Do you know how to win VA disability claim? There are plenty of areas you will need to pay attention to, and the following information does not guarantee a VA decision in your favor, but following these steps can bring any claimant closer to a VA decision to award compensation for service-connected medical conditions.
A successful claim means monthly, tax-free compensation paid on a set schedule. Check VA disability pay dates to see when payments are issued.
It’s not just a matter of being prepared, doing your homework, and gathering your supporting evidence. You need to understand what the VA is looking for in a claim and why they approve or deny those claims.
What The VA Looks For in a Claim
The VA disability claim process is complex, but what the VA is looking for is fairly straightforward — it wants to know that your medical issue has a genuine link to military service:
- Your condition must be diagnosed and documented.
- The condition must have occurred during or been aggravated by military service.
- There must be a clear medical connection between your condition and your service.
- The condition doesn’t have to be combat-related, off-duty incidents can still qualify. What happened matters more than when or where.
Meeting these criteria can result in a monthly, tax-free payment based on your disability rating. See current VA disability rates to understand what compensation may look like for you.
Does The VA Have A Responsibility To Help The Veteran Filing A VA Claim?
The VA has traditionally had a responsibility to help Veterans make claims but the Appeals Modernization Act instituted some changes in how that happens. The Appeals Modernization Act requires the VA to make “reasonable” attempts to help the Veteran get medical records and other documentation.
But the VA obligation to help may be limited. According to some reports, assistance from the VA is only required when the Veteran makes an initial claim for benefits, or in cases where a supplemental claim is needed and there is new evidence for the VA to consider.
How To Win Your VA Disability Claim
What follows is advice on how to present the strongest possible VA claim to the government for review. It is not a guarantee that you will win; only the VA can make that determination.
But by taking the steps described below, you will find yourself much closer to an award in your favor. Remember that current legislation, military regulations, and VA programs are all subject to change at any time for any number of reasons, and you will need to make sure you understand the nature of the claims process and how the most current guidelines apply to you.
Document Any Medical Problem You Have Had
When it comes to VA claims, document early and document everything. The burden of proof is on you, so the more proactive you are from the start, including while serving, the stronger your claim will be.
If you’re already retired or separated without thorough documentation, don’t give up. Your military and civilian medical records can still support your claim, though it may take more effort to pull everything together.
File as early as you can, but don’t rush if you feel your evidence isn’t strong enough yet. You can initiate a claim and submit additional evidence later, just make sure you understand the current deadlines and procedures for doing so before you start.
Not sure what your rating could mean financially? Use our VA disability calculator to estimate your compensation before you file.
Keep Personal Copies Of Your Medical Records
Ask your primary care provider to furnish copies of your medical records, make copies if you are given your medical records to hand carry to a new military assignment, or make copies of the records when you get them at discharge time.
You never want to be without the means to supply copies of your medical records to a lawyer, Veteran Service Organization helping you with a claim, or even in case there is some kind of issue with your records at the organizational level at the VA.
Get Statements From Family, Friends and Co-workers
Get written statements from anyone who can attest to how your medical issues have affected your ability to live and work. Statements from nonmedical sources should concentrate on personal observations of the symptoms rather than attempts to lay-diagnose a condition. Have your friends, family and co-workers concentrate on what they personally observe.
Do Not Limit Your VA Claim
Naming a single diagnosis in your VA medical claim isn’t just restrictive on you in terms of what you may be awarded; it’s also bad science. There may be many causes for physical, emotional, or mental symptoms, and some may be common across various medical problems.
Your lower back pain could be the result of a back injury, but may also be a physical symptom of high anxiety, stress, or other issues. Let the doctors decide whether or not your symptoms are due to a single cause.
Get Your Own Medical Information
If you are making a claim and are required to provide supporting evidence, having your own civilian medical expert weigh in on your condition in writing can give your VA claim evaluators something to think more about before arbitrarily deciding to deny a claim.
When you do this, remember that the most effective thing your non-VA medical expert can do is to directly link your medical issues with military service in the most direct manner possible. It won’t be as effective if your medical provider merely infers a connection. Ask the doctor to clearly identify anything that could be construed as service connected and why.
Do Not Give Up If The VA Initially Denies Your Claim
It is said that a large number of first-time claims are rejected by the VA. Do not be discouraged by this. Instead, re-submit your claim and remember that some vets go as far as hiring a disability lawyer with experience working with vets and the VA to get claims approved.
Don’t consider hiring legal help an option if you need to. Remember that you have the right to appeal the VA decision.
How To File A Claim For VA Compensation
VA disability claims are filed using VA Form 21-526EZ, which is treated as a fully developed claim and the VA will not require additional evidence upon submission.
Depending on your situation, you may also need VA Form 20-0995 for supplemental claims, VA Form 20-0996 to request a higher-level review, or VA Form 10182 to file a Notice of Disagreement.
Submit all supporting evidence with your initial claim whenever possible, late documentation will slow down the decision-making process. Your supporting medical opinion should state that your condition is “at least as likely as not” linked to military service. If filing based on individual unemployability, your medical documentation must explicitly state that your condition leaves you unable to maintain or secure gainful employment.
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Jon Rehagan is a 2-time Emmy Award-winning journalist who covers financial topics and military news for the veteran community. With 16 years in broadcast media (including roles in radio and television) Jon has spent his career writing, shooting, editing, and producing everything from long-form investigative specials to daily news broadcasts and digital content. His work has been recognized by the Kansas Association of Broadcasters, and he brings that same commitment to accurate, accessible reporting to helping service members, veterans, and military families navigate complex benefits and financial decisions.