The 10 Biggest VA Rating Errors (Part 2 of 2)

In part 1 of this article, we covered five of the most common mistakes the VA makes when rating disability claims. From denying claims for missed C&P exams to ignoring embedded nexus statements, we reviewed how the VA frequently makes errors in the initial rating. These errors show up again and again in decision letters, costing veterans time, money, and benefits.

Now we’ll look at the other five. These errors are just as damaging, and for pilots, they add real risk to FAA medical certification.

6. Misapplying the PACT Act

The 2022 PACT Act expanded presumptions for veterans exposed to burn pits and airborne hazards, including sinusitis, rhinitis, and asthma. If you served in Southwest Asia or other designated locations, these conditions should be presumed service-connected.

Yet VA raters still deny these claims, writing that “no nexus is established” even after conceding toxic exposure. That’s directly contrary to the law.

The presumption means you don’t need to prove nexus.
If you have the diagnosis, exposure is already conceded, and the condition is on the presumptive list, service connection must be granted.

For pilots, this matters because sinusitis and rhinitis often appear in service records. When raters deny them, they ignore a law designed to simplify claims.

Read the PACT Act summary here.

7. Setting the Wrong Effective Date

Effective dates determine back pay. VA law says that if you file within one year of separation, your effective date is the day after discharge. If you submit an Intent to File (ITF), your effective date goes back to the ITF date if followed by a complete claim.

Under 38 C.F.R. § 3.400, these rules are clear. But raters often assign later dates, cutting veterans out of months or years of benefits.

We see this most often with:

Ignoring ITFs
Misapplying the one-year post-discharge rule
Forgetting to use law-change dates (such as for PACT Act presumptives under 38 C.F.R. § 3.114)

For pilots, an earlier effective date also locks in the timeline for FAA disclosures. A wrong date means not only less back pay but also confusion when FAA examiners cross-reference VA letters.

8. Ignoring Residuals

Even if the VA denies a primary condition, raters must consider residuals. Scars, nerve damage, fissures, callosities, and other aftereffects are ratable on their own under the VASRD.

Yet we frequently see raters dismiss residuals outright, as if denying the main condition wipes them off the map. Example: A veteran has gallbladder disease surgically treated. VA denies the gallbladder claim, then ignores ongoing digestive issues and surgical scars even though both are separately ratable.

For pilots, ignoring residuals means two risks:

Lost compensation.
FAA examiners still see the residuals in medical records, even if VA doesn’t rate them.

Residuals matter. They should always be addressed, even when the main condition is denied.

9. Fragmenting Conditions

Instead of rating a condition as one whole disability, VA raters often split it into multiple denials. For example, a shoulder injury may be divided into:

Strain denied
Instability denied
Arthritis denied

By fragmenting the condition, the rater avoids evaluating the disability as a whole. But the anti-pyramiding rule in 38 C.F.R. § 4.14 exists to prevent double-counting symptoms, not to deny every part separately. The correct approach is to grant service connection and assign one evaluation that reflects the overall disability picture.

For veterans, fragmentation leads to piecemeal denials. For pilots, it creates multiple unnecessary conditions in the record, each of which must later be disclosed to the FAA.

10. Overlooking Flare-Ups

The courts have been crystal clear: VA must consider flare-ups when rating musculoskeletal conditions. In DeLuca v. Brown (1995) and Mitchell v. Shinseki (2011), the Court of Appeals for Veterans Claims held that evaluations must account for additional limitation of motion during painful flare-ups.

Yet raters still assign ratings based only on “good day” exam measurements, ignoring the veteran’s description of flare-ups. That’s a violation of 38 C.F.R. § 4.40 and 38 C.F.R. § 4.45.

For pilots, this is especially important. Many continue flying safely despite intermittent flare-ups. VA must rate based on the worst days, not average days, but raters often fail to apply that standard.

Why These Errors Matter

Each of these errors—misapplied presumptions, wrong effective dates, ignored residuals, fragmented conditions, and overlooked flare-ups—adds unnecessary obstacles for veterans. Together with the errors from Part 1, they paint a clear picture: VA raters often don’t follow their own rules.

For pilots, the consequences multiply. Every denial, every misstep, and every ignored nexus statement doesn’t just hurt VA benefits. It creates FAA medical risks that can ground a career.

The good news? These mistakes can be corrected on appeal. Higher-Level Reviews (HLRs) and Board appeals frequently overturn decisions once the errors are documented. But the system shouldn’t force veterans to fight the same battles again and again.

Our strategy is straightforward:

Prepare claims with complete medical evidence.
Embed clear nexus statements that raters can’t ignore.
Protect FAA medical certificates by avoiding unnecessary C&P exams.
Anticipate VA’s most common mistakes so appeals are faster and more effective.

Higher Level Review

If a Higher-Level Review (HLR) becomes necessary, we help you organize your records and supporting statement so your case is presented in the clearest, most effective way. Our focus is on highlighting the medical evidence already in your file and making sure it’s structured for the reviewer to understand.

For pilots, this support is especially valuable. A well-organized HLR package not only increases the chance of correcting VA errors but also helps keep your FAA medical protected from inaccurate or unnecessary diagnoses.

Together, Part 1 and Part 2 show the ten biggest ways VA raters get it wrong. Knowing these pitfalls is the first step to protecting your benefits, and keeping you flying.