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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. Alternatively, you can seek out a Veterans Service Officer (VSO) to assist you with submitting a claim.

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

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!

Eligibility

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 (IADT).

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

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

Active Duty Servicemembers

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.

If you have less than 90 days before separation you can and should still file a claim!

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

For those undergoing a Medboard click HERE.

IMPORTANT NOTES:

  • 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 should be no charge.

  • If you've been neglecting your health, start seeking treatment for your disabilities. Make 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.

National Guard/Reserves

If you incur or aggravate an injury, illness, or disease while in the line of duty (performing ADT, IADT, 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.

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

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!

NOTES:

  • 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.

Starting an Intent to File

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

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

IMPORTANT NOTES:

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

  • 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 use only. HOWEVER, a single claim can be used to file for multiple conditions. Further, if you file multiple claims/Appeals on the same day, then ALL will fall under the same intent to file!

BEFORE Filing a Claim for a New Disability

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

IMPORTANT NOTE:

Do NOT make a new claim for a condition when:

  • 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!

*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.

BARE MINIMUM you need BEFORE you file a claim:

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)!

Part Element
1. Statement of symptoms (how the condition affects you) OR current diagnosis.
2. An in-service event (documented or supported by lay statement(s) condition started in service), or service-connected disability that caused or worsened your disability.
3. A layman would think that 1 and 2 are related (nexus).

For more information on methods of service connection click Here.

IMPORTANT NOTES:

  • Veterans and their Buddies CAN provide lay statement(s) that the disability occurred from an in-service event, injury, or disease, the statement(s). VA MUST consider these statements so long as they are consistent with the places, types, and circumstances of the Veteran’s military service (parachutists having Joint issues, Cannon crewmember having Hearing issues, etc.). 

    • VA CANNOT determine that lay evidence lacks credibility merely because it is unaccompanied by contemporaneous medical evidence! (M21-1 IV.i.1.B.1.c)

  • For those who are still Active Duty OR are within one year of leaving service, just having number 1 will work (in order to get an examination).

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

    • You MUST claim the condition(s) you think the exposure caused! Just be sure to state in the claim what the exposure(s) were.

  • 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.

Example One (Exam NOT warranted)

Part Example Meets Standard (Y/N) Explanation
1. Right knee pain. Y. Is a symptom the Veteran can feel.
2. Nothing in service records and no statements. N. VA needs something to go off of.
3. - N. Missing part 2.

Example Two (Exam IS warranted)

Part Example Meets Standard (Y/N) Explanation
1. IBS (with NO formal diagnosis). Y. UNLESS you are a medical professional you CANNOT diagnosis yourself. You as a layman without a diagnosis MUST claim your IBS symptoms!
2. Buddy Statement: Since service they have have had digestive symptoms [details...]. N. Spouse said they had it since service.
3. - Y. This is an interesting case in which part 2 also covers part 1, due to the claimed symptoms being explained. Claim makes sense; that their stomach issues could continue till now.

Example Three (Exam NOT warranted)

Part Example Meets Standard (Y/N) Explanation
1. Back pain. Y. Is a symptom the Veteran can feel.
2. Statement their service-connected Headaches caused their back pain. Y. Connection is based on Secondary service-connection.
3. - N. Does not make sense.

Example Four (VA will attempt to get clarification. If they do not get an answer the claim is canned prior to an exam.)

Part Example Meets Standard (Y/N) Explanation
1. Gulf War Syndrome (GWS). N. While the Veteran can feel these symptoms. It is not a proper claim as it is NOT specific. The Veteran must claim the specific conditions/symptoms they are claiming. IE Headaches, Breathing issues, etc..
2. Veteran served in Kuwait in 1991. Y. In service event is conceded due to Gulf presumptives.
3. - Y/N. If a symptom/condition is clarified, yes; otherwise not met.

Example Five (Exam IS warranted)

Part Example Meets Standard (Y/N) Explanation
1. Pain in both Knees. Y. While the Veteran can feel these symptoms. It is not a proper claim as it is NOT specific. The Veteran must claim the specific conditions/symptoms they are claiming. IE Headaches, Breathing issues, etc..
2. Parachutist Badge W/X jumps. Y. Skill badge that is known to be hard on the body.
3. - Y. Sounds plausible.

Example Six (Exam IS warranted)

Part Example Meets Standard (Y/N) Explanation
1. Skin rash on hands. Y. Is a symptom the Veteran can see.
2. MOS of mechanic or fueler; hands exposed to fuels. Y. Exposure to chemicals.
3. - Y. Sounds plausible.

Successful Claims

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

Part Element
1. A current diagnosis* of a chronic disability.
2. An in-service event, Exposure, or service-connected disability that caused or worsened your disability.
3. A Medical opinion connecting 1 and 2 together, also known as a nexus statement.

*There are two exceptions to this requirement:

  1. Undiagnosable Gulf War medically unexplained chronic multi-symptom illness (MUCMI); and

  2. Undiagnosed physical conditions that cause functional impairment of earning ability.

NOTES:

  • You do NOT need all three of those elements when you file your claim, your claims examiner can help you. Especially element 3, as your C&P examiner can opine service connection. However it is STRONGLY recommended that you do have at least have elements 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 condition.

Obtaining/Types of Evidence

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.

IMPORTANT NOTES:

  • 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.

  • Do NOT 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

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

Period of Service How to Obtain
If you retired or separated after Jan. 1, 2014*. You can access your Service Treatment Records (STRs) from the MHS GENESIS Patient Portal.
Before Jan. 1, 2014. Send an Online request to the National Personnel Records Center (NPRC).
Any. Military OneSource Records - send a FOIA request to the Office of the Secretary of Defense and Joint Staff.

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

IMPORTANT NOTE:

  • 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.

Military Personnel Records

These records include (but are not limited to) your:

  • Awards;

  • DD-214;

  • Enlistment/Reenlistment paperwork;

    • This often times includes your entrance MEPS physical examination.

  • Orders; and

  • Personnel Actions.

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

Branch of Service Period of Service Ended How to Obtain
Air Force Before 10/1/2004 *
Air Force After 09/30/2004 @
Army Before 10/01/1994 *
Army After 09/30/1994 @
Coast Guard Any *
Marine Corps Before 01/01/1999 *
Marine Corps After 12/31/1998 @
Navy Before 01/01/1995 *
Navy After 12/31/1994 @
Space Force Any @

*You will need to submit a request to NPRC.

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

Miscellaneous Evidence

  • Private Medical Records and Non-VA Hospital Reports that relate to your claimed illnesses or injuries, or that show your disability has gotten worse (you MUST provide them with a VA Form 21-4142/21-4142a, if you want VA to obtain them for you).

  • 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.

IMPORTANT NOTE:

When filing for PTSD the following form is generally REQUIRED:

NOTES:

  • 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.

Organizing Records

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 as the first page of your evidence - particularly if you have a beefy military/civilian medical file. If you cannot figure out how to do this, then you can separately upload a table of contents document.

IMPORTANT NOTE:

  • You do NOT need to submit full copies of your Service Treatment Records (STRs) or private medical records. You can just submit the pages that are relevant/support your claims.

Table of Contents Examples

Veterans Who Conducted Special Operations

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.

Before Filing an Increase Claim

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!

Common Errors when Filing Claims

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.

Special Requests

For those who want extra considerations.

Priority Processing

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

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.

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

IMPORTANT NOTES:

  • If you file a new claim while another claim is active, the VA WILL close the newly filed claim automatically! DO NOT FEAR! The VA WILL eventually combine your newly claimed issues with the older active claim.

  • 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!

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

After Submitting a Claim

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.

IMPORTANT NOTE:

  • 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!

Frequently Asked Questions

    • 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.

    • You can check the status of your claim HERE. However, we do NOT recommend you constantly check as your claim can and WILL go back and forth in the steps

    • Yes.

    • Try and take up a hobby to fill up your time and head instead of constantly checking and worrying about your claim.

    • It is not uncommon for the VA to do maintenance on the weekends.

    • 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).

    • If you disagree with your claim's decision (all or parts) 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.

    • Yes, so long as the primary condition is either filed within the same claim, is currently undecided in another claim, or is currently undecided in an appeal.

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

    • Yes, by filing a claim you invite the VA to review your file. If it is found that a Clear and Unmistakable Error occurred and you were rated either too high or that service-connection was granted in error, the VA WILL start action to fix the error! Further, if exams show your condition(s) have improved, the VA can start action to reduce you!

      • Do know that the rater will stick to the path for the most part. Meaning, if you file for say your right knee, they are not gonna be poking around unrelated ratings like your mental health or shoulder.

    • Not always. If you do not indicate in your claim or in any statements that the primary condition has worsened the VA SHOULD not evaluate the primary condition. However, in practice this is not always followed.

    • No, evidence provided to the VA stays in your permanent file and can be freely accessed for use in new claims.

    • Yes. Do know that TriCare may not have received all of those medical records so you should either supply those records to the VA or sign the Release to allow the VA to obtain them for you.

    • So long as the injury was not the result of gross-misconduct, certainly!

    • No, you can file right away.

References