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By Spiro Verras
Attorney

Can a Previously Denied Pain Claim Qualify for VA Disability Benefits?

Veterans living with persistent pain deserve a careful evaluation of the benefits available to them. A significant 2018 decision, Saunders v. Wilkie, clarified that pain can qualify as a disability even when there is no separately diagnosed underlying condition. The decision remains relevant, but it does not mean that every service-related complaint of pain automatically establishes entitlement.

What the Federal Circuit Decided

Army veteran Melba Saunders sought benefits for knee pain. Her claim had been denied under an interpretation that pain without an identified underlying disease or injury could not satisfy the current-disability requirement. On April 3, 2018, the U.S. Court of Appeals for the Federal Circuit rejected that categorical rule and returned the case for further consideration.

The court explained that pain must reach the level of a functional impairment of earning capacity. The other requirements for service connection still apply. A veteran therefore needs more than a statement that pain exists: the evidence must address its functional effects and the required connection to qualifying service.

What Evidence May Help?

Medical records, service records and appropriate lay statements can help describe the history and impact of symptoms. For example, relevant evidence may explain limitations on standing, walking, lifting or performing work activities. The evidence should reflect the person’s actual experience, including the frequency and severity of symptoms and any treatment received.

The necessary proof depends on the claim. Some conditions qualify under statutory or regulatory presumptions, while others require evidence establishing a direct or other recognized connection to service. A qualified representative can identify which legal route and supporting records fit the circumstances.

Who May Qualify?

VA disability compensation is not limited to people who served on active duty alone. Qualifying active duty for training and certain injuries or specified events during inactive duty training can also support a claim. The relevant service category, discharge circumstances, disability and service connection all require review. Physical conditions and mental health conditions can qualify when the applicable requirements are met.

What If VA Previously Denied the Claim?

A past denial should be reviewed rather than assumed to be permanent or automatically reversed by Saunders. The decision date, reasons for denial, procedural history and available evidence determine the next step. Current review options can include a Supplemental Claim, Higher-Level Review or an appeal to the Board of Veterans’ Appeals, depending on the case. Older legacy appeals follow different procedures.

Deadlines can affect both review rights and the effective date of an award. Obtain the decision letter and consult a VA-accredited attorney, claims agent or Veterans Service Organization representative promptly. That person can assess the appropriate procedure and explain what additional evidence, if any, is needed. A court decision can open an important legal avenue, but the individual claim still deserves careful preparation.

Sources: Saunders v. Wilkie, Federal Circuit (2018); VA disability eligibility; VA evidence requirements; VA decision reviews and appeals.

Updated October 26, 2026.

About the Author

For Spiro Verras, good planning begins with understanding the people it is meant to serve. His practice focuses on estate planning, trusts, and probate. A graduate of Yale University and Tulane Law School, he has practiced law since 1993 and founded Verras Law in 2003. He is admitted to practice in Florida, Louisiana, New York, and Texas.