Although the process of filing for and receiving a VA disability claim sounds simple on the surface — similar to a civilian filing a claim for worker’s compensation — this could not be farther from the truth. There are specific forms that must be filed for different injuries or illnesses that occur during military service, and because the process is so time-consuming, the VA is regularly overwhelmed with claims. As such, it’s up to veterans to ensure they file their claims correctly and as close to the time of their injury as possible. 

As of March 4, 2023, according to the U.S. Department of Veteran Affairs, over 766,500 claims are still pending. And this number does not include backlog or appeals. Between 2019 and 2022, about 29 percent of direct VA claims were granted, whereas some 39 percent were denied. The remaining 32 percent of claims were either in the appeal pile, filed under a different claim, or backlogged.  

As a former decision officer at the Department of Veterans Affairs (VA), Chas Sampson has seen his fair share of mistakes made by veterans while filing claims. Unfortunately, these errors can often result in delays or denials of benefits, causing unnecessary stress and frustration for veterans and their families. For this reason, he founded Seven Principles to help veterans file and receive their VA claims.

Tip #1: Don’t wait to file a disability claim

Most veterans wait to file a claim until they have all the evidence necessary, but the truth is that veterans don’t need to wait — they can file a claim first, then gather the required evidence as their claim progresses. “It’s important to file as soon as possible because the effectiveness of a VA claim is the date that the VA uses to begin dispersing payment of disability,” shares Sampson. If a veteran files late, the effective date is pushed back, regardless of when the incident happened during their service. 

Veterans need to gather evidence, but as they do so, they also need to start the filing process. “Unlike other similar claims a civilian might make for this,” says Sampson, “there is no statute of limitations on filing a disability claim with the VA for compensation benefits. Still, waiting to file a disability claim can delay the effective date of that claim, so don’t wait to see if your condition improves. If your claim is awarded, the benefits you receive will be paid retroactively from the effective date on your claim, leading to additional benefit payouts in your favor.”

Tip #2: File for secondary conditions

It’s important to remember that secondary conditions can surface after any physical injury occurs. For example, when someone is in a car accident, there may be nothing wrong with them at first, only for them to experience sudden back or neck pain after a week or two. 

Sampson suggests that veterans take into consideration everything that happens in the days and weeks following their injury. The most common secondary condition is PTSD, which sometimes doesn’t manifest until months — even years — later. Once veterans acknowledge that a secondary condition may be causing an issue, they must file their claim immediately. 

“Veterans must file for any secondary qualifying conditions,” Sampson insists. “Sometimes, you can file secondary conditions at the same primary conditions, and the evidence for the primary condition can support the secondary condition. Again, filing early is important, so your effective date is early. And more often than not, the effective date for secondary conditions will match the date for the primary.”

By filing a secondary condition, it becomes more apparent to the VA that the condition is related to a primary one, especially when the evidence is similar and they are filed together. “These bundles tend to lead to a larger retroactive payout of benefits,” explains Sampson. 

Tip #3: Get the opinion of a qualified medical professional

Getting examined by the VA office is a necessary first step to gathering evidence for the veteran’s claims. First, however, it’s essential to see the opinion of an outside medical professional. “Veterans need a clear presentation of medical records or evidence to link a veteran’s disability to their time in active-duty service,” Sampson says.  

Relying on the compensation and benefits examinations may not be enough to represent the entire picture of the veteran’s disability, including any applicable secondary conditions. In these cases, medical professionals can write a nexus letter — an evidence-based document that outlines the connection between the veteran’s disability or illness and an active-duty event — to help support a veteran’s VA claim. 

In addition, it’s important to ask the medical professional to fill out a Disability Benefits Questionnaire. These documents help provide proof of the claim on top of the current documentation within the VA office. 

Tip #4: Understanding the three core elements of receiving benefits

“Veterans must present three core elements,” Sampson clarifies. “These include a current condition diagnosed by a medical professional, evidence linking that condition back to an in-service event such as an injury or illness, and a letter from a medical professional 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.”

According to Sampson, the VA office will have no issue denying incomplete claims. “They will deny any claim that doesn’t have these three elements,” he explains.

Sampson’s background as a former Iraq veteran, as well as his work with Seven Principles, enables him to connect with veterans on a deeply personal level. “I listen to veterans and understand exactly where they are coming from,” he says. “Even if I’ve never met them, we have an instant connection. If they call me, I will run to them no matter where they are in the world. We have that close of a bond.”