Navigating the VA disability system can be overwhelming – especially with so much specialized terminology. This glossary breaks down the most important VA disability terms in simple language to help veterans, caregivers, and advocates better understand the claims and appeals process. Within each definition, you can click on any related term to view its own explanation and better understand how the concepts are connected. Whether you are just starting a claim or continuing to fight for the benefits you’ve earned, this resource is here to support you!
Agent Orange was a toxic herbicide used by the U.S. military during the Vietnam War to eliminate dense vegetation. Veterans who served in certain locations during specific timeframes may have been exposed to Agent Orange, which has been linked to a variety of serious, long-term health conditions.
The VA presumes that veterans who served in qualifying areas during specific periods were exposed, which can make it easier to qualify for disability compensation for related illnesses.
VA presumes Agent Orange exposure for veterans who served:
In Vietnam between January 9, 1962 – May 7, 1975
In the Korean DMZ between September 1, 1967 – August 31, 1971
On certain ships off the coast of Vietnam (known as Blue Water Navy Veterans)
At specific military bases where Agent Orange was stored, tested, or used (e.g., Thailand, Guam)
Note: These are some common locations, but other situations may qualify. Each case is unique.
Click here to see VA’s full list of service requirements for Agent Orange
The VA maintains a list of presumptive conditions, including but not limited to:
Type 2 diabetes
Ischemic heart disease
Parkinson’s disease
Chronic B-cell leukemia
Various cancers (e.g., prostate, lung, bladder, Hodgkin’s lymphoma)
To file a new claim for a condition linked to Agent Orange exposure:
Submit VA Form 21-526EZ (Application for Disability Compensation and Related Compensation Benefits)
You may also include:
Medical evidence showing a diagnosis of a presumptive condition
Military service records confirming service in a qualifying location and time period
If applying based on a condition not on the presumptive list, additional medical and scientific evidence may be required
If the VA denied your disability claim in the past but now it is a presumptive condition, you may consider:
Filing a Supplemental Claim using VA Form 20-0995, which may include:
Medical records that shows you have an Agent Orange-related health condition
Military records to show how you were exposed to Agent Orange during your service
If applying based on a condition not on the presumptive list, additional medical and scientific evidence may be required
You can file online at VA.gov, by mail, or with help from a VA-accredited representative.
At Greene & Marusak, we help veterans prove exposure and obtain compensation for Agent Orange-related illnesses.
Give us a call at (844) 483-8737
Aid & Attendance (A&A) is a Special Monthly Compensation that provides additional financial assistance to eligible veterans or their surviving spouses who require help with daily living activities due to one or more service-connected disabilities. This benefit is paid in addition to the standard monthly compensation benefits and can be used to help with the costs of home care, assisted living, or nursing home care.
Note: It is an additional amount of money added to VA compensation benefits, not a standalone benefit.
To qualify, the applicant must be already eligible for VA compensation benefits and meet at least one of the following criteria:
Needs assistance with activities of daily living
Examples: bathing, dressing, eating, or toileting
Is “bedridden” — meaning they must stay in bed due to their condition
By Mail:
Fill out VA Form 21-2680 (Examination for Housebound Status or Permanent Need for Regular Aid and Attendance)
Along with the VA Form you can include:
Other evidence that shows the need for A&A (such as a doctor’s report)
Lay evidence from yourself, a family member, or caretaker, that details how the illness, injury, or mental or physical disability affects your ability to perform activities of daily living on your own
In Person:
Bring this information to a VA regional office near you
Many eligible individuals miss out on this benefit simply because they do not know it exists or assume they do not qualify. Applying for A&A can be complex, especially when it involves proving medical need and financial eligibility. A VA-accredited representative can help ensure the application is complete, accurate, and supported by strong medical evidence—significantly increasing the chance of approval.
We have attorneys and representatives here at Greene & Marusak who can help you complete your application.
Give us a call at (844) 483-8737
Check out our YouTube video discussing Special Monthly Compensation based on the need for Aid & Attendance: Veterans Who Need Additional Aid Due To Disabilities: What To Claim
Agent Orange was a toxic herbicide used by the U.S. military during the Vietnam War to eliminate dense vegetation. Veterans who served in certain locations during specific timeframes may have been exposed to Agent Orange, which has been linked to a variety of serious, long-term health conditions.
The VA presumes that veterans who served in qualifying areas during specific periods were exposed, which can make it easier to qualify for disability compensation for related illnesses.
VA presumes Agent Orange exposure for veterans who served:
In Vietnam between January 9, 1962 – May 7, 1975
In the Korean DMZ between September 1, 1967 – August 31, 1971
On certain ships off the coast of Vietnam (known as Blue Water Navy Veterans)
At specific military bases where Agent Orange was stored, tested, or used (e.g., Thailand, Guam)
Note: These are some common locations, but other situations may qualify. Each case is unique.
Click here to see VA’s full list of service requirements for Agent Orange
The VA maintains a list of presumptive conditions, including but not limited to:
Type 2 diabetes
Ischemic heart disease
Parkinson’s disease
Chronic B-cell leukemia
Various cancers (e.g., prostate, lung, bladder, Hodgkin’s lymphoma)
To file a new claim for a condition linked to Agent Orange exposure:
Submit VA Form 21-526EZ (Application for Disability Compensation and Related Compensation Benefits)
You may also include:
Medical evidence showing a diagnosis of a presumptive condition
Military service records confirming service in a qualifying location and time period
If applying based on a condition not on the presumptive list, additional medical and scientific evidence may be required
If the VA denied your disability claim in the past but now it is a presumptive condition, you may consider:
Filing a Supplemental Claim using VA Form 20-0995, which may include:
Medical records that shows you have an Agent Orange-related health condition
Military records to show how you were exposed to Agent Orange during your service
If applying based on a condition not on the presumptive list, additional medical and scientific evidence may be required
You can file online at VA.gov, by mail, or with help from a VA-accredited representative.
At Greene & Marusak, we help veterans prove exposure and obtain compensation for Agent Orange-related illnesses.
Give us a call at (844) 483-8737
The Appeals Modernization Act (AMA) was officially enacted in February 2019, and it has reformed the way veterans can appeal decisions made by the VA. The law was designed to make the appeals process faster, more flexible, and easier to navigate. Under the AMA, veterans can choose from three different review options after receiving an initial VA decision: Higher-Level Review, Supplemental Claim, and Notice of Disagreement to the Appeal to the Board of Veterans’ Appeals (BVA).
A more experienced adjudicator (who was not involved in the original decision) reviews the existing claim
No new evidence can be submitted. The review is based only on the evidence already in the veteran’s file
Must be filed within one year of the VA decision
Often for veterans who believe the VA made a mistake in applying the law or overlooked something in the existing record
The veteran must submit new and relevant evidence that was not previously considered
Submission of new medical records, treatment records, statements, or other documents related to the claim
Can be filed within one year of the decision to preserve the effective date. It can also be filed anytime later than that, but benefits may not be backdated.
Often used for veterans who have new evidence to strengthen their case or want to re-open a previously denied claim
The veteran appeals directly to the Board and selects one of three review lanes
Must submit a Notice of Disagreement (NOD) within one year of the VA decision
BVA Review Options
Option #1 – Direct Review:
The Veterans Law Judge reviews the appeal based only on the evidence that was already in the record at the time of VA’s decision
No new evidence or hearing is allowed
Available for veterans who believe the VA made a legal or factual error and do not need to submit new evidence or testify
Typically the fastest BVA lane
Option #2 – Evidence Submission Lane:
Veterans may submit new evidence within 90 days of submitting the Notice of Disagreement (NOD)
No hearing is held
Available for veterans who have additional evidence to strengthen their case which was not part of the original record, but do not need a hearing
Option #3 – Hearing Lane:
Veterans request a hearing before a Veterans Law Judge and can submit new evidence within 90 days after the hearing
Hearing can be held virtually, by video conference, or in-person
Available for veterans who want to personally explain their case, present testimony, or address complex issues not easily explained on paper
Typically the BVA lane with the longest wait time
Note:
Board appeal decisions may take at least a year, but typically a few years, depending on the review lane selected.
Understanding the AMA is important because the appeal path you choose can affect how quickly your claim is reviewed and what evidence is allowed.
We have attorneys and representatives here at Greene & Marusak who can help you pick the best review option based on your unique situation and goals.
Give us a call at (844) 483-8737
Apportionment refers to a situation where the VA withholds a portion of a veteran’s disability compensation to provide financial support to their dependents, such as a spouse, child, or dependent parent, who are not living with the veteran and may be experiencing financial hardship.
Apportionment may be considered when:
A dependent is not living with the veteran
The dependent demonstrates financial need
The veteran is not providing regular support
The VA finds that dividing the payment would not cause undue hardship on the veteran
Note: Each case is evaluated individually. Not all situations qualify for apportionment.
General Apportionment: Filed by a dependent when the veteran is not supporting them
Special Apportionment: Usually considered when the veteran is incompetent or institutionalized, or in other special situations
To request apportionment:
The dependent must submit VA Form 21-0788 (Information Regarding Apportionment of Beneficiary’s Award)
Include documentation of financial need, living arrangements, and dependency status
The VA will notify the veteran and allow them to respond
A final decision will be made based on financial impact to both parties
At Greene & Marusak, we help veterans and their families navigate apportionment requests—whether you’re a veteran trying to protect your benefits or a dependent seeking support. Contact our VA-accredited team for assistance.
Give us a call at (844) 483-8737
The Benefits Delivery at Discharge (BDD) Program allows service members to file a VA disability claim before leaving active duty so they can receive VA benefits more quickly after separation. The program allows service members to apply for VA disability compensation benefits between 180 to 90 days prior to separation. This timeframe allows VA to review Service Treatment Records (STRs), schedule necessary exams, and evaluate the claim before separation.
BDD is designed to reduce the gap between military service and the start of VA compensation, helping veterans transition more smoothly into civilian life.
To be eligible for BDD, service members must:
Know their separation date
File their claim between 180 and 90 days prior to separation
Provide a copy of their STRs for the current period of service
Provide a completed Separation Health Assessment – Part A Self-Assessment
Be available for 45 days from the date the claim is submitted to attend VA exams
In addition to service members who do not meet the requirements above, the following issues and conditions are excluded from BDD claims. Service members who are:
Seriously ill or injured;
Lost a body part;
Are terminally ill;
Claims requiring a C&P exam in a foreign country, except those that can be processed through Landstuhl, Germany or Camp Humphreys, Korea;
Claims for service members awaiting discharge while hospitalized in a VA or military treatment facility; or
Claims that require a character of discharge determination.
At Greene & Marusak, our VA-accredited representatives can help you understand the BDD program.
Give us a call at (844) 483-8737
Check out our YouTube video where two of our own U.S. Army veterans break down the BDD Program: VA Benefits Delivery at Discharge (BDD) Program explained by U.S. Veterans
Blue Water Navy Veterans are U.S. Navy veterans who served off the coast of Vietnam during the Vietnam War and may have been exposed to herbicides, such as Agent Orange, onboard ships. These veterans were historically excluded from Agent Orange-related benefits, but the Blue Water Navy Vietnam Veterans Act of 2019 extended presumptive exposure status to them.
The Act extends the presumption of herbicide exposure to veterans who served in the offshore waters of Vietnam. Offshore waters generally includes veterans who served on ships operating not more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia.
You may qualify if you:
Served on a U.S. Navy or Coast Guard vessel within 12 nautical miles of the coast of Vietnam between January 9, 1962, and May 7, 1975
Did not set foot on land, but operated in territorial waters
Later developed a medical condition linked to Agent Orange exposure
Note: Each case is unique, and ship records or deck logs may be required to confirm eligibility.
Veterans must have one of the conditions listed in 38 CFR 3.309(e), which are associated with Agent Orange exposure. Examples include, but are not limited to:
AL amyloidosis
Chloracne
Chronic B-cell leukemias
Type 2 Diabetes Mellitus
Hodgkin’s disease
Ischemic heart disease
Multiple myeloma
Non-Hodgkin’s lymphoma
Parkinson’s disease
At Greene & Marusak, we help veterans prove exposure and obtain compensation for Agent Orange-related illnesses.
Give us a call at (844) 483-8737
The Board of Veterans’ Appeals (BVA) is part of the U.S. Department of Veterans Affairs and handles appeals from veterans who disagree with decisions made by VA regional offices. It is made up of Veteran Law Judges (VLJs) who are authorized to issue decisions on behalf of the Secretary of Veterans Affairs.
The BVA reviews appeals related to a wide range of VA benefits. After a veteran disagrees with a decision from a regional office and submits the required forms, the appeal is transferred to the Board. The BVA can grant benefits, deny benefits, or remand (send back to the regional offices) the decision for further development. It is the final level of appeal within the VA system before a case can be taken to the Court of Appeals for Veterans Claims (CAVC).
The veteran appeals directly to the Board and selects one of three review lanes
Must submit a Notice of Disagreement (NOD) within one year of the VA decision
BVA Review Options
Option #1 – Direct Review:
The Veterans Law Judge reviews the appeal based only on the evidence that was already in the record at the time of VA’s decision
No new evidence or hearing is allowed
Available for veterans who believe the VA made a legal or factual error and do not need to submit new evidence or testify
Typically the fastest BVA lane
Option #2 – Evidence Submission Lane:
Veterans may submit new evidence within 90 days of submitting the Notice of Disagreement (NOD)
No hearing is held
Available for veterans who have additional evidence to strengthen their case which was not part of the original record, but do not need a hearing
Option #3 – Hearing Lane:
Veterans request a hearing before a Veterans Law Judge and can submit new evidence within 90 days after the hearing
Hearing can be held virtually, by video conference, or in-person
Available for veterans who want to personally explain their case, present testimony, or address complex issues not easily explained on paper
Typically the BVA lane with the longest wait time
Note:
Board appeal decisions may take at least a year, but typically a few years, depending on the review lane selected.
The Board’s decision on an appeal can become final if the veteran does not appeal within a specific timeframe. Veterans have 120 days to file an appeal to the next higher court, the U.S. Court of Appeals for Veterans Claims (CAVC).
Under the Appeals Modernization Act (AMA) system, there is also the option of filing a supplemental claim within one year of an unfavorable Board decision, as long as the veteran submits new and relevant evidence.
The BVA appeal process involves complex rules, deadlines, and evidence requirements. A VA-accredited attorney or representative can help insure the appeal is properly developed, deadlines are met, and strong arguments are made on the veteran’s behalf.
Veterans are not required to have representation, but having an experienced advocate increases the likelihood of a favorable outcome and helps prevent delays or errors.
We have attorneys and representatives here at Greene & Marusak who may be able to represent you before the Board and help you fight for the benefits you deserve.
Give us a call at (844) 483-8737
Check out our YouTube video where our firm’s partners break down each BVA lane: Which Lane Should Veterans Choose When Appealing to the Board of Veterans’ Appeals?
A buddy statement is a written account from someone, typically a fellow service member, who can provide firsthand knowledge of a veteran’s in-service incident, injury, or symptoms. These statements are often used to support VA disability claims when official documentation is lacking or when additional context is needed.
Buddy statements can:
Confirm that a service-related event or injury occurred
Describe combat experiences, accidents, or exposures not recorded in service records
Support claims for conditions like PTSD, hearing loss, or musculoskeletal injuries
Help establish continuity of symptoms over time
Note: Every case is unique. Statements are most effective when detailed and specific to the veteran’s experience.
While anyone with personal knowledge may submit one, the strongest buddy statements typically come from:
Unit members or fellow service members who served at the same time and place
Supervisors or colleagues who witnessed the incident or condition firsthand
Use VA Form 21-10210 (Lay/Witness Statement)
Clearly explain what was witnessed, how the person knows the veteran, and why their input is credible
Be as detailed and specific as possible
Submit with your claim or appeal via VA.gov, mail, or with help from a VA-accredited representative
At Greene & Marusak, we help veterans identify the right individuals to write buddy statements, and we ensure those statements are clear, persuasive, and effective in supporting your case. We can also help prepare the correct VA forms and evidence package for submission.
Give us a call at (844) 483-8737
A C-File, short for Claims File, is the official record the VA keeps for each veteran who has filed a claim for disability compensation or other benefits. It includes all documents, forms, medical records, service records, correspondence, decisions, and evidence the VA uses to evaluate and decide a veteran’s claim.
A C-File typically includes:
Application for benefits
DD-214 (Report of Separation from Service)
Medical records (both service treatment records and VA medical records)
Rating decisions
VA denial letters
Appeals documents
Note: Each veteran’s C-File is unique and may contain more or fewer documents depending on their claim history.
It is the foundation of your VA disability case
Allows your attorney or representative to find errors, missing evidence, or overlooked conditions
Essential for preparing appeals, supplemental claims, or clear and unmistakable error (CUE) requests
May be necessary to challenge past decisions or determine the correct effective date
Online: Submit a request through the Privacy Act using VA Form 20-10206
In Person: You can request a copy of your C-File in person at your local VA Regional Office
With Assistance: You can request it with the help of a VA-accredited representative or attorney
At Greene & Marusak, we assist veterans in requesting their complete C-File from the VA and thoroughly reviewing its contents for errors, omissions, or overlooked evidence. Whether you are preparing to file a new claim or appeal a past decision, having your full C-File is a critical first step—and we are here to help you every step of the way.
Give us a call at (844) 483-8737
A Clear and Unmistakable Error (CUE) in a VA decision is a very specific and rare type of mistake that can lead to a revision of a final, unappealable decision. To qualify as a CUE, the error must be so obvious that reasonable minds cannot disagree on its existence, and it must have been outcome-determinative, meaning the decision would have been different if the error had not occurred.
A C-File typically includes:
Application for benefits
DD-214 (Report of Separation from Service)
Medical records (both service treatment records and VA medical records)
Rating decisions
VA denial letters
Appeals documents
Note: Each veteran’s C-File is unique and may contain more or fewer documents depending on their claim history.
A factual error where the VA ignored or misinterpreted crucial evidence
A misapplication of law or regulation that was clearly incorrect at the time of the decision
A decision that was made without considering all relevant evidence
Note: These are just a few examples. Not all mistakes qualify as CUE. Each case is unique and must meet strict legal criteria.
A disagreement with the VA’s evaluation of evidence
A new diagnosis or changed medical opinion
The VA’s failure to assist the veteran in obtaining evidence or scheduling examinations
Note: Simple disagreements with how the VA weighed evidence do not qualify. CUEs are rare and must meet strict legal standards.
A CUE motion can be filed at any time—unlike appeals there is no deadline
You must specify the exact decision and specific error being challenged
File the motion in writing to the VA Regional Office or Board of Veterans’ Appeals (BVA), depending on which jurisdiction is more appropriate.
If successful, a CUE claim can result in retroactive benefits back to the original effective date of the claim
You can file on your own or with the help of a VA-accredited attorney or representative
CUE claims are complex and difficult to prove. Veterans should seek legal counsel from an attorney specializing in VA disability claims to help determine if a CUE exists and to assist with the claim.
At Greene & Marusak, we can help you review old decisions and determine whether the VA made a clear, outcome-altering error, and guide you through the filing process.
Give us a call at (844) 483-8737
A combined rating is the total disability percentage the VA assigns when a veteran has more than one service-connected condition. Rather than simply adding individual ratings together, the VA uses a special formula that considers how each condition affects the veteran’s overall health and ability to function.
For example, if a veteran has two separate ratings—one at 50% and another at 30%—the combined rating is not 80%. Instead, the VA calculates it based on the idea that the second condition only affects the remaining “non-disabled” portion of the veteran’s body. This often results in a lower total than a simple sum.
The VA uses a method called the “whole person theory” to determine your combined disability rating. They do this to make sure that your total VA disability rating doesn’t add up to more than 100%. That’s because a person can’t be more than 100% able-bodied.
Calculating your combined disability rating involves more than adding up your individual ratings. That’s why your combined rating may be different from the sum of your individual ratings.
Simplified Steps:
The VA takes the highest individual rating first
Then it applies the next highest rating to the remaining percentage of the body considered “unimpaired”
This process repeats for any additional conditions
The final result is rounded to the nearest 10%.
Click here to see how VA determines combined disability ratings
Say you have two service-connected ratings:
One at 50%
One at 30%
Here is how the VA combines them:
Start with the highest rating first—50%. That means the veteran is considered 50% disabled, and 50% remains “unimpaired”
Apply the 30% to the remaining 50% (not the whole person)
→ 30% of 50% = 15%
Add that 15% to the original 50%:
→ 50% + 15% = 65%
The VA rounds 65% to the nearest 10%, so the combined rating is 70%
If you had a third condition, say 10%, the VA would apply 10% to the remaining 30%, and so on
Click here to watch our YouTube video breaking down combined rating calculations
Your combined rating:
Determines your monthly compensation amount
Impacts eligibility for additional benefits like TDIU or Special Monthly Compensation (SMC)
May influence state-level veteran benefits based on rating thresholds
At Greene & Marusak, our team can break down your VA decision letter and make sure your combined rating is calculated accurately. If something seems off, we can help you appeal and get you the correct compensation.
Give us a call at (844) 483-8737
A Compensation & Pension Examination (also known as a VA Exam) is a medical evaluation performed by the VA or a contracted provider to assess a veteran’s service-connected disability claim. It is a very significant part of the VA disability claim process as it helps determine whether a condition is connected to service and/or how severe it is.
The C&P Exam is used solely to gather evidence for the VA to decide a veteran’s claim. Depending on the condition being reviewed, the exam may involve a physical examination, a mental health evaluation, or both. The examiner may ask questions about military service, symptoms, medical history, daily functioning, and work limitations.
Not every claim will require a C&P exam, but if one is scheduled, it is critical to attend. Missing an exam without a good reason can result in a denial of the claim. After the exam, the examiner writes a report (called a Disability Benefits Questionnaire, or DBQ), which becomes a part of a veteran’s record and is used in making the claim decision.
The results of a C&P exam can heavily influence the outcome of a veteran’s claim—whether it is approved, denied, or what rating percentage is assigned. If the examiner gives an unfavorable opinion or overlooks key symptoms, it can hurt the case. That is why it is often helpful to prepare beforehand or consider working with a VA-accredited representative who can help understand what to expect, respond to unfavorable exams, or submit rebuttal evidence if needed.
We have attorneys and representatives here at Greene & Marusak who can help you prepare for your C&P examination.
Give us a call at (844) 483-8737
Attend the examination and be on time
Be honest about your symptoms
Do not lie or exaggerate to try and get a higher rating, the examiner will see right through it
Do not downplay your symptoms
If your symptoms are not as severe on the exam day, describe how you feel on your worst days
Keep and bring a record of symptoms: frequency, severity, examples where they affected your life
Bring support: a close relative, significant other, or trusted friend
Check out our YouTube video where we give some tips for your C&P Exam: What Veterans need to know about VA Compensation & Pension Examinations
Cost-of-Living Adjustment, or COLA, is an annual increase to VA disability compensation and other federal benefits that helps protect the purchasing power of veterans and their families against inflation. The adjustment is tied to the Consumer Price Index (CPI), which measures changes in the cost of goods and services.
The Social Security Administration (SSA) calculates the COLA each year, and the VA is required by law to apply the same percentage increase to veterans’ disability compensation and other related benefits. The COLA is based on the percentage increase in the CPI-W, which measures changes in the prices of goods and services. The SSA uses the previous year’s third-quarter data to set the COLA rates for the following year.
COLA is typically applied every January to VA disability compensation, Social Security benefits, and military retirement pay.
The percentage increase is announced by the Social Security Administration, and Congress must pass legislation for the VA to adopt the change.
The adjustment affects monthly compensation rates, including Special Monthly Compensation (SMC) and Dependents’ benefits.
Example: The COLA for 2025 is 2.5%. A veteran receiving $1,000 per month in compensation would begin receiving $1,025.
Note: The amount and timing of COLA changes vary by year. Not all benefits are affected equally.
At Greene & Marusak, we help veterans understand how annual adjustments like COLA impact their monthly benefits. If you believe your payment is incorrect or didn’t reflect a recent increase, our VA-accredited team is here to help.
Give us a call at (844) 483-8737
The United States Court of Appeals for Veterans Claims (CAVC) was established by Congress in 1988 and is located in Washington D.C. It is an independent federal court, separate from the VA, that reviews final decisions made by the Board of Veterans’ Appeals (BVA).
The CAVC reviews decisions made by the BVA to determine whether any legal or procedural errors occurred. Veterans, dependents, or survivors can appeal to the CAVC if they believe the Board made the wrong decision, didn’t consider important evidence, or didn’t follow the law correctly. The CAVC does not review new evidence – it focuses solely on whether the VA followed the law and applied it correctly.
Possible Outcomes:
(1) Joint-Motion for Remand/Partial Remand (“JMR”/ “JMPR”)
The parties agree Board committed legal error
(2) Memorandum Decision (Mem Dec.)
Attorney for the Secretary defends Board did NOT commit legal error
(3) RARE third option: The Court reverses the Board’s decision
Notice of Appeal: A Notice of Appeal (NOA) must be filed within 120 days of the initial Board decision. Our VA-Accredited Representatives here at Greene & Marusak can help you fill out and file your NOA.
Notice of Docketing: Once the CAVC receives the NOA, it issues a Notice of Docketing. This document confirms that the appeal has been accepted and assigned a case number. It also outlines important deadlines and the next steps in the appeal process.
Record Before the Agency: The complete file of all materials the VA and BVA considered in making their decision. This includes, medical records, service records, statements, and other evidence. The RBA is used to determine whether the Board made an error based on the available evidence.
Designation of Record: A process where the parts of the RBA are chosen to argue the case. This must be submitted, along with your whole case file within 60 days of docketing. If you do not have a lawyer at this point in the process, we recommend having one to look over your DOR before submitting it. Once small mistake could end up in a loss.
Navigating an appeal to the CAVC can be complex, involving strict deadlines, legal arguments, and interpretation of veterans law. A VA-accredited attorney or representative:
Understands the court’s legal procedures and requirements
Can identify legal errors made by the Board
Increases the chances of a favorable outcome by presenting a strong, informed case
Veterans are not required to have representation, but having an experienced advocate at this stage can make a significant difference in the success of the appeal.
We have attorneys and representatives here at Greene & Marusak who may be able to represent you before the CAVC and help you fight for the benefits you deserve.
Give us a call at (844) 483-8737
A Deferred Decision occurs when the VA delays making a final ruling on part of a veteran’s disability claim. This typically means the VA is waiting on additional evidence such as medical records, service documents, or the results of a Compensation & Pension (C&P) exam, before issuing a final decision.
Deferred decisions do not mean a claim has been denied—they simply indicate that the VA cannot decide on a particular issue yet. When a claim is deferred, it provides an opportunity for the veteran to submit additional evidence to support their claim.
A claim may be deferred when:
The VA has requested more evidence but has not received it
A C&P exam has not been completed or reviewed
The VA needs to verify service connection or gather clarifying information
Multiple conditions are claimed, and only some are ready for a decision
Example:
A veteran might file a claim for PTSD and a back injury. VA might grant the claim for PTSD, but defer the decision on a back injury because they need more medical evidence to determine the back injury’s severity.
Note: These are a few common examples. Each case is different, and deferrals can involve a wide range of factors.
If your claim is deferred:
Carefully read the decision letter to understand which conditions have been deferred and why.
If the letter specifies what evidence is needed, gather and submit it promptly.
If the VA requires a C&P exam, attend the exam and provide complete and accurate information.
If you need help understanding the deferral or gathering evidence, consider consulting with a VA-accredited attorney or claims agent.
The VA may issue a partial decision, granting or denying some conditions, while deferring others.
Once the needed evidence is obtained, the VA will re-evaluate the deferred issue and issue a rating decision.
There is no set timeline, but claimants can submit additional evidence or check status through VA.gov
At Greene & Marusak, we help veterans understand deferred decisions, gather missing evidence, and move their claims forward. If your claim has been delayed or partially decided, contact our VA-accredited team for guidance and next steps.
Give us a call at (844) 483-8737
A dependent is someone who relies on a veteran for financial support. A veteran, or their dependent(s), may be entitled to additional VA benefits through the veteran’s disability compensation or survivor programs. Recognizing eligible dependents can increase monthly payments and open the door to healthcare, education, and other benefits.
The VA generally considers the following individuals eligible:
Spouse – including legally married and some common-law marriages (if recognized by state law)
Child under 18 – biological, adopted, or stepchild
Child 18–23 – if unmarried and attending school full-time
Permanently disabled child – if the disability occurred before age 18
Dependent parent(s) – if the parent(s) demonstrate financial dependence on the veteran
Note: These are common examples. Eligibility depends on specific legal and financial criteria.
Veterans rated 30% or higher can receive additional monthly compensation for qualified dependents
Dependents may be eligible for:
CHAMPVA (healthcare)
Dependents’ Educational Assistance Benefits (education assistance)
Dependency and Indemnity Compensation (survivor benefits, if the veteran passes from a service-connected cause)
Submit VA Form 21-686c (Declaration of Status of Dependents)
Provide necessary documents (e.g., marriage certificate, birth certificate, divorce decree of previous marriage(s), adoption papers)
Update via VA.gov, by mail, or with a VA-accredited representative
Several life changes can impact a dependent’s eligibility or the amount of benefits a veteran receives:
Marriage or divorce (of the veteran or dependent)
Birth or adoption of a child
A child turning 18 or 23, depending on full-time student status
Start or end of full-time school enrollment
Custody changes or legal guardianship updates
Death of a dependent
A child becoming financially independent or getting married
A dependent parent’s income or support level changing
A child with a permanent disability reaching adulthood (eligibility may continue with proper documentation)
Note: These are just a few examples. The VA must be notified of any relevant changes. Failure to report changes may lead to overpayments or reduced benefits.
At Greene & Marusak, we help veterans add, update, or appeal dependent-related decisions to ensure their compensation is accurate and complete. Whether you need help filing a new form or understanding why a dependent was removed, our VA-accredited team is here to assist.
Give us a call at (844) 483-8737
Survivors’ and Dependents’ Educational Assistance (DEA) program, also known as Chapter 35, provides education and training benefits to eligible spouses and children of certain veterans. Eligible dependents may receive a monthly stipend for educational costs, which can be used at approved institutions or training programs. The length and eligibility and the benefit amount vary depending on when the veteran’s rating or death occurred, and the dependent’s age or marital status
To be eligible for DEA benefits, you must be the child or spouse of a veteran or service member who meets certain criteria related to service-connected disabilities or death. Specifically, the veteran or service member must have died, be permanently and totally disabled due to a service-connected disability, be missing in action, or be captured or forcibly detained while in the line of duty.
Tuition and fees: DEA covers tuition, fees, and other educational costs at approved schools and training programs
Monthly payments: Dependents may receive monthly payment to help with living expenses
Educational and career counseling
Benefits can be used for college, technical schools, vocational training, apprenticeships, and on-the-job training
Special restorative training: Certain disabled or surviving spouses may be eligible for special restorative training to address impairments related to their disability
DEA can significantly ease the financial burden of education for surviving or dependent family members. However, eligibility rules and application timing can be complex.
We have attorneys and representatives here at Greene & Marusak who can help you confirm your eligibility for this benefit.
Give us a call at (844) 483-8737
Dependency and Indemnity Compensation (DIC) is a monthly tax-free benefit paid to the surviving spouse, children, or parents of a service member who died in line of duty or a veteran who died as a result of a service-connected condition.
This benefit is meant to provide financial support to dependents after a service-connected death. It is not automatic—you must apply and meet specific eligibility criteria.
According to the VA, you may be eligible for DIC if you meet these requirements
As a surviving spouse:
One of these must be true:
You lived with the veteran or service member without a break until their death.
If you are separated, you were not at fault for the separation.
And one of these must be true:
You married the veteran or service member within 15 years of their discharge from the period of military service during which the qualifying illness or injury started or got worse.
You were married to the veteran or service member for at least 1 year.
You had a child with the veteran or service member.
Note: If you remarried, you can receive or continue to receive compensation if one of these describes you:
You remarried on or after December 16, 2003, and you were 57 years of age or older at the time you remarried.
You remarried on or after January 5, 2021, and you were 55 years of age or older at the time you remarried.
As a surviving child:
All of these must be true
You are not married.
You are not included on the surviving spouse’s compensation.
You are under the age of 18 (or under the age of 23 if attending school).
Note: If you were adopted out of the veteran or service member’s family, but meet all other eligibility criteria, you still qualify for compensation.
As a surviving parent:
Both of these must be true
You are the biological, adoptive, or foster parent of the veteran or service member.
Your income is below a certain amount. (Check your qualification here)
Note: A foster parent is defined as someone who served the role of a parent to the veteran or service member before their last entry into active service.
If you qualify for DIC, you can receive tax-free monetary benefits. The amount you receive depends on the type of survivor you are.
The amount is set by Congress and may change annually based on cost-of-living adjustments
Monthly payments may increase if the survivor has dependent children, is housebound, or requires Aid & Attendance
Check out the VA’s benefit rates
For the surviving spouse of a service member who died while on active duty: your military casualty assistance officer will help you complete an Application for Dependency and Indemnity Compensation by a Surviving Spouse or Child (VA Form 21P-534a). The officer will help you mail the form to the correct VA regional office.
For the surviving spouse or child of a veteran: fill out an application for DIC, Survivors Pension, and/or Accrued Benefits (VA Form 21P-534EZ)
For a surviving parent: fill out an Application for Dependency and Indemnity Compensation by Parent(s) (VA Form 21P-535)
Note: You may also want to submit an intent to file form before applying for DIC benefits. This can give you the time you need to gather evidence to preserve an earlier effective date. When VA is notified of your intent to file, you may be able to get retroactive payments.
DIC is a vital benefit that can help provide stability and recognition for families of those who gave their lives in service or suffered long-term effects of service-connected disabilities. However, eligibility rules and application timing can be complex. A VA-accredited representative can help gather documentation, submit a complete application, and appeal if necessary.
We have attorneys and representatives here at Greene & Marusak who can help you complete your application.
Give us a call at (844) 483-8737
Check out our YouTube video where we discuss eligibility for DIC: Dependency and Indemnity Compensation (DIC): Who is Eligible?
Direct service connection is granted when a veteran’s current disability is clearly linked to an event, injury, or illness that occurred during military service. This is the most common way to establish eligibility for VA disability compensation.
To establish this, a veteran needs to prove three things: a current, diagnosed disability; evidence of an in-service event, injury, or illness; and a medical nexus (link) between the two.
1. Current, Diagnosed Disability:
The veteran must have a current medical diagnosis of a disability.
This disability could be physical or mental.
2. In-Service Event, Injury, or Illness:
There needs to be evidence that the veteran experienced an event, injury, or illness during their military service.
This could be documented in service records, medical records, or through other forms of evidence like buddy statements.
3. Medical Nexus (Link):
A medical nexus is a direct link between the current disability and the in-service event, injury, or illness.
This link is typically established through a medical opinion from a qualified healthcare professional.
The medical professional needs to state that it is “at least as likely as not” that the current disability is related to the in-service event.
A back injury from a fall during basic training
Hearing loss from exposure to loud weapons fire
PTSD after experiencing a traumatic event during combat
Note: These are only a few examples, and there are many different ways a disability can be directly service connected.
If direct service connection is established, the VA assigns a disability rating based on the severity of the condition, which determines the amount of monthly compensation. The stronger the medical evidence and connection to service, the higher the chance of approval.
Working with a VA-accredited attorney or representative can help gather the right evidence, such as medical records and nexus letters, to clearly show how your current disability began during your service.
We have attorneys and representatives here at Greene & Marusak who can help you establish service connection.
Give us a call at (844) 483-8737
A Disability Benefits Questionnaire (DBQ) is a standardized medical form used by the VA—or a private medical provider—to document the severity, symptoms, and impact of a veteran’s service-connected condition. It is designed to provide the VA with consistent and detailed medical evidence that supports disability claims or appeals.
DBQs can streamline the claims process, potentially leading to faster decisions on disability compensation. They also allow veterans to have more control over the medical evidence used in their claim.
DBQs are tailored to specific conditions (e.g., PTSD, back pain, migraines) and follow the VA’s rating criteria to help ensure accurate evaluations.
A healthcare provider completes a DBQ, providing information about the veteran’s condition and its impact on their daily life. This information is then submitted to the VA as part of the disability claim.
VA medical professionals can fill out a DBQ during a Compensation & Pension exam
Veterans can bring a DBQ to their private doctor or specialist to fill out
Private DBQs can be submitted by the veteran as medical evidence in support of:
You can find DBQs on the Veterans Benefits Administration (VBA) website
A well-completed DBQ can strengthen your case, especially when it clearly aligns with the VA’s rating standards. It helps the VA make quicker and more accurate decisions—sometimes even avoiding the need for a C&P exam.
Having a VA-accredited representative review or help obtain a DBQ ensures it addresses the most important criteria and is submitted correctly with your claim.
We have attorneys and representatives here at Greene & Marusak who can help you out with this.
Give us a call at (844) 483-8737
Disability compensation is a monthly, tax-free payment provided by the VA to veterans who have a service-connected disability—meaning an injury, illness, or condition that was caused or aggravated by military service.
This benefit is designed to help offset the loss of earning potential and quality of life that can result from service-related health conditions. Veterans may receive compensation for physical or mental health conditions, and the amount depends on the VA disability rating, which ranges from 0% to 100% in 10 percent increments.
Tax-free monthly payments based on your disability rating (amount dependent on number and severity of combined disabilities)
Additional compensation if you have qualifying spouse, dependent children, or parents
Potential eligibility for added benefits, such as VA health care, Special Monthly Compensation (SMC), and vocational rehabilitation
If you believe your condition is service-related—or if you have been denied or underrated—the team at Greene & Marusak can help you file a new claim, submit an appeal, or seek a rating increase. Our VA-accredited attorneys and representatives are committed to fighting for the compensation you have earned.
Give us a call at (844) 483-8737
A VA Duty to Assist Error occurs when the VA fails to meet its legal obligation to gather the necessary evidence to support a veteran’s disability claim. This means the VA did not make a reasonable effort to help the veteran obtain the evidence needed, such as medical records or claim exams. Essentially, the VA has a responsibility to assist veterans in developing their claims, and a failure to do so can lead to an error in the decision-making process.
If the VA overlooks this duty—such as by not requesting key records or failing to schedule a required C&P exam—it may be considered a Duty to Assist Error, and the decision can be challenged or sent back for correction.
VA’s Duty to Assist means that VA is required to help you gather evidence to support your claim for VA benefits. They will make a reasonable effort to help you get these types of evidence:
VA medical records
Military service records
Other types of federal records
Private medical records, like reports from a non-VA hospital or from your private health care providers
To help the VA decide your claim, they may also ask you to have a claim exam (also called a C&P exam), or they may request a medical opinion.
“Reasonable effort” as defined by the VA:
For VA, military, and other types of federal records, they will continue to make requests until they get the records you need. They will stop trying only if they are reasonably sure the records do not exist.
For private records, they will make at least one follow-up request to try to get your records. If they cannot get the records you need, they will tell you why they are having trouble and if you need to do anything.
Failure to obtain identified records: If a veteran provides information about specific records needed for their claim (e.g., medical records, personnel records), the VA has a duty to make reasonable efforts to obtain them.
Failure to schedule necessary exams: If the evidence suggests the veteran may have a disability and there is a link to service, the VA should schedule a Compensation and Pension (C&P) exam.
Not identifying and addressing potential claims: The VA should also identify any related claims that might be supported by the evidence, even if not explicitly claimed by the veteran.
The VA may find this type of error when they are reviewing the decision you received on a claim because you requested a Higher-Level Review, and sometimes during initial claims.
According to VA:
If found during a Higher-Level Review: the VA will close the review and open a new claim to gather the missing evidence. They will also send a letter to tell you the steps they will take to fix the error. Then they help you get the missing evidence, and decide your case based on this new evidence.
If a Duty to Assist Error is identified, the claim can be set back so the VA can correct the mistake and properly develop the case.
A VA-accredited representative can spot these errors and help ensure your claim is fully and fairly developed before the VA makes a final decision. We have attorneys and representatives here at Greene & Marusak who can help you with this.
Give us a call at (844) 483-8737
An Effective Date is the starting point the VA uses to determine when a veteran’s benefits should begin. It is one of the most important factors in a VA claim because it directly affects the amount of retroactive pay a veteran may receive once their claim is approved.
The effective date for a disability that was caused—or made worse—by military service is whichever of these comes later:
The date the VA receives your claim, or
The date you first got your illness or injury (also known as the date your entitlement arose).
If you file a claim within one year of separation from service, your effective date may be the day after discharge.
If you submit an Intent to File, your effective date can be protected as long as the full claim is filed within 1 year of the form submission.
If a claim is reopened with new and relevant evidence (like a supplemental claim), the effective date is typically the date the new claim is received—not the original denial date.
Appeals for increased ratings or service connection may preserve the original effective date if the appeal is continuous and timely.
The VA considers various factors when determining the effective date, including the nature of the claim, the date the condition arose, and the date the claim was filed.
It is crucial for veterans to understand that the effective date can be different than the date they filed the claim, and it may be possible to argue for an earlier effective date.
The VA’s decision on the effective date can significantly impact the amount of retroactive pay a veteran receives.
The effective date determines how far back the VA will pay you. For example, if your effective date is June 1, 2023, and your claim is approved on June 1, 2025, you may receive two years of back pay. But if a mistake or delay changes the effective date, you could lose a part of your benefits. That is why filing correctly—and on time—is so important.
A VA-accredited representative can help ensure your effective date is protected and, if necessary, fight to restore an earlier one through appeals. We have attorneys and representatives here at Greene & Marusak who can help you out with this.
Give us a call at (844) 483-8737
Check out our YouTube video where our firm’s partners discuss the importance of effective dates: Effective Dates for VA Benefits and their Significance to Disabled Veterans
Substantially gainful employment refers to work that provides income above the federal poverty level for one person. It also involves the ability to perform the job’s duties with a reasonable degree of reliability and stability. Factors like job skills, education, and the physical and mental demands of the job are considered.
In the context of VA disability benefits, it is used to determine whether a veteran is eligible for Total Disability based on Individual Unemployability (TDIU). If a veteran’s service-connected conditions prevent them from maintaining substantially gainful employment, they may qualify for TDIU, even if their VA combined rating is below 100%.
Marginal employment is work that falls below the threshold of substantially gainful employment. It typically includes jobs where the veteran earns less than the poverty level, or works in a sheltered or protected work environment—such as a job with significant accommodations or relaxed performance expectations.
The VA does not consider marginal employment as evidence of employability. Veterans who are only able to perform marginal work may still qualify for TDIU, since their employment does not demonstrate the ability to maintain vocational proficiency.
Any job that does not pay above the annual poverty threshold
Jobs in protected work environments (e.g., working for a family member, or being accommodated beyond what is typical)
Sheltered employment, where the veteran is not held to normal standards of performance or attendance
Note: These examples are not exhaustive. Marginal employment can take many forms, and each case is evaluated based on its unique facts and circumstances.
The difference between substantially gainful and marginal employment is critical in TDIU claims. Veterans may appear “employed” on paper, but if that work is marginal, it does not disqualify them from receiving full VA disability compensation.
A VA-accredited representative can help identify and document marginal employment to support a TDIU claim. We have attorneys and representatives here at Greene & Marusak who can help you out with this.
Give us a call at (844) 483-8737
A Higher-Level Review (HLR) is one of the three appeal options under the Appeals Modernization Act (AMA). It allows a veteran to request that a more experienced VA reviewer re-evaluate a decision on their claim without submitting new evidence.
The review is based solely on the evidence already in the VA’s file at the time of the appealed decision. The goal is to catch legal, factual, or procedural errors that may have led to an incorrect outcome.
You believe the VA made a mistake in evaluating your evidence
You think the law or rating schedule was misapplied
You do not have new evidence yet, or you do not need it, and want a second look at your claims by a senior reviewer
You must request an HLR within 1 year of the VA’s decision
You cannot submit new evidence with an HLR
The review is focused on errors or differences of opinion. The reviewer will determine if an error or a difference in opinion changes the initial decision
Typically a faster appeal option than the Board of Veterans’ Appeals (BVA) option
You can request an optional informal conference—a phone call where you (or your representative) explain the errors you believe were made
HLRs are not available for decisions made by previous HLRs or Board appeals
Higher-Level Review can result in a quicker decision than other appeal lanes and may correct clear errors without starting the process over. However, because no new evidence is allowed, it is important to ensure the existing record already supports your case.
A VA-accredited representative can help you determine if HLR is the best option and advocate on your behalf during the informal conference, increasing your chances of a successful outcome. We have attorneys and representatives here at Greene & Marusak who can help you out with this.
Give us a call at (844) 483-8737
Check out our YouTube video where we breakdown the Higher-Level Review option: VA Claim Denial: Is the Higher-Level Review Option Right For You?
An Increased Rating Claim is a request submitted to the VA by a veteran who believes their service-connected condition has worsened and/or should be assigned a higher disability rating. A higher rating can lead to increased monthly compensation and possibly make the veteran eligible for additional VA benefits.
Veterans can file an increased rating claim at any time if their symptoms have become more severe, more frequent, or have led to new complications that impact their ability to function or work.
You may want to file if:
Your condition has worsened since your last VA decision
Your symptoms now meet the criteria for a higher rating under the VA’s rating schedule
You’ve developed secondary conditions related to the original disability
You believe the VA underrated your condition
Note: This is not an exhaustive list. Every case is unique, and legal advice can help clarify your options.
If you want to appeal for an increased rating, and you are within the one year window from the date you received your rating decision, you have three appeal options under the Appeals Modernization Act (AMA).
Note: Click on an appeal option to get an explanation of each and what steps to take.
If you are outside of the one year window to file for an appeal, you can consider filing a new claim for an increased rating.
You can submit any NEW documentation or evidence that supports your service-connected disability as worsened.
VA will treat this like any new claim and may require a new Compensation & Pension exam.
If you have never filed an increased rating claim on a particular issue, use VA Form 21-526EZ to file online or in person at a VA regional office.
If you have previously filed an increased rating claim on an issue and been denied, file a Supplemental Claim (VA Form 20-0995) with new and relevant evidence.
At Greene & Marusak, we know how to gather the medical evidence, lay statements, and legal arguments needed to support a claim for a higher rating. If you are struggling with worsening symptoms, reach out to our team.
Give us a call at (844) 483-8737
An Initial Claim is the first formal request a veteran files with the VA to receive disability compensation, pension, or other VA benefits. This claim begins the process of determining whether a veteran’s condition is connected to their military service and what level of compensation they are entitled to receive.
Initial claims can be filed for:
Service-connected disabilities (physical or mental)
Non-service-connected pensions (for low-income wartime veterans)
VA healthcare enrollment
Special monthly compensation, housing grants, or other benefits
You can support your VA disability claim by providing these documents:
VA medical records and hospital records
These could relate to your claimed illness or injuries or they could show that your rated disability has gotten worse.
Private medical records and hospital reports
These could relate to your claimed illness or injuries or they could show that your rated disability has gotten worse.
Supporting statements
These could be from family members, friends, clergy members, law enforcement personnel, or people you served with. These statements could tell the VA more about your claimed condition, how and when it happened, or how it got worse.
Note: You are not required to submit evidence, but it is highly recommended. The VA may still need to schedule a Compensation & Pension exam to learn more about your condition.
If filed within 1 year of separation from service, the effective date may be backdated to the day after discharge.
If you submit an Intent to File, you must file the full claim within 1 year to preserve that earlier effective date.
Submit Online:
Fill out VA Form 21-526EZ online at VA.gov
By Mail or In Person:
Fill out VA Form 21-526EZ and mail it to the VA intake center or bring it to a VA regional office near you
Filing your Initial Claim correctly is critical. Errors, missing evidence, or incomplete forms can lead to delays or denials. A strong first submission sets the foundation for future decisions and potential appeals. That is why working with a VA-accredited representative can help ensure your claim is complete, well-supported, and filed on time.
We have attorneys and representatives here at Greene & Marusak who can help you out with this.
Give us a call at (844) 483-8737
An Intent to File is a formal notice submitted to the VA that lets them know that you plan to apply for benefits without having to complete the full application right away. It is a simple but important step that can secure an earlier effective date for your benefits, which means you could receive retroactive payments if your claim is approved. Retroactive payments are for the time between the VA processed your intent to file and when the claim is approved.
Once the Intent to File is submitted, you have up to one year to complete and submit the full application for:
Disability compensation
Pension benefits
The VA will consider the date you submitted your Intent to File as the effective date for benefits, as long as your full claim for benefits is received within that one year window.
You must file a full claim for benefits within one year of the VA receiving your Intent to File.
If you do not submit the full claim within that year, you will lose the protected effective date.
A new Intent to File must be submitted if the one year window is passed.
Submit Online:
Fill out VA Form 21-0966 online at VA.gov
By Phone:
Call 1-800-827-1000 (TTY: 771) to notify VA of your Intent to File
By Mail or In Person:
Submit VA Form 21-0966 and mail it to the VA intake center or bring it to a VA regional office near you
Filing an Intent to File gives you time to gather evidence, consult a VA-accredited representative, or prepare your claim thoroughly—without losing out on potential back pay. It is a smart first step, especially if you are unsure whether your application is complete or still gathering documentation.
We have attorneys and representatives here at Greene & Marusak who can help you complete your application.
Give us a call at (844) 483-8737
Lay evidence refers to non-expert, firsthand observations or statements from the veteran or others who can describe a disability, event, or symptoms relevant to a VA claim. This type of evidence does not require medical training and can be submitted by the veteran, family members, friends, caregivers, or fellow service members.
Lay statements can:
Support claims where medical records are incomplete or missing
Help show the onset, continuity, and impact of a condition over time
Often be used to describe pain levels, daily limitations, mental health symptoms, or observable events like an in-service injury
Note: Lay evidence cannot diagnose a condition, but it can credibly support the presence, frequency, and severity of symptoms.
A veteran describing how their back pain affects their ability to work
A spouse explaining changes in the veteran’s mood or behavior over time
A fellow service member recalling a combat-related incident or injury
A friend observing how a condition impacts the veteran’s day-to-day activities
Note: These are just a few examples. Every case is different, and lay evidence should be detailed and truthful.
Use VA Form 21-10210 (Lay/Witness Statement)
Clearly explain what was witnessed, how the person knows the veteran, and why their input is credible
Be as detailed and specific as possible
Include as part of an initial claim, appeal, or supplemental claim
Submit with your claim or appeal via VA.gov, mail, or with help from a VA-accredited representative
At Greene & Marusak, we help veterans and their families make sure they have strong lay statements that clearly support claims. Whether you are filing for the first time or appealing a denial, we ensure your story is properly documented and heard by the VA.
Give us a call at (844) 483-8737
