SKIP TO
CONTENT
There are a lot of factors that will determine whether or not your VA disability claim is successful. Securing benefits for some conditions can be more difficult compared to others, and the steps you take prior to filing your claim can impact your chances of success.
The good news is that countless veterans get the benefits they deserve each year, especially when they rely on the support of a VA disability lawyer. Here are our five top tips for filing a successful VA disability claim.
Do Not Delay in Filing Your Claim
While there is no time limit that applies to VA disability benefits, pursuing your claim sooner rather than later is in your best interest. You can get backdated benefits starting from the day you file your claim, so waiting will only cost you compensation. The earlier you file your claim, the more likely you are to maximize your backpay.
You do not have to choose between filing a claim before you are ready and giving up on past benefits. If you intend to file a disability claim but are still putting together your application, you have the opportunity to take advantage of something known as Intent to File.
The Intent to File form notifies the VA that you plan on pursuing a disability claim within the next year. If you complete this process and file your claim within the following twelve months, your starting date for benefits will be the day you submitted your intent to file, not when you actually filed your claim.
Continue to Treat Your Disability
You need as much documentation of your condition as you can get, especially if you have ongoing medical needs due to your condition. The more treatment you receive, the more evidence the VA has to consider. This is especially important when the VA accepts your disability is linked to your service.
Remember, the VA also has to rate your condition on a scale between zero and 100. Even if you can show you are living with an injury or illness due to your time in the military, the amount of benefits you receive will depend on how serious your condition is. Extensive medical records that outline your ongoing treatment efforts could help increase your rating. A VA disability attorney could answer your questions about potential secondary conditions.
Our VA Disability Lawyers Explain Why You Should Get a Nexus Letter From a Medical Expert
One of the most challenging aspects of a VA disability claim is proving your condition is connected to your military service. Some cases are more difficult than others. For example, losing a limb during a training exercise is clearly related to your service. Other conditions—like PTSD that you developed years after your discharge—are not so clear.
Thankfully, you can rely on the opinion of medical experts to make the connection between your disability and your service. This is possible through something known as a nexus letter. These lengthy documents are authored by medical experts who review your records and cite research that supports your claim of a service connection. The author will also give their opinion on whether it is more likely than not that your disability is related to your service. Cases can be won or lost on the strength of your nexus letter.
Any doctor licensed in the United States is allowed to write a nexus letter on your behalf. In fact, other medical professionals can also perform this service, including nurse practitioners, physician assistants, and chiropractors. The most important factor is whether or not the author regularly treats your disability. The VA gives more weight to letters authored by experts in the field.
Don’t Forget About Secondary Conditions
It is not uncommon for veterans living with a disability to have secondary conditions that result from their original illness or injury. Chronic pain can lead to sleep disruptions, knee injuries can result in back pain, and sleep apnea can be secondary to rhinitis. In fact, many medical conditions can develop from one service connected disability, such as diabetes.
You might be entitled to a higher rating if you are living with two or more conditions that can be traced back to your service. With a secondary condition, you do not have to prove that it was directly caused by your time in the military. Instead, you only need to show it occurred as the result of having some other service-connected disability.
Don’t Give Up After a Denial
The unfortunate reality about the VA claims process is that many veterans receive denial letters. This can be disheartening, but it does not mean your chances of recovering benefits are lost forever. There is an appeals process in place designed to give you a second chance at providing any information that might have been left out initially.
Denials happen for a wide variety of reasons. Often, they are due to deficiencies in the original application or the failure to prove your condition is linked to your service. Thankfully, you have the opportunity to hire a VA disability lawyer to help you with your appeal.
You can provide additional information to strengthen your claim at the appellate level. This includes submitting nexus letters or buddy letters and addressing anything that was missing from your original application. With the right support, you could still get the benefits you deserve.
Hire a VA Disability Lawyer to Help With Your VA Disability Case
These are only five of the most important tips for successfully filing a VA disability claim. This process can be complex, and success is never guaranteed. You have the opportunity to not only get the benefits you deserve, but also to appeal a denied claim along the way.
At Gang & Associates, our attorneys are prepared to serve as your advocates during the appellate process. We can assist you with anything from sourcing nexus letters to identifying the reason your claim was initially denied. Contact us right away to schedule your private consultation with a VA disability lawyer at our firm.