Basic eligibility requirements for VA disability are:

• Have a chronic disability that was the result of your military service*, a preexisting condition that 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. This does NOT include Merchant Marines who served after August 15, 1945.

**Even if your character of discharge was not Honorable, you may still be eligible.

• For more information click HERE.

Basic eligibility requirements for VA disability are:

Benefits Delivery at Discharge (BDD) - If you have between 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 for additional information on that process.

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.

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 .

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

The first step in filing a claim is doing an Intent to File (ITF).

An ITF 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!

• For more information on ITF and effective dates click HERE.

NOTES:

• If you are recently separated Veteran you will have a de-facto ITF opened for you the day after you separate.
• If the recently separated Veteran files an ITF 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.

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

• Online
  • At VA.gov (just start the online form).
• Using a Veterans Service Officer (VSO)
  • To find a VSO near you. Click Here.
• Phone
  • Call 1-800-827-1000 and tell them you would like to initiate an intent to file.
• In person. Complete VA-Form 21-0966 and submit it to your nearest VA Regional Office.
• Fax
  • 844-531-7818
• By mail
  • Submit VA-Form 21-0966 to:

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.
• An Intent to File is good for ONE YEAR. Take this time to gather all your evidence to make your claim as strong as possible.
• An Intent to File is 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!

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

IMPORTANT NOTE:

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

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

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)!

• For more information on methods of service-connection click Here.

IMPORTANT NOTES:

• VHA and contract examiners CANNOT order hospitalization or surgical evaluation, such as colonoscopy or laparoscopy, and therefore CANNOT establish diagnoses for conditions that would require such a workup. However, examiners may still conduct an examination on a claim if a required test needed to inform a medical assessment was previously done and is a matter of record.
  • Common conditions that this restriction applies to include:
    • Endometriosis
    • Prostate Cancer (requires a biopsy to diagnosis for VBA purposes)
• Veterans and theirBuddies 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 havingJoint issues , Cannon Crewmember havingHearing 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)
• If you are claiming something as Secondary, you should explain in a Statement how the conditions are related:
  • If your Ankle condition caused an altered gait so you walk wonky and you think it caused your Knee issue due to how you walk now - STATE IT!
  • If you think yourGERD isDue to medications you take that treat your Back pain - STATE IT!
  • If you think your Sleep apnea is due to medications used to treat a service-connected condition by way of those medications causing Obesity - STATE IT!
• You CAN claim something secondary to a denied condition, SO LONG AS the denied condition is currently open in an appeal when you make the secondary claim.
• 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 includesAsbestos ,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.
• Having non-presumptive Toxic exposures CAN meet element 2 for conditions that are NOT Mental or Musculoskeletal .
• Having held ANYMOS meets element 2 forHearing loss/Tinnitus .
• 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 toPresumptive service-connection for certain disabilities. (Assuming certain conditions are met.)

SPECIAL NOTE:

• PTSD is a special case in which element 2 is replaced with a conceded stressor event.
  • For information on PTSD stressors clickHERE .

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

*There are two exceptions to this requirement:

• UndiagnosableGulf War medically unexplained chronic multi-symptom illness (MUCMI) ; and
• Undiagnosed chronic physical conditions that cause functional impairment of earning ability.
  • This is a fairly rare basis to grant as most examiners are not going to provide a favorable medical opinion for it. So when it is granted, it is usually in-part because the claim was received within a year of separation/BDD claim.

IMPORTANT NOTES:

• You do NOT need all three of those elements when you file your claim, as 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 elements 1 and 2 BEFORE you file, to increase the chances of getting service-connection.
• If you file while on Active Duty or within a year of separation and you had an in-service complaint/treatment in your records, the VA does NOT need a medical opinion to satisfy element 3, barring Preexisting conditions and Undiagnosed MUCMIs.(M21 V.ii.2.A.1.c)
• There are also certain conditions that Veterans often don't think they can claim but should be aware of. ClickHERE to view a list of commonly overlooked conditions.

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 VA with aVA Form 21-4142/21-4142a (records release).

IMPORTANT NOTES:

• ALL evidence obtained by the VBA or sent to the VBA is scanned into a virtual Claim File (C-File). Evidence is NOT linked to any one claim or Appeal! It is simply dumped into your c-file.
• 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. Submitting duplicate evidence can make your claim harder to process (and makes VBA employees more likely to overlook something).
• If the private medical provider charges VBA for copies of your records, the VBA WILL refuse to pay and will cancel the request. If this happens the VBA will let you know and tell you that it is now your responsibility to provide these records.
• VBA CAN generally access your VA Medical Records and Federal Medical Records (treatment at a military facility - even if seen AFTER separation)
  • As mentioned above, VBA CANNOT access Vet Center Records without you completing a release.
  • It is NOT necessary to submit your own VA Medical Center Records to the VBA since they can freely get those records.
  • In the case of Community Care Medical Records, it is VERY inconsistent as to if they send records back to the VHA (so VBA can then get them). Therefore, it is a good idea to either give those records to the VBA yourself or give the VBA a release so they can request them.

For Veterans who would like to obtain their own Service Treatment Records you have a couple of options available to you: If the how to obtain is an address/fax number it means you must complete anSF 180 and send it to that address/fax number. Alternatively, if you have already filed a claim you can Request your claim file for the records.

*6/1/1994, if discharged or retired from the Reserve or National Guard.

IMPORTANT NOTES:

• Do NOT request these records to submit them with your claim! As the VA will themselves make their own request. And will likely get a response much faster than if you did it anyway. HOWEVER, if you have your own copies of things (not from your own request for the records) - you SHOULD provide the VA a copy as it is not unusual for DoD to misplace things.
• 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. This is assuming of course they didn't destroy them or completely lose them.
• Private Medical Records (treatment outside a military provider) ARE considered STRs if the treatment/care was during a period of Active Duty. However, Private Medical Records are generally NOT included into your STRs unless YOU had them added. Meaning, it is generally a good idea to obtain the records yourself or giving the VA a Release to have them attempt to get the records for you.

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:

*You will need to submit a request to NPRC.

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

• 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 aVA 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 forPTSD the following form is generally REQUIRED:
  • Statement in Support of Claimed Mental Health Disorder(s) due to an In-Service Traumatic Event(s)VA Form 21-0781 .

NOTES:

• The VBA CAN access your VHA medical records themselves, so it is NOT necessary to upload them as apart of your claim!
  • HOWEVER, Vet Center notes (you MUST give the VA Written permission to access these notes!)
• Maximum file size allowed for uploading documents online is 50MB.

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

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/examiner missing something! This holds especially true for those of us whose records are primarily chicken-scratch doctor handwriting and/or crappy quality microfiche 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.

• Right Knee documents:
  • STRs: Pages 2-10.
  • Private Medical Records - Dr. Pepper: Pages 11-20.
  • Personal Statement: Pages 21-23.
• PTSD documents:
  • STR: Page 2.
  • DD-214 - Purple Heart: Page 3.
  • Statement in Support of Claimed Mental Health Disorder(s) due to an In-Service Traumatic Event(s)VA Form 21-0781 : Pages 4-7.
• Back documents:
  • STRs: Pages 2-102.

If you have a condition that started due to an incident that occurred during a Special Operation or otherwise Classified Mission.

• ClickHERE to learn about additional information you need to provide the VA.

Please review the Rating Schedule to see if your current level of disability qualifies for an increase.

• 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 Clear and Unmistakable Errors (CUEs) 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 with your claim!

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.
  • An attorney, claim agent, or VSO/POA CANNOT sign an original (first ever VA disability) application!(M21 I.i.2.A.4.b)
• Using the incorrect form.
• Using an expired form.
  • Expiration is not set by the expiration date on the form; it is based from 1 year from the release of the new version. Come expiration time, it is a good idea to check for a new version, as that is when the VA generally does release a new version - but this is not always the case. (M21 II.i.2.B.4.b)
    • Electronic VA forms completed and submitted on VA websites/systems can NEVER be considered expired.
    • VSOs ARE allowed to submit using expired forms with no limit… but if your VSO is dealing in expired forms RUN! Shows a major lack of professionalism. (M21 II.i.2.B.4.a)
• Forgetting to write the correct dates or any dates at all.
• Submitting an appeal before your claim has closed.

For those who want extra considerations.

Veterans who meet certain conditions can file for priority processing.

• ClickHERE for more information.

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.

There are several ways to file a claim.

• Using a Veterans Service Officer (VSO).
  • To find a VSO near you click Here.
• Online
  • At VA.gov.
• Online alternative
  • Complete VA-Form 21-526EZ and submit it HERE.
• Fax
  • 844-531-7818
• In person
  • Complete VA-Form 21-526EZ and submit it to your nearest VA Regional Office.
• By mail
  • Submit VA-Form 21-526EZ to:

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!

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!

• Filing an Appeal
• Stages of a Claim
• Benefits Delivery at Discharge (BDD)
• Duty to Assist
• Compensation and Pension Exams
• Insight into the Claims Process (VBA Perspective)
• Examiner Insight
• Effective Dates
• Individual Unemployability
• Understanding Rating Decisions

• 38 CFR § 3.151 - Claims for disability benefits
• 38 CFR § 3.155 - How to file a claim
• 38 CFR § 3.159 - Department of Veterans Affairs assistance in developing claims
• M21-1, Part III, Subpart i, Chapter 1, Section B - Service Requirements and Verification of Eligibility
• M21-1, Part III, Subpart ii, Chapter 2, Section A - General Information on Service Records
• M21-1, Part III, Subpart ii, Chapter 2, Section F - Fire-Related Records, Supplementary or Substitute Records, and Records for Unique Situations
• M21-1, Part III, Subpart ii, Chapter 3 - Requesting Evidence From Private Health Providers (PHPs)
• M21-1, Part IV, Subpart i, Chapter 1, Section A - Duty to Assist With Providing a Medical Examination or Opinion
• M21-1, Part IV, Subpart i, Chapter 1, Section B - Evidentiary Standards for Finding an Examination or Opinion Necessary
• M21-1, Part V, Subpart ii, Chapter 2, Section A - Direct Service Connection (SC) and Service Incurrence of an Injury
• M21-1, Part V, Subpart ii, Chapter 3, Section C - Reviewing Diagnoses
• M21-1, Part X, Subpart i, Chapter 5, Section A - Establishing Veteran Status Based on Merchant Marine Service
• M21-1, Part X, Subpart i, Chapter 6, Section F - Integrated Disability Evaluation System (IDES) Development and Examinations