial for protecting your rights and maximizing your benefits.

Pro Tips

• File an Intent to File form immediately to preserve your effective date while gathering evidence
• Set calendar reminders for all important deadlines
• Respond promptly to all VA correspondence and requests for information
• Submit evidence as soon as possible rather than waiting until deadlines approach
• Contact the VA immediately if you cannot meet a deadline due to circumstances beyond your control
• Keep documentation of all submission dates and methods
• Consider filing appeals early if you disagree with a decision rather than waiting until the deadline

What to Do if Your Claim Is Denied

Receiving a denial letter can feel devastating, but remember that this process requires the same tenacity and commitment you showed during your military service.

Despite the immense physical and psychological burdens your service may have placed on you, your commitment to the mission and duty helped you persevere through impossible circumstances.

This is no different. It's about getting what you deserve for a life of service to a higher purpose.

A denial is not the end of the road. Veterans who appeal with professional help are nearly twice as likely to be approved compared to those who go it alone. Many denials are overturned on appeal when veterans address the specific reasons for denial and provide additional evidence.

Understand Why Your Claim Was Denied

Carefully review your decision letter and any communication from the VA to understand the specific reasons for denial. The VA must explain why it denied your claim and what evidence it found lacking.

Look for these key details:

• Which element of service connection was not established (current diagnosis, in-service event, or nexus)
• What specific evidence the VA found insufficient
• Whether they questioned the credibility of your evidence
• Any medical opinions that contradicted your claim
• Procedural issues or missed deadlines that affected your claim

Gather All Evidence

Before filing an appeal, review what constitutes evidence and ensure you have comprehensive documentation. If the VA specifically requested certain documentation or evidence in their denial, prioritize obtaining those materials.

Focus on addressing the exact reasons for denial rather than simply resubmitting the same evidence. If the denial was based on a lack of nexus, obtain a medical nexus letter. If they questioned your diagnosis, get updated medical evaluations.

Consider a Higher Level Review

A Higher Level Review is often the first step before making a formal appeal to the Board of Veterans' Appeals. This process allows a senior VA claims reviewer to re-examine your case with fresh eyes, potentially identifying errors in the original decision.

The Higher Level Review is your second chance to get it right without having to go through the longer appeals process. Many claims are approved at this level when the senior reviewer identifies mistakes or oversights in the original decision.

Get Help from a Trusted Professional

Different types of professional help are available to assist with your claim or appeal. Understanding your options can help you choose the right support for your situation:

• Attorneys specialize in complex cases and can represent you in legal proceedings if your case reaches the Board of Veterans' Appeals or higher courts.
• Advocates are accredited representatives who can help with claims and appeals but may not have legal training.
• NGOs and Veterans Service Organizations provide free assistance with claims and appeals through trained service officers.
• Expert consultants offer specialized knowledge of the VA claims process and can help you develop winning strategies for your specific situation.

The key is finding professionals who understand the VA system and have a track record of helping veterans successfully obtain the benefits they've earned. Don't let a denial discourage you from pursuing the compensation you deserve for your service-connected disabilities.