VA Disability Claim Types
There are a few different types of VA disability claims. The type of claim depends on a few different factors.
VA Disability Claim Types
There are a few different types of VA disability claims. The type of claim depends on a few different factors.
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If you are looking for information on how to file a VA disability claim click HERE.
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Deferred Claim
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When your claim has been partially rated.
Means the condition(s) still require further development (waiting on medical records, C&P exams, clarification on exams, etc.
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IMPORTANT NOTE:
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Deferred does NOT mean that the condition(s) are more or less likely to be rated in your favor! But a deferral does mean you are still in the race!
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Fully Developed Claim
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When you got everything% ready to go in terms of evidence for your claim.
%This does NOT include needing to go to a C&P exam.
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IMPORTANT UPDATE:
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Fully developed claims NO longer get priority processing as of October 2021. That said, you should still aim to file them as fully developed! As by having evidence submitted with your claim it will be processed faster than if the VA had to obtain things like private medical records.
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IMPORTANT NOTES:
The following situations WILL convert your claim to a Standard Claim.
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Submitting additional evidence with your claim;
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However, if this new evidence is of significant value the added delay may outweigh the negatives of having to deal with the process.
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Submitting a Claim while you have a claim already in progress;
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Submitting a claim while you have an Appeal in process.
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Submitting an appeal while you have a claim in progress,
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Having the VA Obtain your private medical records.
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Increase Claim
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When your service connected condition gets worse.
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Over time a Veteran may find that their disability getting worse. The Veteran has the ability to file an increase claim at any time so that they receive their proper compensation.
Increases can be filed online at VA.gov.
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IMPORTANT NOTE:
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Check the Rating schedule BEFORE you file your increase claim! That way you don't inadvertently get yourself reduced or just end up wasting everyone's time. Just because you feel your condition has worsened does not mean it will rate higher.
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Inferred Claims
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When your claim gets conditions added to it, without you claiming them.
As the Veteran is not expected to be an expert in the VA claim's process, there is allowance given to raters that lets them put two and two together. As such, if the rater determines that there is significant evidence that a condition not claimed by the Veteran is likely to be due to the Veteran's service, the rater can put the Veteran in for an inferred claim.
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IMPORTANT NOTE:
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If the C&P examiner states during an exam that the Veteran should claim something or words to that effect, it is IMPORTANT that the Veteran initiate an Intent to file! This way, if the rater does not get the hint, the Veteran can then file for that condition after their current claim is finished.
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Original Claim
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Nothing inherently special about it. Just an accompanying title to a Veteran's first claim for service connection for a specific disability. Technically, all new claims are original claims.
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Secondary Claim
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Sleep Apnea is being shown as secondary to another condition
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When a primary condition (or another secondary condition) causes additional disabilities.
Instead of something in your military service being the source of a disability, a service connected disability causes secondary disabilities.
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An example might be you have service connection for PTSD and it causes Erectile dysfunction (ED) or the medications used to treat the PTSD causes it. Then the ED can be claimed secondary to PTSD.
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IMPORTANT NOTE:
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By filing a secondary claim you invite the VA to possibly REEVALUATE the condition you are using as the basis of the secondary condition! As such, it is very important that you are aware that if your basis condition has improved it may be risky to claim something as secondary to it.
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NOTES:
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There is no limit to the numbers of secondary conditions that can come from something primarily or secondarily service connected.
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Secondary claims can have their own secondary claims. And those secondary claims can have their own secondary claims. And those secondary...
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When the Veteran claims something secondary to something else, the rater is supposed to consider service connection on a primary basis, based upon the Veteran's service treatment records.
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Standard Claim
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When your claim requires the VA gather evidence on behalf of the Veteran. This can include but is not limited to:
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DD-214/215
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Private medical records (hospital visits, private clinics, etc)*
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Service Treatment Records
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*Require a VA Form 21-4142 be completed and submitted with the claim.
This does NOT include:
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VA Medical Records
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Supplemental Claim
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This is a misnomer, as this is actually a type of Appeal.
IMPORTANT NOTES:
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If you were previously denied for a condition you MUST appeal! You CANNOT try to claim it as a new condition again! Your claim will be kicked back!
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1151 Claim
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When you obtain a disability as a result of the carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department in furnishing the hospital care, medical or surgical treatment, or examination, or caused by participation in a compensated work therapy program, such as Veteran Readiness and Employment.
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In order to win the claim the Veteran's claim needs to contain the following three elements:
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Current diagnosis.
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An event that meets the aforementioned criteria.
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A Nexus letter/independent medical opinion connecting 1. and 2. together.
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There is no special or separate form to file a 1151 claim. The Veteran simply needs to identify it as being a 1151 when completing their Fully Developed Claim or Standard Claim.
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To assist the VA in obtaining relevant records you need to identify:
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Which VAMC the event occurred in;
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Approximately when the event occurred; and
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Explain how the VAMC messed up.
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IMPORTANT NOTE:
If you are awarded a judgment against the United States (VA) in a civil action (Federal Tort Claim) due to the VA causing a disability NO disability benefits will be paid out until the amount paid out to the Veteran via the judgement equals out.
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FAQ
How often may I submit an increase claim?
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You may submit an increase claim whenever you feel you meet the criteria. There is NO time period you must wait between increases.
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See Also
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References
