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You can file your initial claim for VA disability benefits online through the VA eBenefits portal. Alternatively, you may choose to work with an accredited Georgia Veterans Service Organization (VSO), which can provide guidance and help you manage the paperwork. Another option is to start the paperwork yourself by completing VA Form 21-526EZ, available on the VA’s website. Depending on your circumstances, additional or alternative forms may be necessary.

The processing time for initial claims can vary. As of early 2024, the average was around 160 days, but it is not uncommon for claims to take up to a year to process. Decisions can take time, so it is critical to start the process as early as possible.

This is the date from which your veterans disability benefits will be calculated if your claim is approved. To establish an early effective date, you should file your claim as soon as possible. This date remains fixed unless you fail to maintain your claim or continuously pursue appeals. For example, if you do not file one of three appeal types (Supplemental Claim, Higher-Level Review, or Notice of Disagreement) within a year of receiving a decision, you might need to reopen your claim, setting a new effective date. Preserving your original effective date is essential as it determines the back pay you might receive.

There are several common reasons why a VA disability claim or appeal might be denied. Understanding them can help you better prepare your claim and increase the chances of approval. 

• Insufficient Medical Evidence: One of the most frequent reasons for denial is the lack of sufficient medical evidence to support the claim. Without comprehensive medical records, professional diagnoses, and explicit linkage to service, the VA may not find the evidence compelling enough to approve the claim.
• No Proven Connection to Military Service: This is often referred to as establishing a “nexus.” If the VA determines that your medical condition is not related to your service (e.g. a preexisting condition or injury after service) or if the evidence is unclear, your claim may be denied.
• Insufficient Evidence of an In-Service Event, Injury, or Disease: You, fellow service members, or family members may be able to establish certain events or injuries occurred during your active duty service. Sometimes veterans assume there is enough evidence in the military personnel file and do not include this important lay evidence.
• Errors in the Application: Simple mistakes in the initial application or appeal process can lead to a denial. This might include incomplete forms, missing information, or failing to follow VA’s filing procedures. 
• Previously Denied Claims: If you are filing a claim for a condition that has been previously denied and there is no new and relevant evidence to present, the VA is likely to issue a denial of benefits again.
• Failure to Attend VA Medical Examinations: The VA may require you to attend a Compensation & Pension (C&P) exam to evaluate the severity of your disability and its connection to your service. Failing to attend this exam can result in the denial of your claim or appeal.

At Perkins Studdard, our legal team is here to help you avoid these common pitfalls. We ensure that your paperwork is thoroughly prepared, all necessary medical evidence is presented, and all procedural requirements are met. If your claim has been denied, we can help you understand why and assist you in the appeal process. To learn more, contact our law firm today for a free consultation with one of our veterans disability lawyers.