How to Win Your VA Claim and Get it Right the First Time

How to Win Your VA Claim and Get it Right the First Time

Filing a VA disability claim can be overwhelming, but getting it right the first time is possible if you understand the key steps involved. There are two essential factors you must focus on when preparing your claim:

  1. Service Connection
  2. Appropriate Disability Rating

Understanding these two factors will help you build a strong case and avoid the frustration of receiving a low rating or denial. This article will walk you through the steps to increase your chances of winning your VA claim the first time.

Step 1: File an Intent to File

The first step in any VA claim is to file an Intent to File. This action establishes the date for potential back pay and locks in the rating schedule as it stands at the time of your filing.

  • If the rating schedule changes after you file your intent to file, you’ll be protected by the schedule in place on the date of your filing.
  • You have 12 months from the date of filing your intent to file to complete your claim.

Filing an intent to file also takes the pressure off while you gather evidence and build your case.

Step 2: Gather Your Service Records

To prove that you are a veteran in good standing, you need to provide your DD214 (Certificate of Release or Discharge from Active Duty). This document confirms your service record and discharge status, which is critical for establishing your eligibility for VA benefits.

If you don’t have your DD214 or medical records from your time in service, you can order them using SF-180 (Request Pertaining to Military Records). This form allows you to request your service treatment records and other official documents directly from the National Personnel Records Center (NPRC).

If you are helping a family member with their claim, you can also use SF-180 to request their records. If the veteran is deceased, next of kin can submit the form to obtain these records.

Step 3: Get a Diagnosis

The VA requires a formal medical diagnosis for the condition you are claiming. A diagnosis from a licensed medical professional is essential evidence for your claim.

  • The diagnosis should be for a chronic condition or a condition with residual effects.
  • A short-term illness like the flu or a cold won’t qualify unless it leads to a chronic or ongoing problem.

If you haven’t already been diagnosed, schedule an appointment with a healthcare provider to confirm your condition. If you’ve already been diagnosed, make sure you have all the medical documentation related to your condition.

Step 4: Establish a Nexus

A Nexus is the link between your diagnosed condition and your military service. You need to prove that your condition:

  • Began during your time in service
  • Resulted from an incident or exposure during service

There are several ways to establish a Nexus:

  • Service medical records – If you were diagnosed with the condition during service, that is strong evidence of a Nexus.
  • Medical opinions – A doctor can write a Nexus letter connecting your condition to your service.
  • Buddy statements – Fellow service members can write statements supporting your claim by describing how they witnessed your condition during service.
  • Presumptive conditions – Some conditions are automatically presumed to be service-connected if they appear under specific circumstances (e.g., Agent Orange exposure).

If your doctor is unsure how to write a strong Nexus letter, companies like American Medical Experts (AME) specialize in creating Nexus letters tailored to VA claims.  https://americanmedicalexperts.com/

Step 5: Obtain the Correct Disability Rating

Even if you successfully prove service connection, getting the right disability rating is equally important. A low rating could reduce your compensation significantly.

  • The VA uses a Disability Benefits Questionnaire (DBQ) to assess your condition and determine your rating.
  • Your doctor should complete the DBQ using VA rating criteria.
  • If your doctor cannot complete the DBQ correctly, AME can also assist with this step.

For example, migraines can be rated at 10%, 30%, or 50% depending on their severity and how frequently they impact your daily life. A properly completed DBQ increases the likelihood of receiving the highest possible rating.

Step 6: Appeal If Necessary

If your initial claim is denied or you receive an unsatisfactory rating, you have the right to appeal. The VA claims process follows a legal structure with multiple levels of appeal:

  1. Initial Review – Handled by VA staff, similar to paralegals.
  2. Board of Veterans Appeals – Reviewed by a VA judge.
  3. U.S. Court of Appeals for Veterans Claims – If the Board denies your claim, you can appeal to this court, where a federal judge will review your case.

Each level allows you to present additional evidence to strengthen your case.

Final Thoughts

Winning a VA claim is a legal process that requires a solid understanding of service connection, medical evidence, and disability ratings. Filing an intent to file, securing a proper diagnosis, establishing a Nexus, and submitting a complete DBQ are the foundation of a strong claim.

If you need assistance with a Nexus letter or DBQ, American Medical Experts (AME) offers free consultations and can help you gather the medical evidence needed to support your case.

Disclaimer:

This article reflects the opinions of the author and is intended for informational purposes only. It is not a substitute for professional legal or medical advice. Veterans should consult with an accredited VA representative, attorney, or healthcare provider when filing a claim.