Disability claims can be complex, and being denied — even with a nexus letter — can feel frustrating. However, a denied VA claim is not the end of the road. There are steps you can take to strengthen your case and appeal the decision successfully.
1. Understand Why the VA Claim Was Denied
The first step in addressing a denied VA claim is understanding the specific reasons for the denial. Carefully review the decision letter from the VA, as it will point to the issues with your claim. These could include:
- Administrative Errors: Missing forms, incomplete documentation, or errors in submission can lead to denials. Verify that all necessary paperwork was submitted correctly. Do you believe the VA made an error? File a Motion for Advancement→
- No Current Diagnosis: The VA requires a confirmed diagnosis for the claimed condition. Without this, they may not consider your condition compensable.
- Insufficient Nexus Connection: If your nexus letter lacks detailed medical rationale or fails to connect your condition to your military service, the VA may reject the claim.
- Contradictory Evidence: Conflicting opinions from VA examiners or other medical sources can weaken the validity of your nexus letter.
2. Improve the Nexus Letter
Your nexus letter is a key piece of evidence in your claim. If the VA denied your claim despite having one, it may need revision or improvement.
Did My Nexus Letter Hurt My VA Claim?
While a nexus letter is vital, an ineffective one can hinder your claim. Issues such as vague language, lack of evidence, or an unqualified author can weaken your case.
How to Get a Winning Nexus Letter
A strong nexus letter can be the deciding factor in your VA disability claim. This is how you can ensure your letter is comprehensive and persuasive:
- Make it Specific: Clearly state that your condition is “at least as likely as not” caused or aggravated by your military service. Use definitive and precise language to avoid ambiguity.
- Include Supporting Medical Evidence: Reference relevant medical studies linking your condition to military service. Cite service records that demonstrate exposure to risk factors or document in-service events that caused your condition. Incorporate diagnostic tests or imaging that validate your diagnosis and its severity.
- Address Contradictory Evidence: If the VA cites conflicting opinions, ensure your nexus letter directly refutes these contradictions with solid medical reasoning and evidence.
- Work with Qualified Experts: Choose a medical professional experienced in VA claims and well-versed in your specific condition. Whenever possible, seek a specialist’s opinion, as it often carries more weight than a general practitioner’s assessment.
By following these steps, you can significantly strengthen your claim and improve your chances of securing VA benefits.
3. Get Additional Evidence
When a VA claim is denied, gathering comprehensive evidence is crucial to building a strong case. Depending on your situation, here are specific types of evidence that can help:
Service Records to Prove In-Service Events
- DD214: Confirms dates of service, discharge status and locations served. For example, it can be used to establish exposure to Agent Orange in Vietnam. Need help requesting your DD214 or service records? Click here for a step-by-step guide→
- Service Medical Records: Records of clinic visits, hospital stays or treatments during service that document injuries or illnesses.
- Service Personnel Records: Can show missed training, disciplinary actions or poor evaluations due to a service-connected condition.
Medical Evidence to Validate Diagnoses and Conditions
- VA Medical Records: Document ongoing treatments and diagnoses at VA facilities. How do I get these records?
- Private Medical Records: Include records from specialists and non-VA doctors who treated your condition. These may provide additional insights or differing opinions.
- C&P Exam Results: If you’ve had a Compensation & Pension (C&P) exam, ensure the results support your claim or be prepared to counter inadequate findings.
- Independent Medical Opinions (IMOs): Hire a private doctor or specialist to provide a detailed analysis of your condition, called an Independent Medical Examination (IME). This can be particularly valuable if your C&P exam was unfavorable.
Evidence for Toxic Exposure Claims
- Proof of Presence in Toxic Areas: Ship logs, deployment orders or flight manifests showing service in hazardous areas (e.g. exposure to Agent Orange in Vietnam or burn pits in Iraq). Check out our toxic exposure map to learn if you served in an impacted area→
- Scientific Studies or Reports: Include studies linking your specific condition to the toxic substances you were exposed to.
Updated or Supplementary Medical Evidence
- New Medical Records: Include evaluations, diagnostic tests or imaging that show ongoing severity or progression of your condition.
- Medical Studies: These don’t have to be used just for toxic exposure claims. Reference studies and research linking your condition to military service for additional support. You can use sites like Google Scholar or PubMed, for example.
Lay Evidence for Context
- Buddy Statements: Fellow service members can attest to in-service events or symptoms they witnessed. For example, a buddy statement may corroborate exposure to loud noise leading to hearing loss.
- Personal Statement: Detail the onset, progression and impact of your condition on daily life, work and relationships.
- Family or Friends’ Testimonies: Provide observations about how your condition affects you physically and emotionally.
Employment Records for Increased Ratings or TDIU Claims
- VA Form 21-4192: Your employer’s documentation of your work performance, accommodations or inability to continue working due to service-connected disabilities.
- Disciplinary Actions or Performance Records: Evidence showing how your condition impacted your ability to work effectively.
- Workplace Accommodations: Records of any adjustments made due to your condition, such as reduced hours or modified duties.
Other Supporting Evidence
- VA Hearings: A transcript of your testimony during a VA hearing can strengthen your case if it’s well-prepared and detailed.
- Behavioral Records for PTSD or MST: For denied MST claims or PTSD claims, include performance reports, requests for transfers or evidence of any behavioral changes.
By collecting relevant and specific evidence, you increase your chances of overturning a denied claim and securing the benefits you deserve. Each piece of documentation should directly address gaps or contradictions noted in the VA’s denial decision.
4. Appeal the Denied Claim
A denied claim can be appealed through several pathways. Choose the option that best suits your situation:
- Higher-Level Review (HLR): A senior VA adjudicator reviews your claim based on existing evidence. This option is ideal if you believe the VA overlooked critical information.
- Supplemental Claim: If you have new and relevant evidence, such as an improved nexus letter or additional medical records, submit a supplemental claim. This allows the VA to reassess your case with the new documentation.
- Board of Veterans’ Appeals (BVA): For more complex cases, appeal to the BVA. You can present additional evidence and request a hearing with a Veterans Law Judge. While this process may take longer, it can offer a more thorough review of your claim.
Learn more about filing an appeal in our comprehensive guide→
Where to Get Help for a Denied VA Claim
Navigating the VA claims process can be overwhelming, especially after a denial. Professional assistance can make a significant difference in your appeal.
- Veterans Service Organizations (VSOs): Groups like the Disabled American Veterans (DAV) or Veterans of Foreign Wars (VFW) offer free assistance. Here’s a list of VSO’s near you →
- VA-Accredited Attorneys: Legal professionals can analyze your case, improve your nexus letter, and gather additional evidence to strengthen your appeal. Why should you hire a VA attorney? We’ll tell you→
They got my disability rating after I was denied twice. They knew exactly how to format and submit the claim. I was rated 50%, Hill & Ponton weren’t done, they found other medical that related to exposure and submitted additional claims. I could not have received a disability rating without Hill & Ponton.
Thomas D. Allen, Illinois
Take the Next Step
With the right approach, you can build a stronger case and secure the benefits you’ve earned through your service. Need Help? Contact us for a free case evaluation. Let us guide you through the appeals process and help you get the benefits you deserve.