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Filing a VA disability claim takes time, effort, and patience, so it’s incredibly frustrating to receive a rating decision that says something like “service connection for condition X is denied.”
This means the VA acknowledged evidence of a current disability, but did not find a link or connection to your military service.
But here’s the good news, fellow veterans: even if the VA denied service connection, you have multiple options to turn a claim denial into an approval!
In this expert-level post from Brian Reese, you’ll learn how to fight back against the VA, provide the evidence needed, and prove service connection on an “at least as likely as not” basis—even if you’ve already filed, been denied, have given up hope, or don’t know what to do next.
Let’s go!
Table of Contents
Summary of Key Points
- Understanding VA Service Connection: To qualify for VA disability benefits, you must prove that your current disability was caused or aggravated by your military service. This requires establishing a nexus, which is the link between your condition and an in-service event, injury, or illness. Without a clear nexus, the VA cannot grant service connection, often resulting in a denial labeled “Not Service Connected.”
- Action Steps to Prove Your VA Disability Is Service Connected: Veterans denied service connection can strengthen their claims by obtaining a Nexus Letter from a qualified medical provider, writing a Sworn Declaration to provide a detailed and legally certified account of the in-service incident, and securing a Buddy Letter from someone who directly witnessed the event. These steps are essential for providing the evidence needed to establish a nexus and overturn a denial.
- How to Read and Understand Your VA Rating Decision Letter: Reviewing the VA rating decision letter is a critical step after a denial. This document explains the reasons for the decision, including any gaps in evidence or inconsistencies. Paying close attention to the “evidence reviewed” and “reasons for decision” sections can help you understand what went wrong and identify how to improve your case.
- How to Challenge and Appeal a Denied VA Claim: Veterans can challenge a denial by filing an appeal through several options, including a Higher-Level Review for errors, a Supplemental Claim with new evidence, or a Board Appeal for a judge’s review. With determination and persistence, you can address the VA’s concerns and work toward securing the benefits you deserve.
What is Service Connection for VA Disability?
To be eligible for VA disability benefits, you must prove that your current disability was either caused by or aggravated by your military service or by another service connected disability for secondary service connection.
This connection is called a “nexus,” which is the mission critical link that bridges the gap between a current disability and an in-service event, injury, disease, or aggravation.
There are five primary types of VA service connection: direct, presumptive, secondary, aggravation, and 38 U.S.C. 1151—each with its unique eligibility criteria.
What Is a Nexus, and Why Does It Matter?
One of the most common reasons for a VA claim denial with the dreaded “not service connected” label is the lack of a clear nexus, or logical link, between your current disability and your military service.
Without this connection, the VA cannot grant service connection under the law.
If you’ve been out of the military for years (or even decades), proving a “nexus” between a current disability and your service gets more difficult; however, it’s not impossible.
If your VA rating decision states “not service connected,” it means the VA rater didn’t find enough positive evidence to conclude that your condition was caused or aggravated by your military service.
To establish service connection, you need to show that it is “at least as likely as not” that your disability is linked to an in-service disease, injury, or event.
This is a relatively low burden of proof under the Benefit of the Doubt Rule, meaning any doubt should be resolved in favor of the veteran.
What You Can Do to Prove Your Nexus for Service Connection
If your VA claim was denied due to a lack of proof for service connection, don’t ever give up!
Here are three steps you can take to strengthen your case and prove service connection:
#1. Obtain a Nexus Letter
A Nexus Letter is a professional medical opinion written by a qualified provider, explicitly linking your current disability to your military service.
This letter should state that your condition is “at least as likely as not” connected to an in-service event, illness, or injury or another service connected condition for secondary service connection.
- Example of Sleep Apnea Secondary to Rhinitis: Suppose you developed sleep apnea years after service, but it’s not in your military records. A private doctor could review your history of service-connected rhinitis and explain how sleep apnea is medically linked as a secondary condition to rhinitis.
#2. Write a Sworn Declaration
A Sworn Declaration is a legally certified statement made “under penalty of perjury,” affirming the truthfulness of the information provided.
This phrase adds significant legal weight, making it more credible to the VA than a simple personal statement.
It shows the author’s full confidence in the statement’s accuracy and willingness to face legal consequences if it’s false (it has more teeth).
- Example of an Undocumented Injury During Military Service: If you injured your knee during training but didn’t seek treatment at the time, you can describe the incident in detail: where it happened, what caused the injury, and how it has impacted you since. Be as specific as possible, including dates, locations, and symptoms over time. You will then swear under penalty of perjury.
#3. Get a Buddy Letter
A Buddy Letter is a firsthand account from someone who directly witnessed the event that caused or aggravated your condition during military service.
This type of lay evidence is best coming from a fellow service member who was there and saw what happened to you with their own eyes.
- Example of Joint Pain and Arthritis from Repetitive Tasks Due to Military Service: If you’re claiming a shoulder or wrist injury from repetitive motions, like loading heavy equipment, a buddy who worked alongside you can confirm the physical demands of your job and describe how they saw you struggling.
VA Claim Not Service Connected: 4-Step Process to Turn a Denial Into an Approval
If your VA claim was denied due to a lack of service connection, follow this 4-step process to strengthen your case and turn that wrongful denial into a rightful approval:
Step #1: Read Your VA Rating Decision Letter In Detail
The first step after a denial or underrating is to read your VA rating decision letter in detail.
Pay particular attention to the “evidence reviewed” and “reasons for decision” sections.
A VA decision letter is a document prepared by the VA rater that formally explains the VA’s rationale for approving, denying, or deferring your VA disability claim.
Your VA disability rating decision letter includes the VA’s final rating decision and analysis as well as why and how the VA rater and C&P examiner arrived at their opinions and conclusions for your VA claim.
In our opinion, it’s by far the most important document you’ll ever receive from the VA.
Step #2: Determine Your Best VA Appeal Option
The second step is to decide your best course of action to appeal the denied or underrated disability claim.
If you had all the right medical evidence, but still got denied due to an error or you want a second opinion, you should file a VA Higher-Level Review (HLR).
If you didn’t have all the right medical evidence, and want to add new and relevant evidence not previously considered, you should file a Supplemental Claim.
If your Higher-Level Review (HLR), Supplemental Claim, and HLR of your Supplemental Claim are denied, you should consider a records-only Board Appeal.
Step #3: Review the Medical Evidence Submitted With Your Original Claim
The third step before filing an appeal on your denied VA claim, is to review the medical evidence you submitted with your original disability claim.
Match what you submitted with the evidence reviewed in your VA rating decision letter – make sure it’s accurate and consistent.
This is also a good time to ensure you provided the VA with a current diagnosis in a medical record, a nexus for service connection, and evidence of your severity of symptoms and negative impacts to your work, life, and social functioning.
If anything important was missing from your original claim, file a Supplemental Claim with the new and relevant evidence not previously considered.
Step #4: File Your VA Appeal Online
The final step to challenge a denied or underrated VA claim decision is to file your VA Higher Level Review (HLR) or Supplemental Claim online.
Friendly reminder that you can’t submit new and relevant evidence with a Higher-Level Review (HLR), but you can with a Supplemental Claim.
Remember this: the VA claim process is never over unless you quit.
There’s always another option if you’re willing to stay in the fight and punch back!
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About the Author
Brian Reese
Brian Reese is a world-renowned VA disability benefits expert and the #1 bestselling author of VA Claim Secrets and You Deserve It. Motivated by his own frustration with the VA claim process, Brian founded VA Claims Insider to help disabled veterans secure their VA disability compensation faster, regardless of their past struggles with the VA. Since 2013, he has positively impacted the lives of over 10 million military, veterans, and their families.
A former active-duty Air Force officer, Brian has extensive experience leading diverse teams in challenging international environments, including a combat tour in Afghanistan in 2011 supporting Operation ENDURING FREEDOM.
Brian is a Distinguished Graduate of Management from the United States Air Force Academy and earned his MBA from Oklahoma State University’s Spears School of Business, where he was a National Honor Scholar, ranking in the top 1% of his class.