🎖️ VALOR

Could Your Rating Be Higher? Explore Secondary Conditions to Boost Your Benefits!

In this video, our attorneys dive into common secondary conditions like depression, hypertension, and diabetes that can significantly impact your VA disability rating. Learn how service-connecting these conditions can not only bring additional benefits but also prepare you for potential future complications. Discover the value of filing for secondary service connections to unlock a fuller range of benefits for your service-connected conditions. 

⚖️ EXPERTS

Denied VA Disability Claim? Here’s What You Can Do to Strengthen Your Appeal

Waiting for a decision on your VA disability claim can be nerve-wracking, especially when you’re dealing with a condition that impacts your daily life. Unfortunately, about 30% of VA disability claims are denied, leaving veterans in need of answers, clarity, and guidance. If your claim was denied, it doesn’t mean the end of the road; appealing the VA’s decision may be your best path forward.  

Here, we’ll cover common reasons claims are denied and practical steps you can take to build a stronger case when you appeal. 

1. Missed Deadlines: Timeliness is Key 

One of the main reasons for VA denials is missed deadlines. The VA provides strict timeframes for filing claims and appeals, and missing these can disqualify your case from consideration. While there’s no set deadline for your initial claim, appealing a denial requires quick action. You have one year from the denial date to submit your appeal, so make it a priority. Setting reminders or working with a representative can help you keep track of essential deadlines. 

2. Insufficient Evidence: Documenting Your Disability 

VA claims rely heavily on strong, detailed evidence. If your claim lacked necessary medical records, service records, or "buddy statements" from those who witnessed the impact of your condition, the VA may have lacked enough proof to approve your claim. When appealing, strengthen your case by including thorough documentation—considering anything from updated medical evaluations to detailed personal statements. Remember, the VA bases its decisions on evidence; the more thorough you can be, the better. 

3. Specific Diagnoses Matter 

Without a specific medical diagnosis for your condition, the VA cannot approve your claim. For instance, if you once experienced symptoms of depression related to service but have since fully recovered, the VA may deny compensation based on a lack of a current diagnosis. Before filing your appeal, ensure you have up-to-date medical records that clearly state your current, service-connected condition. 

4. Compensation & Pension (C&P) Exams: Don’t Miss or Undervalue These Appointments 

C&P exams are a critical step in the VA claims process. Missing or under-preparing for this exam can lead to an unfavorable evaluation. The examiner's findings can determine if your condition is service-connected and if it qualifies you for compensation. If your initial exam was mishandled or scheduled without proper notice, request a new appointment. Additionally, being prepared to clearly describe your symptoms and how they impact your daily life can help the examiner assess your case accurately. 

5. Service Connection Challenges: Proving Your Condition Relates to Service 

A successful VA claim requires proof that your condition is service connected, meaning it was caused or worsened by your military service. If the VA denied your claim because they deemed your condition unrelated to your service, you may need to gather more evidence or a medical opinion to demonstrate a clear link. This is especially important if you have pre-existing conditions or unclear medical records from your time in the military. 

6. Low Disability Rating: Seeking an Accurate Assessment 

Sometimes, even if your claim is approved, your disability rating may be too low to qualify for benefits. If you received a rating below 10%, for instance, the VA will not issue compensation, even if they acknowledge the service connection. When appealing, consider submitting additional evidence that demonstrates the severity of your condition and its impact on your daily life. Medical records, personal statements, and buddy letters can all contribute to receiving a rating that better reflects your condition. 

Should You Appeal or Request a Reconsideration? 

When facing a denied claim, veterans sometimes consider asking the VA for a “reconsideration.” However, the VA rarely grants reconsiderations, and the process can lead to more delays. In most cases, filing a formal appeal is the best route to ensure your claim is properly reviewed. If you’re uncertain about your next steps, consulting with a VA disability lawyer can provide clarity and ensure you’re making the best decision for your situation. 

Take Control of Your VA Claim

Dealing with a denied claim can feel like an uphill battle, but with the right approach, you can strengthen your case. For personalized guidance on filing an appeal, reach out to our team. We’re here to help veterans navigate the VA disability process and secure the benefits they deserve. Click below to start your free case evaluation!

Attention: Were You or a Loved One Impacted by Aqueous Film Forming Foam (AFFF) Exposure?

If you or a loved one had hands-on exposure to AFFF—whether as a firefighter or non-firefighter—and were later diagnosed with:

• Testicular Cancer

• Kidney Cancer

• Liver Cancer

• Thyroid Cancer (diagnosed 4 years after exposure)

• Hyper/hypothyroidism (diagnosed 1 year after exposure)

• Ulcerative Colitis

you may be entitled to compensation. AFFF has been linked to these serious health risks, prompting many to seek justice and compensation.

Don’t wait—your health and rights matter. Contact our legal team to learn more about your options for compensation and get the help you deserve.

Call us at (855) 494-1298 to learn more.

🦅SUPPORT

Attention: Join us today at 1400 hours EST for a new livestream with our legal team!

Join us to get your questions about VA disability law and the claims process answered by our legal team. Comments open 30 minutes prior to the Livestream starting, so get there early to get your question in. We try to answer as many as we can!

🗺️ TACTICS

Veterans’ Success in Obtaining Higher Rating for Migraine Headaches

Note: All identifying info has been changed to protect the identity of the client.

Summary of Claim

A veteran who served from January 1979 to July 2001 initially received a 10% disability rating for service-connected migraine headaches, but soon realized this rating did not reflect the true impact of his condition. His migraines, which occurred multiple times per week and severely affected his ability to function, led him to seek a higher rating. This case demonstrates the complex process of appealing for increased ratings and highlights secondary conditions that veterans may experience. 

The Outcome

In this case, the Board of Veterans' Appeals (BVA) granted the veteran a 50% disability rating for his migraines, acknowledging the debilitating nature of his condition. This decision was based on evidence showing that his migraines were completely prostrating, frequent, and had a substantial impact on his daily life and economic adaptability. 

Granted: 50% disability rating for migraine headaches, recognizing frequent, incapacitating attacks that limited his work and quality of life. 

Why Was This Decision Made?

The increased rating stemmed from several key factors: 

• Severity and Frequency of Headaches: The veteran’s migraine headaches were documented as completely prostrating, occurring approximately three times per week, with each episode lasting much of the day. Symptoms included severe pain, light sensitivity, nausea, and a stabbing sensation in the eye and neck, all of which significantly interfered with his life. 

• Impact on Daily Functioning: Medical records showed the migraines prevented the veteran from concentrating, working, or attending to basic daily tasks. Despite attempting various treatments, he remained bedridden multiple days each week. 

• Ineffectiveness of Medication: The veteran’s ongoing battle with managing his migraines was complicated by the decreasing efficacy of medications such as Imitrex, which only worked occasionally. Additionally, he experienced negative side effects from trying new medications, which provided minimal relief. 

Secondary Conditions: Opportunities for Additional Ratings

Migraines can often lead to secondary conditions, such as depression, sleep disturbances, or hypertension, due to the pain and lifestyle limitations they impose. For example, veterans who experience prolonged pain or frequent, incapacitating episodes may also develop mental health challenges or other related physical conditions. In this veteran’s case, the migraines contributed to a persistent sense of frustration and limited mobility, impacting his quality of life and work. 

Use our VA Disability Calculator to explore how secondary conditions could impact your rating and see if you qualify for additional benefits. 

If you're facing challenges in securing the VA benefits you deserve, or if you believe your current disability rating does not accurately reflect your condition, we're here to help. Call us at (855) 494-1298.