VA disability evidence can support your claim for compensation for a service-connected condition. The type of evidence required by the VA is based on the type of claim a veteran files. Evidence ranges from statements from fellow service members, former supervisors, coworkers, friends and family to diagnosis and treatment records from private doctors or medical facilities.
The VA has a duty to assist veterans in gathering the evidence required to obtain disability benefits.
Filing a claim for an injury or disease is the beginning of the process of receiving VA disability benefits. If a claim is denied, veterans may have a right to appeal. Some appeals options allow the veteran to file new and relevant evidence while others do not.
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In this article about evidence for VA disability claims
How evidence supports a VA claim
Veterans seeking VA disability benefits, must submit the proper claim form and, when necessary, any relevant evidence.
Claims for direct service connection require evidence of a diagnosed condition, how it is related to military service (called a medical nexus), and its effect on your ability to function. Veterans with conditions that they believe are caused by a service-connected condition must provide medical evidence that the two are connected.
The VA then reviews the evidence to determine if the former service member qualifies for benefits.
Simply put: veterans can’t just say their disability stems from their service. They must show it stems from their service by providing various sources to back up their claims.
Submitting thorough, sufficient evidence to support your claim may help prevent a denial or a deferral.
VA disability evidence for presumptive conditions
The rules are a little different for veterans with presumptive conditions. These are sets of health conditions that affect veterans who served under specific circumstances such as veterans who were exposed to Agent Orange in Vietnam or burn pits in Southwest Asia. Those veterans only have to prove when and where they served as well as have a diagnosis for one of the presumptive conditions.
VA burden of proof
Unlike civil or criminal law, veterans have a lower burden of proof when making the case for service-connected disability benefits. In criminal cases, the standard of proof is “beyond a reasonable doubt.” In civil cases, the standard is “a preponderance of the evidence.”
The VA standard is “at least as likely as not.” That requirement means if evidence both for or against the veteran is about equal then the VA must find in favor of the veteran.
Types of VA disability evidence
Compiling evidence and medical records can become a job of its own in the claims process. However, the VA has a duty to assist veterans in obtaining evidence to support their claims.
To file a claim, veterans must submit or give the VA permission to gather their DD214 or other separation documents, service treatment records, and medical evidence.
The most common evidence types include:
- Service records
- Medical records documenting the disability
- Lay and buddy statements
- Doctor statements, such as a nexus letter where a medical professional connects a disability to time in service
- Employment records
- Results of veterans’ C&P exams
Less common types of evidence include photographs, journals or letters, and other primary sources.
Veterans will submit their documents, including evidence, to the Evidence Intake Center, which is the VA facility in charge of receiving and distributing documents related to disability claims.
VA rules of evidence
The type of evidence required depends on the claim being filed. Generally, claims for initial service connection require more evidence than other claims types.
The following table contains examples of the types of evidence but is not an exhaustive list.
| Type of Claim | Evidence |
|---|---|
| Original claim for disability benefits OR New claim for added disability benefits | Evidence of a current physical or mental disability from a medical professional or layperson (someone who’s not a trained professional) An event, injury, or disease that happened during active-duty service A link (called a nexus) between a current disability and the event, injury, or disease that happened during service. Usually the VA needs medical records or medical opinions from health care providers to support this link. |
| Increased claim for service-connected disabilities | Statements from a medical professional or layperson showing that a disability has gotten worse. Personal statement about the worsening of a condition. |
| Secondary service-connected claim | A diagnosis of a physical or mental condition from a medical professional A medical statement that links the condition with an existing service-connected condition |
| Claim for a presumptive condition | A diagnosis of a condition |
Appealing with new and relevant evidence
Veterans should be prepared to appeal if they don’t like the VA’s decision. The appeals process is complicated, and veterans should consider seeking assistance from an experienced legal professional. Working through this without help from someone who knows VA law runs the risk of losing out on your benefits.
One appeals option is to file a supplemental claim, in which veterans can submit new and relevant evidence to prove eligibility for disability benefits.
“It’s important to understand the purpose of new and relevant evidence, because VA denials are so common,” VA disability lawyer Cecilia Ton said. The VA defines new evidence as information it didn’t have when making the decision. Relevant evidence is information that can either prove or disprove information in a claim.
Let’s say you applied for service connection for a left leg disability and you were denied. After the decision came out, you began getting treatment for your leg and you were diagnosed with a form of arthritis. If the reason the VA denied your claim in the first place was because you didn’t have a diagnosed disability, then submitting this evidence of your arthritis diagnosis, along with a supplemental claim form, will require the VA to reconsider its previous denial.
Benefits of contacting Woods and Woods
Many veterans and their families lose out on VA benefits because they made simple errors in their application, missed a deadline, or didn’t know what evidence to submit. If you need help with your application or want to appeal a VA decision, reach out to us for a conversation.
Our VA-accredited disability lawyers are dedicated to helping veterans fight for the compensation they earned while serving our country. If you need help, we are here. We’ll file your claim for free, and you won’t pay us unless the VA pays you the benefits you deserve.
Talk to Us About Your Claim:
(812) 426-7200
FREQUENTLY ASKED QUESTIONS
For veterans to receive VA disability benefits, they must submit the proper claim form along with any evidence to prove a disability is connected to their service.
One appeals option is to file a supplemental claim, in which veterans can submit new and relevant evidence to prove eligibility for disability benefits–but they can’t use the same evidence previously considered by the VA at the time of the decision being appealed. The VA defines new evidence as information it didn’t have when making its last decision. Relevant evidence is information that can either prove or disprove information in a claim.
“I honestly believe that:
1) Dealing with that VA requires an expertise that many of us do not possess.
2) Woods & Woods made the difference.
Their savvy expertise in dealing with the VA and their commitment to their clients exemplifies a level of professionalism and commitment that seems not to be the standard in today’s world.
K.W.
Neil Woods
VA disability attorney
Woods & Woods
Neil Woods is the firm’s owner and president. He received his law degree from Western Michigan University.
