10 Real VA Claim Questions — Straight Answers from a VA Attorney

 Posted on July 11, 2025 in Uncategorized

Veterans pursuing VA disability benefits often encounter complex rules, denials, and confusion surrounding evidence, back pay, re-evaluations, and procedural roadblocks. Understanding common pitfalls and knowing how to properly document and argue your case can make the difference between a denied and a successful claim. This blog covers questions that Veterans have asked us about their claims and highlights actionable strategies.

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Question 1: I filed the claim for my back and knees in 2021 and just got denied again. The VA keeps saying there's no nexus. But, I've had these issues since Iraq in 2007. What else do they want from me?

Proving Chronicity and Nexus in Joint and Back Claims

A top reason for denial in back and joint disability claims is the absence of a documented nexus—proof the condition is linked to military service. The VA particularly scrutinizes claims with a long gap between service and initial filing, often attributing symptoms to aging or non-service events. To bridge this gap:

• Medical Evidence: Consistent medical documentation from service separation to present is the gold standard. Even retrospective letters from your healthcare provider attesting to longstanding symptoms can be impactful.

• Lay Evidence: Statements from family, friends, or colleagues describing observed physical limitations, pain, or chronic complaints can supplement medical records. VA adjudicators accept such testimony as competent evidence of observable symptoms.

• Ruling Out Post-Service Causes: Be proactive in addressing possible post-service injuries or events. If none exist, make that explicit in your submission to preempt potential denials.

Question 2: I got out in 1999 and didn't file until last year because I didn't know I could. They gave me 10%, but I've had these same issues for 20 plus years. Is there any way to argue for back pay?

Understanding Back Pay and Effective Dates

Many veterans wonder if they can recover back pay for conditions they suffered from for years but only recently filed for. Unfortunately, lack of knowledge about eligibility is generally not a valid argument for retroactive benefits. The main exception involves "clear and unmistakable error" (CUE) by the VA, a rare circumstance requiring expert help to pursue. For most veterans, effective dates tie directly to when their claim was first filed.

Question 3: I'm rated 100% for prostate cancer, but I just got a letter saying they're scheduling me for a follow up. I've got urinary issues and ED. Are they going to drop me to 0%?

Handling Prostate Cancer Ratings and Residual Effects

For veterans rated at 100% due to active prostate cancer, it’s critical to know that the VA will re-evaluate and may reduce the rating once the cancer is in remission or post-treatment. However, the rating should not drop to zero if you are experiencing residuals such as urinary frequency issues or erectile dysfunction (ED); these should be specifically rated and compensated.

Question 4: I filed a supplemental claim with new evidence, and it's been sitting there for five months. Is this normal or did they lose it? I can't get a straight answer when I call the VA.

Supplemental claims can languish for several months due to VA backlogs and staffing shortages. Five-month wait times are not abnormal, but if your situation is dire (terminal, financial hardship, age 85+), you can request expedited processing. Always ensure you get written notice of any decisions. If you're using a VA accredited representative, they can see where in the process you are.

Have questions of your own? Schedule a free consultation with our team - https://calendly.com/vetlawoffice

Question 5: I filed the claim for sleep apnea secondary to my PTSD because I gained 40 pounds over the years, and my VA psych said the meds and depression contribute to it. They denied it. Is this even a thing the VA recognizes? 

Sleep Apnea, PTSD, and Secondary Service Connection through Weight Gain

Veterans often seek to service-connect sleep apnea as secondary to PTSD, particularly when medication side effects or depression led to significant weight gain. The VA recognizes a "chain of causation"—you may claim sleep apnea secondary to weight gain, which is itself secondary to service-connected PTSD or its treatment. Success requires:

• Documenting the PTSD or its medication reasonably caused the weight gain.

• Showing the weight gain contributed to the development of sleep apnea, often through a medical nexus opinion.

• Expecting some pushback from the VA, as this argument is often misunderstood or misapplied during adjudication.

Question 6: I was denied for sleep apnea because the VA said there's no in service event, but I was snoring like a bear in the barracks and always exhausted. How are you supposed to prove something like that years later? 

Proving Long-standing Sleep Apnea Symptoms

If directly linking sleep apnea to service, buddy statements describing loud snoring, gasping, and chronic exhaustion observed during service can bolster the case. While more challenging than the secondary theory above, thorough and credible lay evidence can succeed, particularly if supported by a post-discharge diagnosis.

Question 7: My rating is 90% but I can't hold a steady job because of my back and migraines. Everyone keeps saying to file for TDIU but I don't know how to even start.

TDIU and Filing Strategies

Veterans unable to maintain steady employment due to service-connected conditions may be eligible for Total Disability based on Individual Unemployability (TDIU). Do not wait for the VA to automatically infer eligibility. Proactively submit VA Form 21-8940 to start the process and provide thorough documentation on how your conditions hinder employment.

Question 8: I just got service-connected for depression at 30%. They said it's secondary to my knee injury, which is great, but it can't work and haven't in years. How do I go about getting this re-evaluated for a higher rating or TDIU? 

Similarly, if a low initial rating (e.g., 30% for depression) does not reflect your true level of impairment, or if you are unable to work, consider both appealing for a higher rating and filing for TDIU—both processes can proceed simultaneously.

Question 9: What happens if I die before the VA finishes my appeal? My wife and kids depend on the back pay and I'm worried it'll just vanish if something happens to me.

Preserving Appeals and Survivor Benefits

If a veteran dies while a claim is pending, eligible survivors can pursue a substitution to complete the appeal and receive owed back pay. This is distinct from Dependency and Indemnity Compensation (DIC), which requires separate eligibility linked to service-connected death.

Question 10: My claim was closed without a decision because they said I missed the CP exam and but I never got the notice. Now I'm stuck starting all over again. Is there any way to reopen it without losing my effective date? 

Missed Exams and Effective Dates

Missing a Compensation & Pension exam can result in claim closure, but if due to lack of proper notice or another valid reason, veterans can submit a supplemental appeal explaining the circumstances. As long as you appeal within a year, your effective date is usually preserved.

Mastering these claim fundamentals, assembling strong supporting documentation, and understanding the nuances of VA adjudication will help maximize your benefits and protect the compensation you've earned. If challenges persist or unique issues arise, consider seeking expert legal assistance to navigate the process and secure your rightful support.

Have questions of your own? Schedule a free consultation with our team - https://calendly.com/vetlawoffice