The disability claims process for the U.S. Department of Veterans Affairs (VA) can be complicated. The regimented process means that a small mistake can be the difference between a veteran having his disability claim approved or denied. A clear understanding of the step-by-step VA claims process can reveal the common pitfalls in the VA disability process and how to avoid them with this overview created by QRF Legal Services.
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Top 3 Most Common Mistakes in the VA Disability Process
The VA disability claims process has a reputation for complexity, and many veterans make errors that can prevent them from receiving the benefits that they have earned with their years of service. By recognizing these common pitfalls and mistakes, veterans can take the first step toward a smoother application process and approval of their claims.
Here are three of the most common mistakes made by veterans in the VA disability process:
1. Lack of Medical Evidence
In many cases, the most common mistake that veterans make when they submit their VA disability claim is a lack of medical evidence to support their claim. Medical evidence can take many forms when a claim is submitted, and it is critical that veterans have the evidence they need to illustrate that their injury, illness, or medical condition is service connected.
Solution
The simplest solution is to collect medical evidence from ALL private and VA medical providers that you have seen. Independent medical opinions from private providers and nexus letters lend credence to your claim and ensure that all of your medical bases are covered. Evidence you will want to include with your claim includes:
- Your DD214 Form or Additional Separation Documents
- Any Medical and Service Treatment Records
- Any Additional Medical Evidence
- Any Layman Statements, Evidence, or Testimonies
2. Lack of Service Connection
To be eligible for VA disability benefits, the veteran must have a current injury, illness, or medical condition AND must have served on active duty, active duty for training, full-time National Guard duty, or inactive duty for training. The veteran must be able to prove that their injury, illness, or medical condition is connected to their time in the military either as a direct result of service or as a presumptive condition. A lack of evidence to prove their medical condition is a common mistake that veterans make when they submit a disability claim.
Solution
Veterans must be able to provide documents that show that their disability is connected to their military service. Documents that can help you prove your disability is service connected include a DD214 Form, service treatment records, buddy statements, and any evidence that can illustrate how you sustained the injury or the injury was made worse.
3. Missed Deadlines
Veterans that apply for disability benefits will be faced with multiple deadlines that must be met. A missed deadline may mean that the disability claim is denied and it is a common mistake that many veterans make in the claims process. VA representatives may require additional evidence or documentation, may need to respond to VA decisions quickly, or may need to file an appeal — all of which can be on a deadline.
Solution
The best way to avoid a missed deadline is by being proactive and diligent in how you track potential deadlines that need to be met. Do not wait to file a claim or complete a medical exam — or you risk missing a deadline. A veterans benefits attorney — like the team at QRF Legal Services — can help ensure you remain apprised of any potential deadlines.
READ MORE: Learn About the PACT Act and Expanded Veterans Benefits
It is important to understand the common pitfalls in the VA disability process and how to avoid them in order to ensure you receive the benefits that you have earned. We hope that this overview created by QRF Legal Services has highlighted the most common mistakes and how you can avoid making them yourself.
Contact QRF Legal Services today for additional information!
