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Filing a VA Disability Claim

Hello and welcome both currently serving Servicemembers and Veterans. This page is about helping you prepare and submit a claim for disability compensation.

Filing a VA Disability Claim

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Hello and welcome both currently serving Servicemembers and Veterans. This page is about helping you prepare and submit a claim for disability compensation. Alternatively, you can seek out a Veterans Service Officer (VSO) to assist you with submitting a claim.

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If you just want a quick and dirty step-by-step guide click HERE.

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VA Disability

VA disability is a monthly tax-free monetary benefit that ranges from over $100 to nearly $10,000 in the case of Special Monthly Compensation!

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Eligibility

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Basic eligibility requirements for VA disability are:

  • Have a chronic disability that was the result of your military service*, a preexisting condition was made worse by your military service, or was the result of an already service connected disability; and

  • Your character of discharge was Honorable (this includes General, Under Honorable)**; and

  • You served on active duty (AD), active duty for training (ADT), or inactive duty training (IDT).

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*This DOES include those who served in the National Oceanic and Atmospheric Administration (NOAA), the Public Health Service (PHS), and Academy Cadets.

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**Even if your character of discharge was not Honorable, you may still be eligible. For more information click HERE.

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Active Duty Service Members

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Filing Claims

Benefits Delivery at Discharge (BDD) - If you have 90-180 days before separation you may file a BDD. Ideally, this will allow you to get a claims decision the day after you separate.

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If you have less than 90 days before separation you can still file a claim, but it will likely not be decided the day after you separate.

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To file a claim yourself, you can go to VA.gov.

For those undergoing a Medboard click HERE.

IMPORTANT NOTES:

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  • BEFORE you separate from service obtain a copy of your military medical records!

  • If you were ever seen for things outside of a military medical/troop center, etc. Those records will NOT be apart of your military medical records by default! You must coordinate with your base medical. You either need to hand deliver those records or have the place(s) you saw off base fax them to your base medical, after you have signed the applicable releases. Do know, that some offices will charge patients to obtain a copy of their records, but if they fax them to base medical there will be no charge.

  • If you've been neglecting your health, do begin seeking treatment for your disabilities. Start making appointments NOW! Ideally you will have a diagnosis before you separate.

  • Write down EVERY ISSUE you have EVER HAD on your DD 2807-1! Even if you have been unable to be formally seen for some issues.

  • You will NOT be paid mileage for your visits to C&P exams (Those who have separated WILL be paid mileage to attend C&P exams).

  • If you need health care while on terminal leave you CAN use your TRICARE health insurance.

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National Guard/Reserves

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If you incur or aggravate an injury, illness, or disease while in the line of duty (performing ADT, IDT, drill weekend, or any other training while on orders), you could be eligible for disability compensation. This includes when traveling directly to or from your place of duty.

Please have your unit issue a Line of Duty (LOD) determination (or a Notice of Eligibility [NOE] if you're in the U.S. Coast Guard Reserve), in order to properly file a disability claim for those disabilities.

If you do not obtain a LOD/NOE you will need to rely on (Buddy letters/VA Form 21-10210) or Personal statements.

Alternatively, having pre and post-deployment physicals will also serve as excellent evidence - assuming of course you were honest and did not withhold information when you had them done.

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For more information on National Guard and Reservist claims click HERE.

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Veterans

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Intent to File

The first step in filing a claim is doing an Intent to File.

An Intent to File is very important because it preserves your effective date. Your effective date is critical because it is used to determine the date the Veteran gets paid from!

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NOTES:

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  • If you are recently separated Veteran you will have a de-facto intent to file opened for you the day after you separate.

  • If the recently separated Veteran files an intent to file BEFORE their one year separation anniversary they can be given up to an additional year to file their claim AND still get back pay to the day after they separate.

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Starting an Intent to File

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There are several ways to submit an Intent to File to the VA:

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  • Online

    • At VA.gov (just start the online form).

  • Using a Veterans Service Officer (VSO)

    • To find a VSO near you. Click Here.

  • Phone

    • Call 1-800-827-1000 and tell them you would like to initiate an intent to file.

  • In person. Complete VA-Form 21-0966 and submit it to your nearest VA Regional Office.

  • Fax

    • 844-531-7818

  • By mail

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Department of Veterans Affairs Claims Intake Center PO Box 4444 Janesville, WI 53547-4444

IMPORTANT NOTE:

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  • The VA will NOT go by the postmark! The VA will go off the date the intent to file is initially processed by the intake center.

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NOTE:

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  • Intent to files are good for ONE YEAR. Take this time to gather all your evidence to make your claim as strong as possible.

  • Intent to files are good for ONE claim only. However, a single claim can be used to file for multiple conditions. Further, if you file multiple claims the same day as the one with the intent to file, then ALL claims made will fall under the same intent to file.

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BEFORE Filing a Claim for a New Disability

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There are several important things you need to have in place BEFORE you file.

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IMPORTANT NOTE:

Do NOT make a new claim for a condition when:

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  • You have been previously denied* for it OR you want to claim a similar** condition

If you do then your claim WILL be kicked back and you will be sent a letter saying you need to appeal.

So please save yourself the trouble and submit an appropriate Appeal!

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*Yes, no matter how soon or long ago it was!

**If you were denied for a lower back pain do NOT put in a new claim for back strain, lower spine stenosis, etc. However, PTSD IS an exception. So if you previously claimed depression/anxiety and were denied you CAN put a new claim in for PTSD and vice versa.

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BARE MINIMUM you need BEFORE you file a claim:

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If your claim does NOT have ALL three of the following parts do NOT file a claim. If you do you will be denied without even being sent to a Compensation & Pension Exam (C&P).

For more information on methods of service connection click Here.

IMPORTANT NOTES:

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  • For those who are still Active Duty OR are within one year of leaving service, just having number 1 will work.

  • You CANNOT purely claim exposure to something. This includes asbestos, Agent Orange, Burn pits, etc.

    • You may only claim the condition(s) the exposure caused! Just be sure to state in the claim what the exposure was.

  • Your claim MUST be specific regarding which limbs or joints are affected! You CANNOT just claim "Arthritis" or "Knee pain" you MUST state which joints are affected as well as which side of the body IE right, left, or both!

  • Certain groups of eligible Veterans (which INCLUDES recently separated Veterans) may be entitled to presumptive service connection for certain disabilities. (Assuming certain conditions are met.)

    • Please click HERE to learn more.

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Example One

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  • Claim is canned prior to an exam.

Example Two

  • Claim is canned prior to an exam.

Example Three

  • Claim is canned prior to an exam.

Example Four

  • VA will attempt to get clarification. If they do not get an answer the claim is canned prior to an exam.

Example Five

  • Will be given an exam.

Successful Claims

In order for your claim to be SUCCESSFUL the claim needs ALL three elements:

NOTES:

  • You do NOT need all three of those elements when you file your claim, your claims examiner can help you. Especially number 3, as your C&P examiner can opine service connection. However it is strongly recommended that you do have at least have number 1 and 2 before you file to increase the chances of getting service-connection.

  • There are certain conditions that Veterans often don't think they can claim but should be aware of. Click HERE to view a list of commonly overlooked conditions.

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Obtaining Evidence

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The Veteran does NOT need to gather all evidence themselves- the VA has a duty to assist. If the Veteran is unable to get their own Service Treatment Records or Private Medical Records the VA WILL request them for you. However, for the VA to get private medical records and/or Vet Center records you MUST provide them with a VA Form 21-4142/21-4142a.

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IMPORTANT NOTES:

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  • ALL evidence obtained by the VBA or sent to the VBA is scanned into a virtual Claim file (cfile). Evidence is NOT linked to any one claim or Appeal! It is simply dumped into your cfile.

  • You do NOT need to re-submit any evidence you have previously given the VBA. Your VA claim file is permanent and evidence that is already of record WILL remain there. So submitting duplicate evidence can make your claim harder to process (and makes VBA employees more likely to overlook something).

 

Service Treatment Records (STRs)/Military Medical Records

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For Veterans who would like to obtain their own Service Treatment Records you have a couple of options available to you:

*Some Veterans have reported being able to get their records through this method even though they left the military before this date.

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IMPORTANT NOTE:

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  • If your last unit of assignment was a National Guard or Reserve unit it is possible they failed to forward your medical records to the archives or the VA. In such cases, you may want to contact them and request the records yourself from them. Assuming of course they didn't destroy them or completely lose them.

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Here are examples of other types of evidence a Veteran may want to submit with their claim:

  • Military OneSource Records - send a FOIA request to the Office of the Secretary of Defense and Joint Staff.

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Military Personnel Records

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These records include (but not limited to) your:

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  • Awards

  • DD-214

  • Enlistment/Reenlistment paperwork

    • This often times includes your entrance MEPS physical examination.

  • Orders

  • Personnel Actions

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Depending when you separated and what branch you served will determine how you can access these records:

*You will need to submit a request to NPRC.

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@Click HERE then follow this path > Correspondence/Documentation (top left of screen) > Defense Personnel Records Information (DPRIS) > Request Personnel File.

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  • Private Medical Records and Non-VA Hospital Reports that relate to your claimed illnesses or injuries, or that show your disability has gotten worse.

  • Newspaper articles showing you were personally involved in an event or that an event occurred during a time you were in a location.

  • Buddy Statements you’d like to provide from family members, friends, clergy members, law enforcement personnel, or those you served with that can tell the VA more about your claimed condition and how and when it happened, how it got worse, and how it currently effects you.

  • Supporting/Personal Statements. Basically, if you want to point things out in your records, to help ensure the rater does not miss anything, or if you want to add some context/detail to your evidence that may otherwise not be known.

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IMPORTANT NOTE:

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When filing for PTSD one of these forms are REQUIRED:

  • Supporting Statements for Service Connection for PTSD VA Form 21-0781

  • Supporting Statements for Service Connection for PTSD that is a result of a personal trauma (such as military sexual assault) VA Form 21-0781a

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NOTES:

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  • The VBA CAN access your VHA medical records themselves, so it is NOT necessary to upload them as apart of your claim.

  • Maximum file size allowed for uploading documents online is 50MB.

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Organizing Records

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Some of ya'll got records that are measured in inches/lbs instead of by pages! While it can be great to have a ton of evidence, it does increase the possibility of the VA missing something! This holds especially true for those of us whose records are primarily chicken-scratch doctor handwriting and/or crappy micro-phish images.

If you want to help ensure the VA does NOT miss anything, go ahead and include a table of contents with your evidence - particularly if you have a beefy military/civilian medical file.

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Table of Contents Example

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Veterans Who Conducted Special Operations

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If you have a condition that started due to an incident that occurred during a Special Operation or otherwise Classified Mission click HERE to learn about additional information you need to provide the VA.

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Special Requests

For those who want extra considerations.

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Priority Processing

Veterans who meet certain conditions can file for priority processing. Click HERE for more information.

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Examinations

Compensation & Pension Exams (C&P)

Veterans who do NOT want to use a specific contractor or VA medical center OR want to use a specific contractor or VA medical center can include a Personal statement with this request. The VA will attempt to honor this request, if reasonable/possible.

Likewise, if you would only like a tele-health appointment for say your mental health appointment, you can make that request as well.

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Before Filing an Increase Claim

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Please review the Rating schedule to see if your current level of disability qualifies for an increase.

That said, the process of filing for an increase is similar to filing for service-connection.

You can file for it on the va.gov website and the VA will order new exam(s) to determine the current severity of your condition(s).

IMPORTANT NOTES:

  • Filing for increases DOES open your entire file for review. Meaning, if there are errors in your file the VA is duty bound to correct them. This knife does cut both ways! So it can help as well as hurt you. However, most raters will not look outside of the condition(s) you file an increase for. Unless there is something blatantly wrong that stands out.

  • You do NOT need to supply evidence that your condition has worsened!

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Common Errors when Filing Claims

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If you decide to go in alone without a VSO, please be extra careful before you send in your claim!

Some common errors Veterans make are:

  • Forgetting to sign something.

  • Using the incorrect form.

  • Using an expired form.

  • Forgetting to write the correct dates or any dates at all.

  • Submitting an appeal before your claim has closed.

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Veteran Service Officers (VSO)

For information on VSOs click HERE.

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Filing a Claim

There are several ways to file a claim.

Department of Veterans Affairs Claims Intake Center PO Box 4444 Janesville, WI 53547-4444

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IMPORTANT NOTES:

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  • The section pictured above (on the online claim) is CRITICALLY IMPORTANT! It is here where you will state how your condition is related to your military service!

  • The VA will NOT go by the postmark! The VA will go off the date the claim is initially processed by the intake center! Sooo... if you snail mail your claim in and it is processed past the year of your intent to file... well you lost that year of potential back pay.

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After Submitting a Claim

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The next step in the claims process that involves the Veteran is the Compensation & Pension Exam (C&P). Click the link to learn more about the C&P process.

Veterans can expect to be scheduled for a C&P exam shortly after they file their claim. However, there are cases in which a Veteran won't get one at all or it will take several months before one is scheduled.

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IMPORTANT NOTE:

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  • Make sure you keep your mailing address, email address, and phone number up-to-date with the VA. Failure to do so may result in you missing notice of an examination!

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FAQ

 

How long will it take for my claim to finish?

Claim completion time varies from a few weeks to over a year. This depends on several factors:

  • The type of claim you filed.

  • How many injuries or disabilities you claimed and how complex they are.

  • How long it takes the VA to collect the evidence needed to decide your claim.

  • The availability of examiners in your area for the type of examination(s) you require.

To see what the current average time it takes to complete a claim click HERE.

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What do I do while I wait?

  • You can check the status of your claim Here. However, this is not highly advised as your claim can and will go back and forth in the steps. It is recommended that you try and take up a hobby to fill up your time and head instead of constantly checking and worrying about your claim.

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Can I use a lawyer or claims agent to help me file a new claim?

  • Yes, accredited attorneys and claims agents can help you. However, since they CANNOT charge you a percentage of your back pay for new claims, they typically only become involved on appeals, after a claim has been denied.

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What should I do if I disagree with my claim's decision?

  • If you disagree with your claim's decision you can Appeal the decision. You have up to one year to appeal the decision and still preserve the initial "intent to file" Effective date of the claim.

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Can I file a for a secondary condition if the primary condition is not yet service connected?

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  • Yes, so long as the primary condition is either filed within the same claim OR is currently a claim that is being processed.

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The CD I got from medical is password protected, I don't remember the password?

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  • Try the last four of your social security number and the first three letters of your first name in lowercase.

References

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