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This content is for informational purposes only and is not intended to provide legal or financial advice.
For military veterans, the process of filing claims through the U.S. Department of Veterans Affairs (VA) can be complicated and feel overwhelming. Whether the claim is for disability, benefits, or other forms of compensation, the process of filing a claim through the VA is often a lengthy one. Simple mistakes can cause delays, making the process even more frustrating.
“A lot of veterans run into hurdles when filing claims with the VA,” Sampson says, “but many can be overcome by correcting simple mistakes in their claims before they file them.”
Helping veterans better understand the process of filing and receiving VA claims is one reason why US Army veteran Chas Sampson founded Seven Principles. Sampson and his team aim to improve the lives of veterans, their families, and their businesses, delivering efficient and effective results on the matters that mean the most to them. In this article, Sampson explains some of the most common mistakes veterans make when filing their claims through the VA and how they can be fixed.
Mistake #1: Waiting to file a disability claim
“One of the most common mistakes I’ve encountered veterans making on their VA claims for disability is that they wait until they’ve collected what they believe to be enough evidence to support their claim,” Sampson tells us. “Unlike other similar claims a civilian might make for this, there is no statute of limitations on filing a disability claim with the VA for compensation benefits, but waiting to file a disability claim can delay the effective date of that claim.”
As Sampson explains, the effective date of a VA claim is essentially the date that the VA uses to begin dispersing payment of disability benefits from a claim. When a veteran waits to file a disability claim, the effective date gets pushed further back, which can severely impact the total amount of benefits they are entitled to receive.
“Sometimes, a veteran will wait to see if their medical symptoms or conditions improve before they file a disability claim,” Sampson continues, “but if their claim is awarded, the benefits they receive will be paid retroactively from the date on their claim. The sooner a veteran files their disability claim, the sooner the process of filing their claim can begin and the more benefit payments they can obtain.”
Mistake #2: Not filing for secondary conditions on their claim
Another common mistake Sampson has seen veterans make is not realizing that they may be entitled to secondary disability benefits that may not have occurred during their time in military service, but were the result of it. For example, the onset of PTSD that occurred months — or even years — after experiencing a traumatic injury during a veteran’s military service can be classified as a secondary condition on their claim.
“It’s imperative that veterans file for any qualifying secondary conditions at the same time they file a claim for a primary condition,” says Sampson. “When they present evidence of the primary condition on their claim, that same evidence can typically pertain to secondary conditions they might also be experiencing. Likewise, the effective date for a secondary condition more often than not matches the effective date of the primary condition on their claim.”
According to Sampson, filing for secondary conditions on a disability claim allows the VA to see that both conditions are connected, and benefits for them should be grouped together. These bundles tend to lead to a larger retroactive payout of benefits.
Mistake #3: Failing to obtain a professional medical opinion
“Perhaps one of the most common mistakes I have seen veterans make on their claims is failing to obtain a medical opinion from a certified professional before filing their claim,” Sampson explains. “This is also one of the most widespread reasons why veterans will have their claims denied by the VA. Without a clear presentation of medical records or evidence to link a veteran’s disability to their time in active-duty service, the VA has no ground to approve it.”
According to Sampson, many veterans make the mistake of relying solely upon compensation & pension (C&P) examinations; however, these examinations may not fully represent the extent of the disability. Instead, veterans should always obtain the opinion of a qualified medical professional in writing to support the evidence of their claim. In cases where they cannot do so, another option is to obtain a nexus letter — a document prepared by a medical professional for a veteran explicitly connecting an event from their time in active duty to the condition for which they are filing a claim.
“Additionally, I almost always advise veterans or their qualifying physician to fill out a Disability Benefits Questionnaire,” Sampson continues. “These help support their claim with evidence backed by a medical professional and can help the VA file their claim faster.”
Mistake #4: Misunderstanding how the VA grants veterans benefits
Unfortunately, the process of filing a claim and receiving benefits is far more complex than filling out a form, submitting it to the VA, and waiting for a check to arrive in the mail.
“To receive service-connected benefits or compensation from the VA,” explains Sampson, “Veterans must present three core elements: a current condition diagnosed by a medical professional, evidence typing that condition back to an in-service event such as an injury or illness, and a letter from a medical professional (like a nexus letter) that links their condition to the in-service event. If more veterans understood that, I believe we’d see a greater portion of veterans receiving more compensation in less time.”
To stress this point, Sampson reiterates that the condition for which a veteran is filing a claim must be current — they cannot be awarded a claim or receive benefits from a past condition they did not file for at the time of its occurrence, even if it was tied to an in-service event.
“The VA will waste no time denying claims that aren’t fully developed or supported by current evidence,” Sampson concludes, “so you must have those three core elements documented and clearly outlined when filing your claim. By understanding how the VA operates its claims and disperses benefits to veterans, you’re already ahead of the curve.”
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