Step-by-Step Guide to Filing a VA Disability Claim​

Pursuing VA disability benefits involves a long, potentially complex process. Knowing the process of filing a VA disability claim can help you avoid common mistakes that result in many veterans not receiving the benefits they deserve. 

Determine Your Eligibility

First, you must determine your eligibility for VA disability benefits. A veteran may qualify for disability benefits if they have a current illness or injury that affects their mind or body and they served on active duty, active duty for training, or inactive duty training. Furthermore, the veteran must meet at least one of three conditions:

• The veteran became ill or injured while serving in the military and can link that illness or injury to their current medical condition
• The veteran had an injury or illness before joining the military and serving in the military made it worse
• The veteran had a disability caused by their active-duty service that did not manifest until their service ended

The VA presumes a service connection with specific injuries or illnesses, including:

• Chronic illnesses that manifest within one year after discharge from the military
• Illnesses caused by contact with toxic chemicals or hazardous materials
• Illnesses caused by time spent as a prisoner of war

Finally, a veteran must have received an honorable discharge to qualify for VA disability benefits. 

Gather Supporting Documentation

A VA disability benefits claim will require supporting evidence to prove both the existence and severity of the veteran’s medical condition and the condition’s service connection. Supporting documentation commonly included with applications include:

• Medical records
• Military service records
• Narrative letters from treating physicians
• Supporting statements from fellow unitmembers or commanding officers regarding the service event(s) that caused the veteran’s condition
• Supporting statements from family, friends, and co-workers regarding the effects of the veteran’s condition

File Your Application

Once you’ve completed the official application form and obtained supporting documentation, you can file your disability benefits claim with the VA. The VA will start reviewing your application to determine your eligibility for benefits or whether the Department requires additional information. 

Respond to VA Correspondence

The VA often asks for supplemental information or documentation, such as your most recent medical records. You should respond to all VA correspondence. Failing to respond or supply requested information may result in the VA denying your disability benefits claim. 

Attend the Compensation & Pension Exam

The VA may also ask you to attend a compensation & pension (C&P) exam performed by your treating physician or another medical practitioner. C&P exams provide the VA with updated information regarding a veteran’s medical condition(s). Failing to attend an exam may result in the denial of your disability benefits claim. 

Review the Decision Letter

The VA will issue a decision letter approving your disability benefits claim and assigning you a disability rating (which determines your benefit payments) or denying your claim. Review your decision letter carefully to understand the reasons for your disability rating (if approved for benefit) or the denial of your claim. You may discover that the VA overlooked information when assigning your disability rating or denying your claim, which can help you appeal the VA’s decision, if necessary. 

File an Appeal (If Necessary)

The VA offers an appeals process to challenge denials of disability benefits claims or determinations of disability ratings. Veterans may file a supplemental claim to add information or documentation to their claim or request a higher-level review of their application. They can then appeal to the Board of Veterans Appeals and, from there, to the U.S. Court of Appeals for Veterans Claims.

Contact a VA Disability Benefits Lawyer Today

Experienced legal counsel can make the VA disability benefits claims process less stressful. Contact Veteran Benefits Law Group today for a free, no-obligation consultation with a VA disability attorney to learn more about filing a benefits claim and get the help you need to prepare a successful application.