Applying for VA disability benefits is one of the most important actions a veteran can take to secure their well-being after service. But filing the initial claim is merely the first step in an ongoing journey. True success lies in understanding the entire lifecycle of a VA claim: what happens after you file, how to effectively appeal a denial, and how to manage your disability rating for the rest of your life.
This comprehensive guide is designed to empower you with the knowledge to navigate the system confidently. We’ll cover everything from the essential documents needed for your initial application to the strategic nuances of the appeals process and the long-term management of your hard-won benefits.
Part 1 – Building a Strong Foundation: Filing Your Initial Claim
The thoroughness and quality of your initial application can significantly impact the outcome and timeline of your claim. Rushing this step is a common mistake; taking the time to build a robust case from the start can save you months, or even years, of appeals.
A. Key Documents to Gather Before You File
Before you even begin the paperwork, assemble your evidence. Having these documents ready will streamline the process:
- DD-214 (Certificate of Release or Discharge from Active Duty): This is the cornerstone document that proves your service.
- Service Treatment Records (STRs): All medical records generated during your time in the military.
- Private Medical Records: Any records from civilian doctors, both before and after your service, that are relevant to your claimed condition.
- Personal Statements: A written account in your own words (often on a VA Form 21-4138, Statement in Support of Claim) detailing your condition, the in-service event that caused it, and how the symptoms currently affect your daily life and ability to work.
- Buddy Letters / Lay Statements: Written statements from spouses, friends, family members, or fellow service members who can attest to your condition and how it has changed your life. For example, a letter from a fellow soldier could state, “I served with Cpl. Smith and was there when the IED went off. Before that day, he was an avid runner. After, he could barely walk without a limp and complained constantly of back pain.”
B. Be Thorough: Claim Everything, Including Presumptive Conditions
It is critical to list every single medical condition you believe is a result of your military service. This includes primary conditions (e.g., a knee injury from a parachute jump), as well as secondary conditions that arise later (e.g., arthritis in that same knee or a hip problem from years of limping).
Furthermore, be aware of “presumptive conditions.” The VA presumes that certain disabilities are service-connected if the veteran served in a specific location during a specific time period. This lowers the burden of proof, as you don’t have to provide a direct medical link (a “nexus”).
Notable examples include:
- Veterans exposed to Agent Orange in Vietnam.
- Veterans with certain conditions who served in the Gulf War.
- Veterans exposed to contaminated water at Camp Lejeune.
- Recent veterans who served in Southwest Asia and suffer from conditions covered by the PACT Act.
Always check the VA’s list of presumptive conditions to see if your disability qualifies.
Don’t Lose Out on VA Benefits
Every month you wait could mean lost compensation. File your VA claim now and start getting the benefits you deserve.
Unlock My VA BenefitsPart 2 – The Long Road: What Happens After You File?
After you submit your claim, the VA will review your evidence. This process can take several months. If the decision is not in your favor, it is not the end of the road. Understanding your options is key.
A. Mastering the Appeal Process
A denial is a frustrating but common part of the VA process. You have one year from the date of your decision letter to file an appeal. There are three distinct paths you can choose from.
Higher-Level Review:
- Best For: Simple errors or disagreements with how the existing evidence was interpreted.
- Strategy: Choose this option when you are confident all the necessary evidence is already in your file and you just need a more experienced set of eyes to review it. You cannot submit new evidence. This is generally the fastest appeal lane, with a goal of 125 days for a decision.
Supplemental Claim:
- Best For: The vast majority of denials, where the original claim was missing a key piece of evidence.
- Strategy: This is your chance to strengthen your case. The most powerful forms of “new and relevant evidence” are a definitive medical diagnosis if you lacked one, or a strong “nexus letter” from a medical professional that explicitly states your condition is “at least as likely as not” caused by your military service. This option resets the clock, and the VA has a duty to assist you in gathering evidence.
Appeal to the Board of Veterans’ Appeals (BVA):
- Best For: Complex cases, or when you believe the VA has made a significant legal or procedural error.
- Strategy: This is the highest level of appeal within the VA. You have three options at the Board: a direct review of the existing evidence, submitting new evidence for the judge’s consideration, or requesting a hearing with a Veterans Law Judge. This path takes the longest, often a year or more, but is necessary for complicated legal arguments.
For any appeal, leveraging the free services of a VA-accredited representative (like a VSO) is highly recommended. They are experts in navigating this complex system.
B. Maximizing Your Benefits Beyond the VA
A VA disability rating can unlock a wide range of other federal and state benefits.
- Social Security Disability (SSDI/SSI): This is a separate federal program. A key distinction is that SSDI is based on your work history (you’ve paid “premiums” through payroll taxes), while SSI is a needs-based program for those with limited income and assets. While the VA and SSA have different criteria, a high VA rating (especially 70% or higher) can significantly strengthen your application for Social Security benefits.
- Vocational Rehabilitation and Employment (VR&E): If your service-connected disability impacts your ability to work, the VR&E program (also known as Chapter 31) can provide job training, education, resume development, and other employment support services.
- State and Local Benefits: Do not overlook benefits in your own state. These often include significant property tax exemptions, free or reduced-price hunting and fishing licenses, special license plates, and hiring preferences for state government jobs.
C. Proactively Managing Your Disability Rating
Your disability rating is not necessarily static. It is a living assessment that can change over time, and you must manage it proactively.
- Maintaining Your Rating and Protected Status: For conditions that may improve, the VA can schedule a Routine Future Examination (RFE) to re-evaluate your condition’s severity. It is crucial to attend these appointments. However, certain ratings become “protected,” meaning the VA cannot easily reduce them. This includes ratings that have been in place for 5, 10, or 20 years, or if you are over the age of 55. A rating designated as “Permanent and Total (P&T)” is considered static and will not be re-evaluated.
- Increasing Your Rating When Your Condition Worsens: If your service-connected disability has gotten worse, you have the right to file a claim for an increased rating using VA Form 21-526EZ. The key is to provide new medical evidence (e.g., treatment records, X-rays, doctors’ opinions) that documents the increased severity and demonstrates how it further impacts your life and your ability to maintain gainful employment.
Applying for veterans’ disability benefits can seem difficult, but understanding the steps involved and having the right information can make it more manageable.
Here are the most essential aspects of applying for VA disability benefits, and how to apply for veterans’ benefits.
Timing Your VA Disability Application
It’s crucial to apply for VA disability benefits as soon as possible after being diagnosed with a service-connected condition or when you notice symptoms related to your military service. There is no time limit on when you can apply, but the sooner you submit your application, the sooner you can start receiving benefits if your claim is approved.
Documenting Your Medical Conditions
When completing your VA disability application, make sure to list all the medical conditions you believe are related to your military service. Be as specific as possible and include any secondary conditions that may have developed as a result of your primary condition. If you’re unsure whether a condition is service-connected, include it and let the VA make that determination.
Gathering and Submitting Medical Records
Medical records are important evidence in your VA disability claim. Submit any relevant medical records from your time in service and any post-service treatment records related to your claimed conditions. If you receive treatment at a VA facility, the VA should have access to those records. However, if you receive treatment from a private healthcare provider, you’ll need to obtain and submit those records yourself.
Maximizing Your Chances of Approval
To increase the likelihood of your VA disability application being approved, provide all the necessary evidence and documentation, such as your DD214, medical records, and supporting evidence like lay statements from friends, family, or fellow service members who can attest to your condition. Attend any scheduled VA examinations and be honest and thorough when discussing your conditions with the examiner.
Understanding the VA Disability Benefits Timeline
The time it takes to receive a decision on your VA disability claim can vary depending on factors such as the complexity of your case and the backlog of claims at the VA. On average, it can take several months to a year or more to receive a decision. If your claim is approved, you’ll start receiving benefits from the date the VA received your application.
Dealing with New Medical Conditions
If you develop a new medical condition after filing your initial VA disability application, you can file a new claim for that condition. Provide evidence showing that the new condition is related to your military service or is secondary to a previously service-connected condition.
Appealing a Denied VA Disability Claim
If your VA disability claim is denied, don’t lose hope. You have the right to appeal the decision and present additional evidence to support your claim. The appeals process has changed in recent years, now offering veterans three options: Higher-Level Review, Supplemental Claim, and Appeal to the Board of Veterans’ Appeals. In a Higher-Level Review, a more experienced VA adjudicator will review your claim, but no new evidence can be submitted.
VA Claim Denied? Fight Back Today
A denial isn’t the end. You still have the right to appeal and win the benefits you earned through service. Don’t wait—take action now.
Fight My Claim NowA Supplemental Claim allows you to submit new and relevant evidence to support your case. An Appeal to the Board of Veterans’ Appeals involves a Veterans Law Judge reviewing your case. It’s important to choose the right appeal option for your situation and to seek guidance from a VA-accredited representative if needed.
Maintaining and Increasing Your VA Disability Rating
Once you’ve been granted a VA disability rating, it’s essential to understand that the rating can be subject to change. The VA may periodically request a re-examination to assess the current severity of your condition. If your condition has worsened, you can file a claim for an increased rating. To support your claim, provide medical evidence demonstrating the progression of your disability.
If your condition has improved significantly, the VA may propose to reduce your rating. In such cases, you’ll be notified and given the opportunity to present evidence and argue against the reduction. To maintain your rating, it’s crucial to attend any scheduled VA examinations and to continue seeking treatment for your service-connected conditions, as this helps establish a record of the ongoing impact of your disability on your daily life.
Exploring Additional Benefits for Disabled Veterans
In addition to VA disability benefits, disabled veterans may also be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Each program has its own application process and eligibility requirements, and it’s possible to receive both VA disability and Social Security benefits simultaneously.
You Are Not Alone, National Disability Benefits has the Resources for Your Journey
At National Disability Benefits, our representatives help veterans with the VA disability benefits system. Whether you need assistance with your initial application, appealing a denied claim, or maintaining and increasing your disability rating, our knowledgeable and compassionate team is here to guide you every step of the way. We understand the challenges veterans face when applying for benefits, and we’re committed to providing personalized support to help you secure the benefits you’ve earned through your military service.
Navigating the VA system requires patience, persistence, and advocacy. Remember that you do not have to do it alone. For assistance, contact National Disability Benefits online today or call (844) 777-0615