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With VA Denying Over a Third of Disability Claims, Tampa Veterans’ Lawyer David W. Magann Warns Florida Veterans About Mental Health Claim Pitfalls in 2026

David Magann Veterans Lawyer

Tampa, Florida – As 2026 begins, Tampa Veterans’ Disability Attorney David W. Magann is urging Florida veterans to carefully review their mental health-related VA disability claims, especially because recent VA data show that roughly one-third of disability claims are not granted as filed, leaving many veterans without the full benefits they requested. Combined with Florida’s large and aging veteran population, he warned, this reality means many former service members could miss out on benefits they are entitled to if their claims are not carefully documented and fully supported.

Florida remains home to one of the largest veteran populations in the country, including hundreds of thousands of veterans managing PTSD, depression, anxiety, and other mental health conditions. The Florida Department of Veterans’ Affairs Benefits Guide notes that Florida has long emphasized mental health resources due to the high number of combat-era veterans living in the state. Many mental health claims fall short when the record lacks detail. The gaps often involve an unclear connection to service or a lack of detail about how symptoms affect the veteran’s day-to-day life.

Magann said many Florida veterans assume a mental health claim should be straightforward because their symptoms are apparent to them and their families. Yet, the VA still expects detailed, precise documentation. He noted that examiners lean heavily on what is already in the file, rather than on what a veteran says during a brief appointment. “If the paperwork is thin, the diagnosis history is muddy, or the link to service is not clearly laid out, the VA can turn a claim down in minutes,” Magann said. “Most veterans do not find that out until a denial letter shows up months later.

He also warned that Florida’s large veteran community drives heavy demand for compensation and pension exams, leading to short or rushed evaluations. When an exam does not fully reflect how symptoms affect everyday life, the VA is more likely to assign a low rating or deny the claim. Magann asserts that this is especially true in PTSD cases, where the VA expects clear documentation of in-service stressors and solid clinical support.

Magann advises veterans to begin 2026 by reviewing any VA decisions they received in 2025, especially if those decisions involved mental health conditions or secondary issues related to mental health. He noted that the Appeals Modernization Act gives most veterans one year from the date of their decision letter to seek review or file a supplemental claim. Early in the year, veterans have a better chance of getting their paperwork in order rather than racing the clock right before a deadline. Taking time now to reread past decisions and fill in any gaps can help prevent avoidable mistakes that cost benefits later.

Magann asked veterans to pay attention to warning signs that a claim may be in trouble, including missing private treatment notes, thin descriptions of how severe symptoms really are, and medical reports that have not been updated in years. He said many people also overlook how their conditions affect their jobs, family relationships, and everyday responsibilities, even though the VA weighs that information heavily when deciding a rating.

Early in the year, veterans have a better chance of getting their paperwork in order rather than racing the clock right before a deadline. Taking time now to reread past decisions and fill in any gaps can help prevent avoidable mistakes that cost benefits later.“If you get your mental health claim in order early in the year, you are in a much better position to avoid a denial and fight for a rating that matches what you are actually living with.”

The Law Office of David W. Magann represents veterans across Florida in disability claims, appeals, and mental health–related matters.

For more information or to request a consultation, contact the Law Office of David W. Magann in Tampa, FL.

Attorney David Magann is a Marine Corps Veteran with a Criminology Degree from The University of South Florida and a Law Degree from The University of Miami. He will be your advocate working to get the benefits you have earned under the Department of Veterans Affairs. David Magann is also a social security and disability (SSI) lawyer. If you need a veteran’s benefits lawyer or social security attorney, contact David W. Magann, PA at 1.855.418.9354.

David W. Magann, PA

156 West Robertson Street
Brandon, FL 33511

1.855.418.9354

https://tampaveteranslawyer.com/

Press Contact : David Magann

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