Filing a VA Disability Claim: Common Mistakes to Avoid

This article is for general informational purposes only and is not legal advice. Every VA disability claim is unique, and Veterans should consider consulting an accredited representative or attorney regarding their individual circumstances.

Filing a VA disability claim is often the first step toward receiving benefits for a condition related to military service. Although the paperwork required to file a claim is generally straightforward, developing the evidence necessary to support the claim can be considerably more challenging.

Veterans can make avoidable mistakes during the claims process that may lead to delays, additional development, or an unfavorable decision. Understanding some of the most common pitfalls before filing can help ensure that VA has the information it needs to properly evaluate the claim.

Every VA disability claim is different, and there is no one-size-fits-all approach. The evidence needed to support a claim depends on the Veteran’s circumstances, the disability being claimed, and the relationship between the disability and military service.

Common Mistakes to Avoid

  1. Filing Without Clearly Identifying What You Are Claiming

    One of the most common problems is submitting a claim without clearly identifying the disability being claimed. VA needs enough information to understand what condition the Veteran believes is related to military service.

    A claim does not necessarily need to use precise medical terminology, but it should identify the condition as clearly as possible. If a Veteran has been diagnosed with a particular condition, using the diagnosed condition rather than a vague description can help avoid confusion and unnecessary development.

    It is also important to identify the general basis for the claim when possible. For example, a Veteran may be claiming that a condition began during service, was caused by an event or exposure during service, or is secondary to another service-connected disability.

  2. Failing to Provide or Identify Relevant Evidence

    Evidence is often the most important part of a VA disability claim. Veterans should identify and submit relevant evidence they already have, rather than assuming VA will automatically find everything that may support the claim.

    This may include service treatment records, private medical records, treatment records from VA facilities, medical opinions, or statements from people who have firsthand knowledge of the Veteran’s symptoms or circumstances.

    Not all evidence carries the same weight in every claim. A medical record showing a current diagnosis may be important, for example, but it may not answer the separate question of whether that condition is related to military service.

  3. Not Attending or Preparing for VA Examinations

    If VA schedules a compensation and pension (C&P) examination, it is important to attend the examination or, if necessary, promptly notify VA that you cannot attend and need to reschedule. Failing to report for an examination without good cause can affect how VA decides the claim.

    Veterans should also take the time to understand what the examination is intended to address. The examiner may be asked to evaluate the severity of a disability, determine whether a current condition is related to military service, or address another specific medical question.

    A C&P examination is not the place to assume that the examiner already knows everything about your medical history. Be prepared to describe your symptoms accurately, explain how they affect you, and answer the examiner’s questions. Don’t exaggerate your symptoms, but don’t minimize them either.

  4. Failing to Understand When New Evidence Can Be Submitted

    Different stages of the VA claims and appeals process have different rules governing if and when new evidence may be submitted and considered. A common mistake is assuming that evidence can always be submitted at any time and will automatically be considered as part of the pending review.

    Some review options do not allow new evidence at all, while others allow additional evidence during a specified period. A Supplemental Claim is different and may be filed after VA has decided a claim, provided the requirements for a Supplemental Claim are met.

    Before submitting new evidence, make sure you understand the rules that apply to the type of claim or review you are pursuing.

Avoiding these common mistakes can help keep a VA disability claim moving and make sure VA has the information it needs to evaluate the claim. But every claim is different, and a problem that seems minor in one case can be significant in another.

If you are unsure about what evidence is needed or what steps to take during the claims process, consider speaking with a VA-accredited representative or attorney about your individual circumstances.

Already received a VA rating decision? See our article, “How to Read a VA Rating Decision,” for help understanding what VA’s decision means.

About the Author

Eric Worsham is the founder of Worsham Veterans Law, PLLC. He began representing Veterans in VA disability claims and appeals in 2007. From 2019 to 2025, he served as an attorney at the VA’s Board of Veterans’ Appeals (BVA), where he reviewed claims files, analyzed the evidence and applicable law, and drafted decisions in Veterans’ appeals. He now represents Veterans nationwide in VA disability claims and appeals.

Worsham Veterans Law, PLLC

VA-accredited attorney with nearly 25 years of experience handling disability claims, including previously deciding claims at VA’s Board of Veterans’ Appeals (BVA). Representing Veterans Nationwide in disability appeals at all levels, including at the U.S. Court of Appeals for Veterans Claims (CAVC).

https://www.worshamveteranslaw.com
Next
Next

How to Read a VA Rating Decision