Tips for Filing for VA Disability Benefits Years After Service

Many veterans develop medical or mental health conditions due to events, exposure, or injuries that occurred during their military service. These veterans may qualify for disability benefits from the VA. However, veterans may worry whether the VA will approve their disability claim if they apply for benefits many years after leaving service. Although many medical conditions may not manifest symptoms for years or decades, veterans can follow best practices when pursuing a VA disability claim long after they’ve left military service. 

Understand Eligibility and Time Limits

Federal law and VA regulations do not impose a strict deadline for filing VA disability claims after a veteran leaves the military. In theory, a veteran can apply for benefits decades after their discharge. However, a veteran must have a service-connected disabling medical condition to qualify for VA benefits. A veteran can qualify for benefits with a primary condition – a medical condition caused or aggravated by military service – or a secondary condition – a medical condition caused or worsened by a primary service-connected condition. Veterans who suffer from specific medical conditions and who served in particular conflicts or at specific military locations may have a “presumptive” condition. A presumptive condition refers to a medical condition that the law, based on a veteran’s military service, automatically assumes has a service connection. VA regulations have connected various conditions to service events like exposure to radioactive materials, Agent Orange, and burn pits.

Understanding your eligibility, including under presumptive condition rules, can help you know what to expect when filing for VA disability benefits years after your military service ended. 

Gather Comprehensive Medical and Service Records

As more time passes following your discharge from military service, you may need more robust medical and military service evidence to prove that you have a diagnosable medical condition and that your military service caused or aggravated that condition. Examples of evidence that can strengthen a VA disability claim filed years after your service ended include:

• Medical records establishing a current diagnosis of a condition or illness
• Service records of injuries, illnesses, hazardous exposures, or traumatic events
• Nexus letters from medical experts linking a current condition to military service
• Buddy statements from fellow servicemembers or former commanding officers to corroborate in-service events
• Letters from family members, friends, and co-workers to corroborate present symptoms and limitations caused by a medical condition

A comprehensive medical record can strengthen your VA disability claim even if you file years after you left service when the record demonstrates a continuity of symptoms stretching back to your departure from the military. 

File a Fully Developed Claim, If Possible

The VA operates a separate track for disability benefits claims called the Fully Developed Claims (FDC) program. With an FDC application, you submit all evidence and supporting documents you have for your claim and certify that there is no more evidence the VA may need to decide your claim. When years have passed since the end of your military service, you may possess all the records you could submit to support your claim before you begin filling out your application. You will also have to attend any compensation and pension (C&P) exams scheduled by the VA. FDCs can lead to a quicker decision on a disability benefits claim. However, veterans should stick with a standard claim if they think that further investigation may uncover additional evidence to support their claim. 

Get Help from a VA-Accredited Representative

Finally, VA-accredited agents or Veterans Service Organizations can help veterans develop a compelling disability benefits claim even years after their service. A VA disability lawyer can also represent a veteran in pursuing the administrative appeals process if the VA denies the veteran’s initial application. 

Contact a VA Disability Lawyer Today

Although pursuing VA disability years after your military service can prove challenging, you deserve to obtain benefits for impairments caused by medical or mental health conditions connected to your service. Contact Veterans Benefits Law Group today for a free, no-obligation consultation with a VA disability benefits attorney to get help when you face difficulties securing approval for a disability claim you’ve filed years after your discharge.