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The VA reviews millions of disability benefits claims each year.
…but Did You Know…
Nearly 36% of claims were denied in fiscal year 2024 alone. That's hundreds of thousands of veterans wrongfully denied compensation they rightly earned—and many of those veterans deserved to win their claim.
The issue goes far deeper than wrongful denials, though.
Errors occur at every stage of the claims review process. Evidence gets ignored. Medical examiners overlook details. Claims processors misconstrue the law. Unfortunately, when veterans attempt to handle their claim alone, those mistakes typically go uncontested.
What's worse is most veterans don't realize they even have the legal right to contest a denial. They receive a rejection letter, assume it's final, and give up on receiving benefits they rightfully earned.
That's a problem—and it's a problem that repeats itself hundreds of thousands of times each year.
The good news is there's a legal process for fighting back against inadequate reviews at every level. Veterans just have to know how it works — and who to work with when the process becomes overwhelming.
That's where veteran benefits assistance programs come into play. Partnering with experts in veteran medical reviews arms veterans with the information and representation they need to hold the system accountable — ethically, legally, and effectively. Knowledge of their rights is the first step.
Here's what you need to know…
Table of Contents
Why Mistakes Are Made
Appealing Based on Legal Ethics
VA Appeals: 3 Options to Consider
Creating a Rock Solid Claim
Next Steps to Take
Why Mistakes Are Made During the VA Review Process
The VA isn't doing this on purpose. Believe it or not, they want to get it right.
But the volume of claims they receive each year means mistakes are inevitable. A recent VA Office of Inspector General report found 75% were improperly processed when reviewing claims for 100% disability between May 2022 and April 2023. That's not people making occasional errors. That's a system that consistently breaks veteran's dreams.
Volume is a huge reason why. Over 3 million disability claims were processed in fiscal year 2025 alone. That volume creates a bottleneck. When there's pressure to rush through reviews, mistakes will be made.
Common reasons reviews are insufficient or incorrect include…
Missing medical records or incomplete information
Failure to properly assess service connected conditions
Skipping required medical examinations (or ordering irrelevant ones)
Underqualified claims processors making judgment calls
Any of these problems can cost a veteran years of benefits they deserve.
Appealing VA Decisions: Understanding the Legal Ethics
Here's where things get real…
Veterans are legally entitled to due process. The VA has a legal obligation to review every claim properly and thoroughly. When they fall short, veterans already have legal tools at their disposal to stand up and fight back.
When it comes to legal ethics, the VA must:
Apply the standard of benefit of the doubt in favor of the veteran when there's an even balance of evidence
Notify veterans what specific evidence is needed to support the claim
Make a reasonable effort to obtain evidence from sources the veteran has identified
Provide a reasoned, written decision for every denial
Those are requirements, not optional suggestions. When the VA fails to meet any of these legal requirements, veterans not only have a right to appeal the decision — they're ethically justified in doing so.
Here's what most veterans don't realize…
Recceiving a denial letter doesn't mean the VA has made their final decision. In fact, a denial is simply the first step in a Congressional appeals process designed specifically to help veterans!
VA Appeals: Your 3 Options to Fight Back
There are three methods of appealing a VA benefits decision. While they each can accomplish the same goal, every option has a unique purpose.
Request for Higher-Level Review
The original decision is reviewed by a senior level VA claims specialist. No new evidence can be introduced at this time. Consider this option if the denial was due to obvious error or misapplication of the review guidelines.
Submit a Supplemental Claim
Previously submitted evidence is reviewed along with new, relevant information. If your medical records were previously incomplete or missing altogether, submitting a supplemental claim may be your strongest option.
Appeal to the Board of Veterans' Appeals
Hear your claim argued before a Veterans Law Judge (VLJ). This is your best option if your claim has been denied despite substantial evidence in your favor, or if your prior appeal attempts were denied due to processing errors.
Keep in mind that each path to appeal is associated with strict deadlines. Missing a deadline will result in losing your ability to appeal that decision forever. If you need to appeal, it's critical to move quickly.
Creating a Rock Solid Case for Your Veteran Claim
Demanding accountability isn't easy. You'll need proof.
In a separate 2025 OIG report, investigators determined roughly 61% of toxic exposure related claim denials issued between May and August of 2023 were likely issued in error. 61% isn't a statistical oversight. 61% is a failure of the system designed to serve veterans.
Building a solid case on your appeal (or initial claim) should include…
Full service records and deployment history
Diagnosis of medical conditions tied to service
Statements from medical professionals / Independent Medical Evaluators (IME)
Your personal account and buddy statements from fellow veterans
Remember: The benefit of the doubt standard is there for a reason. If the weight of evidence supports both the veteran and VA equally, VA claims processors are instructed to decide the claim in favor of the veteran. Too many claims are denied because this standard isn't applied correctly — and too many veterans don't know they can demand it be applied.
Next Steps to Take: Don't Give Up
The first step is understanding that fighting the VA is possible — and you can win!
Veterans who utilized accredited support for their appeals were about 2x more likely to win than veterans who went it alone. That's not barely better. That's twice as likely to receive the benefits you deserve.
Taking action starts with…
Requesting a copy of your original denial letter and thoroughly reviewing it for errors
Figuring out what evidence was missing or misinterpreted during their review
Selecting which path to appeal is right for your specific situation
More than anything, appeal within your given timelines
Veteran benefits assistance isn't giving up. If you were wrongfully denied benefits, working with a veterans advocate is the smartest (and most legal) way to fight back.
Final Thoughts – Fighting for Your Hard-Earned Benefits
Mistakes are made. The VA makes mistakes.
However, just because the system makes mistakes doesn't mean veterans should accept those mistakes. You have every legal and ethical right to demand better — with enough evidence, enough knowledge, and enough support on your side. A denial letter isn't the end of your benefits journey. It's a sign you weren't given a fair shot — and it's time to fight back.
The system CAN be held accountable. But veterans need to know their rights, and exercise them before it's too late.
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