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Accessing the benefits you rightfully earned through military service can be unexpectedly difficult. While the Department of Veterans Affairs (VA) exists to support former service members, the process of applying for and securing VA benefits is anything but straightforward.
Complex rules, extensive paperwork, and long wait times leave many veterans frustrated and discouraged. Predicting potential rough spots is the first step to overcoming or avoiding these issues altogether. Here are eight major hurdles that veterans commonly face, plus tips for simplifying the process.
1. Clarifying VA Benefits Eligibility
With layers of instructions, forms, and legal jargon, it can be hard to know if you even qualify for benefits in the first place. Several factors determine eligibility, like length and type of service, discharge status, and the presence of a service-connected disability. The criteria are not always clear, and each case is uniquely interpreted.
For example, veterans must be able to link their condition to military service, either directly or through aggravation of a pre-existing condition. Veterans with presumptive conditions are automatically eligible, but getting benefits for non-presumptive conditions can require extensive evidence to prove a medical nexus. Veterans with less-than-honorable discharges also face complications, even if they served in combat or suffered injuries.
Take the time to review the VA’s official eligibility guidelines. If you still have questions, set up a meeting with a qualified professional like a VA disability attorney who can help evaluate your unique service history and clarify any gray areas.
For more help with your claim, read our free eBook: VA Disability Claims: An Essential Guide for U.S. Veterans.
2. Keeping Up with Changing Regulations
Regulations and policies governing VA benefits are frequently updated. New presumptive conditions may be added for specific military exposures, deadlines for filing under certain provisions may shift, and forms or procedures may be revised. Veterans who are not actively following these changes may miss critical opportunities or submit outdated information.
For instance, recent changes related to burn pit exposure and updated Agent Orange presumptive conditions have opened the door for many previously denied claims to be reconsidered. If a veteran is unaware of these developments, they may never reapply or appeal.
Stay informed by subscribing to get VA updates, following reputable veteran advocate blogs, and regularly checking resources like the VA’s Federal Register publications. Working with an accredited claims agent or VA disability attorney also ensures that new laws and opportunities are not overlooked.
3. Navigating the VA’s Organizational Structure
Multiple departments handle different stages of the process, from initial intake to medical evaluations to decision-making and appeals. Veterans may be required to get Compensation and Pension (C&P) exams, submit follow-up information, or respond to notices within strict deadlines. Communications can come from various VA offices. It can be difficult to know who to contact for updates or clarification, and missing or misinterpreting communications can jeopardize a claim.
You may receive mail from one office that requires your response to go to another office. Search for and highlight the contact information for any required response. Keep detailed records of all correspondence, claim numbers, and deadlines.
If in doubt, work with a legal advocate specializing in VA claims. These experts provide a reliable point of contact who can explain the process or even follow up with the appropriate VA office on your behalf.
4. Preparing Required VA Paperwork
The VA claims process paperwork is intense and can deter or delay applicants. Veterans must submit a variety of forms depending on the type of benefit sought, like VA Form 21-526EZ (Application for Disability Compensation and Related Compensation Benefits), medical records, buddy statements, service records, medical nexus letters, and supporting documentation.
Each form must be filled out completely and accurately. Any errors or omissions can cause rejection or delays. If supporting documents are missing or incomplete, the VA may issue requests for more information, prolonging the decision-making process.
Organize all of your evidence and documentation before starting the application, ensuring you have all necessary materials. If you’re having trouble getting records or nexus letters, seek assistance from a legal professional familiar with VA forms. Digital tools like the VAs eBenefits or VA.gov portal can also streamline the submission process.
5. Obtaining Medical Evidence
The VA places heavy emphasis on clinical documentation that connects a current condition to military service. Without comprehensive medical records or an explicit opinion from a healthcare provider, it becomes difficult to establish service connection.
Many veterans either do not have access to all of their medical records or are unaware of the crucial documents. In some cases, service treatment records are incomplete or absent. Private physicians may be unwilling or unsure how to write the type of detailed medical opinion the VA requires. The result is a weaker claim that may be denied or delayed.
Be sure to request copies of your full medical and service treatment records early in the process. If you need a nexus letter, find a private physician familiar with VA standards to write it. An experienced VA disability attorney can help direct you to a physician qualified to write your nexus letter.
6. Experiencing Application Delays
Even when eligibility is clear and you submit the proper paperwork, veterans often find themselves stuck in long processing queues. Delays can range from a few months to over a year, depending on the complexity of the case, the backlog at the VA regional office, and whether additional evidence is required.
Delays can be financially and emotionally draining, particularly for veterans who are unable to work due to a disability. While sufficient documentation and thorough initial submissions can move applications forward quickly, many veterans are unaware of how to strengthen their case up front.
The most effective way to reduce delays is to submit a fully developed claim, including all necessary evidence up front. Also, be sure to check your claim status regularly through VA.gov and promptly respond to any requests for information.
7. Appealing Denied Claims
A large number of veterans receive denial letters after submitting their initial applications, often due to insufficient evidence, missed deadlines, or a perceived lack of service connection.
The emotional impact of an initial denial often leads to confusion or complete withdrawal from the process. But remember, a large portion of first-time applicants are denied, making the appeals process a requirement for many veterans. Don’t give up.
Denials of VA benefits can be successfully appealed with stronger evidence, legal representation, or simply a better understanding of the VA’s requirements. After a denial, veterans should closely review the VA’s reasoning and file an appeal within the appropriate time frame. Consulting an experienced VA disability attorney can significantly increase the chance of a successful appeal by identifying errors in the decision and developing stronger evidence for reconsideration.
8. Lack of Access to Expert Help
One of the most significant barriers to securing VA disability benefits is simply the lack of professional support. While free help is available from Veterans Service Organizations (VSOs), they are often understaffed and overwhelmed. As a result, claims may be filed with minimal development or advocacy, reducing the likelihood of success.
Additionally, many veterans are unaware that accredited VA attorneys and claims agents exist who can assist with appeals and complex claims. These professionals understand how to build strong cases, navigate the VA system, and advocate on a veteran’s behalf.
Be sure to explore all available options for representation, including private attorneys who specialize in VA disability law and only charge fees if a claim is successful. Many offer free consultations and can bring invaluable expertise to even the most complex cases.
Asking for help can make months of difference when it comes to receiving your VA benefits check. Our VA claims lawyers have prepared some valuable free resources and guides to help you with your VA disability claim.
If you need further assistance, the VA disability attorneys at Gang & Associates help veterans apply for VA benefits and appeal denied claims. Contact us today for a consultation. Call 888.878.9350 or Connect Online.