VA Disability Claim Types

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There are a few different types of VA disability claims. The type of claim depends on a few different factors.

  • If you are looking for information on how to file a VA disability claim click HERE.

Original Claim

  • 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.

Fully Developed Claim (FDC)

  • 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.

IMPORTANT UPDATE:

  • Fully developed claims NO longer get priority processing as of October 2022. 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.

IMPORTANT NOTES:

The following situations WILL convert your claim to a Standard Claim.

  • Submitting additional evidence with your claim;

    • However, if this new evidence is of significant value the added delay may outweigh the negatives of having to deal with the process.

  • Submitting a Claim while you have a claim already in progress;

  • Submitting a claim while you have an Appeal in process.

  • Submitting an appeal while you have a claim in progress,

  • Having the VA Obtain your private medical records.

Standard Claim

  • When your claim requires the VA gather evidence on behalf of the Veteran. This can include but is NOT limited to:

    • DD-214/215

    • Private medical records (hospital visits, private clinics, etc)*

    • Service Treatment Records

    • Vet Centers*

*Require a VA Form 21-4142 be completed and submitted with the claim.

This does NOT include:

  • VA Medical Records

Increase Claim

When your service-connected condition gets worse.

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.

IMPORTANT NOTES:

  • 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!

  • You can file a claim for increase as often as you’d like. There is no minimum wait period after a rating decision.

Secondary Claim

Sleep Apnea is being shown as secondary to another condition

  • 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.

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.

IMPORTANT NOTES:

  • By filing a secondary claim you invite the VA to possibly REEVALUATE the condition(s) 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.

  • A primary condition rated at 0% CAN have secondary conditions!

NOTES:

  • Secondary conditions CAN have higher evaluations than the primary condition.

  • There is no limit to the numbers of secondary conditions that can come from something primarily or secondarily service-connected.

  • Secondary claims can have their own secondary claims. And those secondary claims can have their own secondary claims. And those secondary...

  • 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, etc.

Supplemental Claim

  • This is a misnomer, as this is actually a type of Appeal.

IMPORTANT NOTES:

  • Sooooo sometimes if your look up your claim status online… it will state your not-supplemental claim… is a supplemental claim. This is an ‘remnant’ from a depreciated claim type (internally). In that internally… supplemental claims USED to be literally claims after the original claim. The VA system still has this old terminology in their systems. Occasionally someone will set a claim under this depreciated term or the VAs AI will create the claim under this depreciated term.

    • In the end this WON’T impact your claim one bit!

  • 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!

Deferred Claim

When the claim has been partially rated.

Means the deferred condition(s) still require further development (waiting on medical records, C&P exams, clarification on exams, etc.).

IMPORTANT NOTE:

  • 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!

Inferred Claims

When your claim gets conditions added to it, without them being expressly claimed.

There are 3 main flavors of inferred claims:

  1. Statements made by the Veteran that are received on the SAME day as their claim/appeal; and

    • These statements may be made on the specific forms themselves or on additional paperwork.

      • If you mention Tinnitus causes Headaches in a statement received with your claim; guess what! You just made a claim for headaches Secondary to tinnitus!

      • If you mention mentioned a service-connected condition has worsened OR your statements could be considered to say as much; guess what! You just made a claim for increase for that service-connected condition!

  2. Conditions considered' ‘within the scope’ of the claim.

  3. Ancillary benefits (extra benefits)

IMPORTANT NOTES:

  • 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 or cannot infer it, that the Veteran can then file for that condition after their current claim is finished.

  • Raters are generally NOT allowed to infer claims outside the 3 previously mentioned scenarios EVEN if the examiner provides an unrequested favorable Medical opinion!

    • HELL if the rater sees the Veteran had an AMPUTATION in-service and it was not claim it; they are likely prohibited from granting service-connection EVEN IF the amputation was clearly and unmistakably due to the Veteran’s service! The rater in this scenario is only allowed to invite the Veteran to file a claim for the amputation - This also applies to unclaimed fractures.

  • Raters CANNOT grant TDIU without the Veteran formally filing a claim TDIU! At most, the rater will defer and invite the Veteran to apply for it.

1151 Claim (Federal Tort)

  • Click HERE for information.