We Have Expert Answers
Answers to questions about the VA aren’t always easy to find. The answers below come from team members with direct experience of VA rating work, to help you in the pursuit of your VA benefits.
Table of Contents
Understanding the VA Disability Rating System
Q. What are some common misconceptions veterans have about the VA rating system?
A: Many veterans think the VA rating system is simple, but it’s not. Some believe just having a diagnosis will get them a high rating. However, the VA looks at how serious the condition is and how it affects daily life and work. Also, not all medical evidence is treated the same; the VA pays a lot of attention to the connection between their service and the condition.
Q. What are the VA’s criteria for determining the permanence of a disability rating?
A: The VA considers a disability to be permanent when it’s unlikely to improve over time. They look at medical evidence and opinions from doctors to see if the condition has stabilized or is expected to stay the same. If the VA determines that the condition won’t get better, they might grant a permanent disability rating, which can offer certain long-term benefits.
Q. What are the key factors that can lead to a successful increase in a disability rating?
A: To successfully increase a disability rating, veterans need to provide new or updated medical evidence showing that their condition has worsened. This can include more severe symptoms, increased impact on daily activities, or additional diagnoses related to the original condition. Consistent medical treatment and documentation are crucial. Having a strong support of increase letter explaining the worsening condition can also help.
Q. What role does the severity of symptoms play in the VA’s disability rating system?
A: The severity of symptoms is a major factor in determining the VA’s disability ratings. The VA looks at how often the symptoms occur, how intense they are, and how much they interfere with daily life and work. More severe symptoms usually lead to higher disability ratings. Medical examinations and reports help the VA assess the severity accurately, so it’s important for veterans to provide detailed and thorough medical evidence.
Q. How do VA raters approach claims from veterans who served in combat versus those who did not?
A: VA raters understand that combat veterans might have different experiences and exposures compared to non-combat veterans. For combat veterans, the VA often gives more weight to their statements about what happened during service, especially if there’s evidence of combat-related stressors or injuries. The VA might also consider special rules that make it easier to prove service connection for certain conditions common among combat veterans.
Q. How do VA raters assess claims for conditions aggravated by military service, but not caused by it?
A: When assessing claims for conditions aggravated by military service, VA raters look for clear medical evidence showing that the condition worsened due to service. This means comparing medical records from before, during, and after service. The key is to show that the condition was made worse by something that happened during military service, rather than just progressing naturally. A detailed nexus letter from a qualified doctor explaining how the service aggravated the condition can be very helpful in these cases.
Q. How do VA raters deal with claims involving injuries or conditions that occurred during training exercises?
A: VA raters treat injuries or conditions from training exercises just like those from active duty. You’ll need to provide evidence showing that the injury or condition happened during training and how it affects you now. Training records, witness statements, and medical records from the time of the injury can help support your claim. If you are a National Guard or Reservist the VA may ask you for a line of duty report if you have no documentation in your medical records.
Q. What impact does a veteran's military occupational specialty (MOS) have on their disability claim?
A: Your MOS can have a significant impact on your claim, especially if it’s related to your condition. For example, if your MOS involved heavy lifting and you now have back problems, this connection can support your claim. Providing evidence that shows how your duties contributed to your condition is important. Certain awards can also be used to help service connect disabilities (Parachutist Badge for example).
Common Mistakes and How to Avoid Them
Q. What common documentation errors do VA raters encounter that can delay or negatively impact a claim?
A: Common mistakes include missing or incomplete forms, incorrect or outdated medical records, weak nexus letters, and not including all the necessary supporting documents. Veterans often forget to update their addresses, leading to missed communications. Also, submitting irrelevant documents can clutter the file and hide important evidence.
Q. What are the key red flags that might lead a VA rater to deny a claim?
A: Red flags include things like inconsistencies in the veteran’s story, not enough medical evidence, discrepancies between the claimed condition and service records, and weak nexus letters that don’t clearly link the condition to military service. Incomplete applications and missing documents are also big red flags, as are claims that seem exaggerated or lack credible evidence.
Q. What are the most common reasons for discrepancies between initial ratings and ratings after appeal?
A: Discrepancies often occur because of new evidence that wasn’t included in the initial claim. This can include updated medical records, additional nexus letters, or lay statements that provide more context. Sometimes, the initial rating may have been based on incomplete or inaccurate information, and the appeal process corrects these errors. While VA Raters are supposed to be unbiased, these things affect the way they look at Veterans records.
Q. What are the common pitfalls veterans should avoid when submitting additional evidence during an appeal?
A: Veterans should avoid submitting irrelevant or repetitive information. Instead, focus on new, relevant evidence that directly addresses the reasons for the initial denial. Another pitfall is not clearly explaining how the new evidence supports the claim. It’s important to organize documents logically and include a summary or cover letter that highlights key points. Sometimes giving too many records can make it difficult for the VA Rater to find what they need or open up the opportunity for a decrease in your rating. Any claim opens up your entire file for a review.
Q. What are the most common reasons for delays in the VA’s disability claims process?
A: Delays often happen due to missing or incomplete documentation, a high volume of claims, and the need for additional evidence or exams. Errors in the initial application can also cause delays. Ensuring all forms are complete, providing thorough medical evidence, and promptly responding to any VA requests can help speed up the process.
Q. What steps can veterans take if they believe their C&P exam was unfair or inaccurate?
A: If a veteran feels their C&P exam was unfair or inaccurate, they can request a new exam or submit a statement explaining why they believe the exam was flawed. Gathering additional medical evidence and getting a second opinion from a private doctor can also help. It’s important to provide as much detail as possible about the issues with the initial exam.
Q. What are the most common challenges veterans face when trying to prove service connection for their conditions?
A: One of the biggest challenges is providing enough evidence to show a direct link between the condition and military service. This often requires detailed medical records, a strong nexus letter, and sometimes lay statements. Conditions that develop over time or are less understood, like certain mental health issues, can be harder to connect to service.
What are things to not do when sending things to the VA or at an C&P Exam?
A: Being frustrated with the VA or the C&P Examiner is common. Being rude to someone at the VA or to the Examiner can sometimes to persuade them to not help you. Everyone has bias even when they are paid not to. Killing them with kindness goes a lot further.
Preparing and Submitting a Strong VA Disability Claim
Q. What are the best practices for veterans to organize and present their medical evidence effectively?
A: Veterans should make sure their medical records are complete and up-to-date. Organize documents in order by date and clearly label them to help VA raters find key information quickly. Include a strong nexus letter from a qualified doctor that clearly explains the link between the service and the condition. A cover letter summarizing the claim and pointing to key evidence can also be very helpful. Treat the VA like they are a child so that way you give them the tools so you can succeed.
Q. What do VA raters wish veterans knew before submitting their claims to improve the likelihood of a favorable decision?
A: VA raters wish veterans knew the importance of detailed and accurate documentation. Understanding the criteria for their specific condition, providing complete and relevant medical evidence, and having a strong nexus letter can greatly improve the chances of a favorable decision. Getting help from a VSO or knowledgeable representative can also make a big difference.
Q. What specific details in a medical report or nexus letter are most persuasive to VA raters?
A: A nexus letter should come from a qualified doctor who thoroughly explains the connection between your condition and your military service. It should reference relevant medical research, VA guidelines, and laws and be consistent with your service and medical records. Specific details about your symptoms, treatments, and how the condition affects your life are also important.
Q. How can veterans best document the impact of their service-connected condition on their quality of life?
A: Veterans can keep a daily journal detailing how their condition affects their daily activities, work, and social interactions. Be specific about the symptoms, how often they occur, and how severe they are. Getting statements from family, friends, or coworkers who see how your condition impacts you can also be very helpful.
Q. How do VA raters assess claims for conditions that are presumed to be service-connected due to specific exposures or events?
A: For conditions presumed to be service-connected, VA raters look for evidence of the veteran’s exposure or event during service and a diagnosis of the condition. Presumptive conditions have specific criteria set by the VA, so meeting these requirements is key. Detailed medical records and a clear service history are essential.
Q. What are the most effective ways for veterans to advocate for themselves during the appeals process?
A: Be well-prepared by thoroughly understanding your case and all the evidence. Practice presenting your case clearly and confidently. Having an attorney or advocate can be very beneficial. They can help organize your evidence, represent you during hearings, and provide guidance throughout the appeals process.
What is the difference between an initial claim, claim for increase, supplemental claim, higher level review and BVA appeal?
A: The difference between an initial claim, claim for increase, supplemental claim, higher-level review, and BVA appeal lies in their purposes and processes. An initial claim is the first request a veteran files for disability benefits, seeking service connection for a condition. A claim for increase is filed when a veteran believes a service-connected condition has worsened, warranting a higher disability rating. A supplemental claim is submitted with new and relevant evidence to reopen a previously denied claim. A higher-level review involves a more experienced VA rater reviewing a decision without considering new evidence, typically when a veteran believes there was an error in the initial decision. Finally, a BVA appeal is the next step if a veteran disagrees with a decision after exhausting other options, where the Board of Veterans’ Appeals conducts a formal review and may hold a hearing before issuing a decision.
Role and Impact of Evidence in VA Claims
Q. How do VA raters decide the weight given to different pieces of evidence?
A: VA raters consider the credibility, relevance, and consistency of each piece of evidence. Official medical records and opinions from qualified doctors usually carry more weight than personal statements or anecdotal evidence. Consistency with service records and thorough medical examinations also matter a lot.
Q. What are the most impactful types of evidence that veterans often overlook in their submissions?
A: Veterans often overlook getting strong, detailed nexus letters and ensuring their medical records are complete and current. They may also forget to include lay statements that give personal insights into the impact of their condition. Evidence of consistent treatment over time and documentation of how the condition affects daily life and work are also frequently underestimated. Getting documentation from a medical professional with the appropriate credentials. An example would be a mental, PTSD, or anxiety claim written by a chiropractor instead of a psychologist.
Q. What specific criteria do VA raters use to assess the credibility of a nexus letter?
A: The credibility of a nexus letter depends on the qualifications of the doctor who wrote it, how thorough the examination was, and how clearly it explains the link between the condition and military service. The letter should reference relevant medical research and VA rules, and be consistent with the veteran’s service and medical records.
Q. What role do lay statements play in supporting a VA disability claim?
A: Lay statements from the veteran, family members, friends, or coworkers can provide valuable context and support the veteran’s account of their condition and its impact on daily life. These statements are especially useful for conditions that are hard to measure medically, like mental health issues or occasional symptoms.
Q. How do VA raters approach claims with minimal or no documented in-service events or injuries?
A: When there is little or no documentation of in-service events or injuries, VA raters look for other supporting evidence. This might include buddy statements, consistent medical records showing treatment for the condition after service, and strong nexus letters that explain how the condition is linked to service despite the lack of documentation.
Q. How do VA raters handle claims involving multiple diagnoses for the same symptoms?
A: When there are multiple diagnoses for the same symptoms, VA raters look at all the medical evidence to determine which diagnosis is most accurate and relevant to the claim. They may consider opinions from multiple doctors and look at the overall treatment history to understand how each diagnosis relates to the veteran’s condition and service. They may service connect part of the things you are diagnosed with, while others may not be specifically related due to service.
Special Considerations for Specific Conditions
Q. What are the key factors that VA raters consider when evaluating the severity of a disability?
A: VA raters look at how often and how bad the symptoms are, and how the condition affects the veteran’s ability to work and do daily activities. They review medical records, treatment history, and results from VA medical exams. The impact on social and work life is also important.
Q. How do VA raters approach claims involving conditions that are known to fluctuate, like lupus?
A: For conditions like lupus that come and go, VA raters look at the overall impact of the condition over time. They review medical records to see how often flare-ups occur and how severe they are. They also consider how the condition affects your daily life during both flare-ups and remission periods.
Q. What are the surprising factors that can influence a VA rating decision?
A: Factors such as the clarity and thoroughness of the veteran’s personal statement, how quickly the claim is submitted, and the quality of the medical examination can significantly impact the decision. Sometimes, how evidence is organized and presented can also make a surprising difference.
Q. How do VA raters manage and evaluate claims involving long-term, progressive conditions like multiple sclerosis?
A: With long-term, progressive conditions like multiple sclerosis, VA raters focus on how the condition has worsened over time. They look at your medical history, including treatments and how the condition affects your daily activities. They also consider future prognosis and potential for further deterioration.
Q. How do VA raters handle claims involving conditions that are not listed in the VA’s Schedule for Rating Disabilities?
A: If a condition isn’t listed in the VA’s Schedule for Rating Disabilities, VA raters find a similar condition that is listed and use it as a reference. They look for similarities in symptoms and impact on daily life to determine an appropriate rating. An example may be that the Veteran is diagnosed with diarrhea and it would be rated for IBS analogously.
Q. How do VA raters handle claims involving conditions with a delayed onset, like hearing loss, vision problems, PTSD, or certain cancers?
A: For conditions that appear long after service, VA raters look for evidence linking your service to the condition. This includes reviewing medical records, personal statements, and expert opinions. They also consider any research showing a connection between your military service and the delayed condition.
Q. What is the process for updating a disability rating if a condition worsens over time?
A: If your condition worsens, you can file for an increase in your disability rating. You’ll need to provide new medical evidence showing that your condition has become more severe. This could include updated medical records, new doctor’s notes, or recent test results. A strong increase letter explaining the worsening condition is also important.
Q. How do VA raters handle claims involving conditions linked to specific military equipment or vehicles?
A: VA raters examine service records and medical evidence to see if there’s a connection between your condition and the use of specific military equipment or vehicles. Detailed documentation and expert opinions linking the equipment to your condition are important.
Dealing with Denials and the Appeals Process
Q. What advice do VA raters have for veterans who have been denied and are considering a new claim submission?
A: Veterans should carefully read the denial letter to understand why they were denied. They should address these specific issues in their new submission. Gathering more evidence, getting a stronger nexus letter, and fixing any documentation errors can improve the chances of approval. It’s often helpful to get assistance from a Veterans Service Officer (VSO) or an experienced attorney. Always read the favorable findings when it comes to a denial.
Q. What insight can VA raters provide on how the Board of Veterans' Appeals views and overturns their decisions?
A: The Board of Veterans’ Appeals looks closely at the details of your claim and the reasons for denial. They focus on whether there was an error in how your claim was evaluated and if new, relevant evidence has been presented. The Board may overturn a decision if they find that the initial rating was incorrect or if the new evidence significantly changes the understanding of your condition. The BVA has a higher authority than the VA and can service connect things that the VA cannot.
Q. What are the most impactful strategies for veterans to appeal a low disability rating?
A: When appealing a low rating, make sure to provide new and compelling evidence. This could include updated medical records, a more detailed nexus letter, or statements from doctors and witnesses that support your case. Be very clear about how your condition affects your daily life and ability to work. Organizing your evidence in a logical and easy-to-follow way can also make a big difference.
Q. What advice do VA raters have for veterans who have had multiple denials and are feeling discouraged?
A: It’s understandable to feel discouraged, but persistence is key. Carefully review each denial to understand the reasons. With each new submission, address those specific issues. Strengthen your evidence and consider getting a new nexus letter. Don’t hesitate to seek help from a VSO or an attorney who specializes in VA claims. They can provide valuable guidance and support.
Q. Will filing for a new claim open up issues with previous claims?
A: Generally, filing a new claim shouldn’t affect previous claims; however, every claim opens up your file for potential scrutiny. It’s important to clearly separate new claims from existing ones. Make sure you provide clear and distinct evidence for each condition. If your new claim is related to an existing condition, ensure that the connection is well-documented and explained.
Q. What is the process for VA raters to review and amend ratings if new evidence is presented after an initial decision?
A: If new evidence is presented, VA raters will review it carefully to see if it changes the original decision. This process is called a “supplemental claim.” You’ll need to submit the new evidence along with a request for the VA to reconsider their decision. The raters will look at the new information and decide if it warrants a change in your rating. If you have medical records prior to the decision that help support your claim they can be extremely helpful to get increased from an earlier date.
Q. What are the most surprising factors that can positively impact a veteran’s disability rating?
A: Sometimes, small details can make a big difference. Clear and thorough personal statements, timely submissions, and high-quality medical examinations can all positively impact your rating. The way evidence is organized and presented also matters. Complete documentation gives the rater everything the criteria call for.
Support and Resources for Veterans
Q. How do VA raters view the role of veterans’ service organizations (VSOs) in the claims process?
A: VA raters generally view Veterans’ Service Organizations (VSOs) in a positive light. VSOs can be very helpful in guiding veterans through the claims process. They assist in gathering and submitting necessary documents, ensuring forms are filled out correctly, and providing support throughout the entire process. Having a VSO can make a veteran’s claim more organized and thorough, which can help in getting a fair and timely decision. VSOs will often reach out to Raters or VA staff on a claim.
Q. What little-known VA programs or resources can veterans leverage to support their disability claims?
A: There are several lesser-known VA programs that can help veterans with their disability claims. For example, the VA offers the Fully Developed Claims (FDC) program, which can speed up the decision process if all necessary evidence is submitted upfront. Another resource is the VA’s eBenefits portal, where veterans can track their claim status, access their VA records, and get information on various benefits. Additionally, the VA offers vocational rehabilitation and employment services to help veterans with service-connected disabilities find and maintain employment.
Q. What surprising benefits or compensations might veterans be eligible for that they often overlook?
A: Many veterans don’t realize they might be eligible for special monthly compensation (SMC). This benefit is for veterans who have severe disabilities, like the loss of use of a limb, or need help with daily activities. Another overlooked benefit is the Aid and Attendance (A&A) benefit, which provides additional funds for veterans who need assistance with everyday tasks due to their disabilities. Veteran’s loved ones might also qualify for Dependency and Indemnity Compensation (DIC) if the Veterans’ death was related to their military service, often providing financial help.
Q. What advice do VA raters have for veterans who are considering hiring an attorney or advocate for their claim?
A: Hiring an attorney or advocate can be a good idea, especially if your case is complex or if you’ve been denied before. They can help you gather the right evidence, complete the paperwork correctly, and navigate the appeals process. Make sure to choose someone experienced with VA claims to get the best help possible and make sure they are accredited.
Q. What contend do VA raters recommend to veterans wanting to learn more about VA claims?
A: The VetResources Newsletter is a weekly newsletter produced by the VA that is worth following. The SITREP is an educational series that can be found on youtube and wherever you listen to your podcasts that is a wealth of free information.
Tips for a Successful Claim Process
Q. What do VA raters wish veterans knew before submitting their claims to improve the likelihood of a favorable decision?
A: VA raters wish veterans knew the importance of detailed and accurate documentation. It’s crucial to provide complete medical records and a strong nexus letter that clearly explains the connection between your condition and your military service. Understanding the specific criteria for your condition and getting help from a knowledgeable representative can also greatly improve your chances of a favorable decision. Lastly, make sure that you have a diagnosis for the condition which is the most important tactic.
Q. What steps can veterans take to ensure their claims are processed as quickly and accurately as possible?
A: To speed up your claim process, make sure all your paperwork is complete and accurate before you submit it. Keep your contact information up to date so the VA can reach you if they need more information. Respond quickly to any requests from the VA, and consider getting help from a Veterans Service Officer (VSO) to make sure everything is in order.
Q. What are the most surprising ways veterans can strengthen their claims with non-medical evidence?
A: Non-medical evidence like lay statements from family, friends, or coworkers can be very helpful. These statements can provide personal insights into how your condition affects your daily life and work. Photos, videos, and even social media posts showing your struggles can also support your claim.
Q. What are the key elements that make a strong and compelling nexus letter?
A: A strong nexus letter should be written by a qualified doctor who is familiar with your condition. It should clearly explain the connection between your condition and your military service, reference relevant medical research, and be consistent with your service and medical records. Detailed and specific information makes the letter more persuasive and effective.
Q. What what are things to watch out for when working with a nexus letter provider?
A: Make sure you do your research and read their reviews. Don’t use a company or provider that charges you a percentage of what your disability increase is. Never give a company or individual your VA login information because it is illegal.
