VA Disability Claims Guide

A VA disability claim is a formal request to the Department of Veterans Affairs for compensation for injuries or conditions that were caused by, or made worse by, your military service. If approved, you receive a monthly tax-free payment based on your disability rating.

• You served on active duty, active duty for training, or inactive duty training
• You have a current disability (physical or mental)
• There is a connection between your disability and your military service
• You were discharged under conditions other than dishonorable

Nearly any physical or mental health condition can be claimed if it is connected to your service. Common claims include:

A secondary claim is for a condition that was caused by or permanently worsened by a disability the VA already recognizes as service-connected. Secondary conditions are rated separately and added to your combined rating. This is one of the most commonly missed ways to increase your rating.

You file a secondary claim using the same VA Form 21-526EZ. You need three things: a current diagnosis, an already service-connected condition, and a medical nexus letter linking the two. For aggravation claims (the secondary condition existed before but was made worse), the VA establishes a baseline severity and only rates the degree of worsening.

Common secondary conditions:

Presumptive secondaries for TBI: Veterans with service-connected moderate or severe TBI have presumptive secondary service connection for Parkinsonism, unprovoked seizures, certain dementias (within 15 years), depression (within 3 years for moderate/severe; 12 months for mild), and hormone deficiency diseases (within 12 months).

TDIU allows the VA to pay you at the 100% compensation rate even if your combined rating is less than 100%, when your service-connected disabilities prevent you from maintaining substantially gainful employment.

Schedular TDIU requirements (38 CFR 4.16(a)):

• Single disability rated 60% or more, OR
• Multiple disabilities with at least one rated 40%+ and a combined rating of 70%+
• Plus you must be unable to secure or follow substantially gainful employment due to those disabilities

Special counting rules: Disabilities from a common cause, affecting a single body system, or involving both arms or both legs can count as a "single disability" for meeting thresholds.

Extraschedular TDIU (38 CFR 4.16(b)): If you don't meet the rating thresholds but are still unemployable due to service-connected disabilities, your case can be referred to the Director of Compensation Service for extraschedular consideration.

"Substantially gainful employment" means more than marginal income. Earning below the federal poverty threshold (approximately $15,060/year) or working in a protected environment (family business, sheltered workshop) is considered marginal — not substantially gainful.

How to file:

• Submit VA Form 21-8940 (Application for Increased Compensation Based on Unemployability)
• Former employers complete VA Form 21-4192 (Request for Employment Information)
• Include medical evidence showing how disabilities prevent work, vocational expert opinions if possible, and lay statements about work limitations

Key facts: TDIU can qualify dependents for Chapter 35 DEA education benefits and CHAMPVA healthcare if considered permanent and total. Veterans on TDIU may also be eligible for SMC-S (housebound) if they have an additional independent disability rated 60%+. If you begin earning above the poverty threshold in non-protected employment, the VA may propose discontinuing TDIU with 60-day notice.

The VA assigns a disability percentage to each condition (0%, 10%, 20%, ... up to 100%). If you have multiple conditions, they are combined using "VA math" — they don't simply add up. Each new rating is applied to your remaining healthy percentage. The result is rounded to the nearest 10%.

An Intent to File notifies the VA that you plan to file a claim. It protects your effective date — the potential start date for your benefits — while giving you up to 1 year to gather evidence and submit your complete application. If your claim is approved, you may receive retroactive pay back to your ITF date.

How to submit an ITF:

• Online at VA.gov (start filing and the ITF is created automatically)
• By phone — Call 800-827-1000
• By mail — Submit VA Form 21-0966

The 1-year deadline is critical. If you don't file your complete claim within 1 year, the ITF expires and your protected effective date is lost. You can file a new ITF immediately, but your effective date resets. Missing this deadline does not prevent you from filing — it only affects when your benefits would start.

You can submit an ITF for multiple benefit types (compensation, pension, DIC) on the same form. If you file multiple claims for the same benefit type within the 1-year window, only the first claim filed will be associated with that ITF.

1. Gather your evidence — Service medical records, current medical records, buddy statements (VA Form 21-10210) from fellow service members or family who can attest to your condition or its impact on daily life.
2. Get a nexus letter — A letter from a licensed medical professional stating that your current condition is "at least as likely as not" (50% or greater probability) connected to your military service. The letter should include a detailed rationale citing your records and medical literature. Costs typically range from $500 to $3,000 depending on complexity. This is one of the most important pieces of evidence.
3. File online or by mail — File through VA.gov using form VA 21-526EZ, or work with a Veterans Service Organization (VSO) who can file on your behalf.
4. Attend your C&P exam — The VA will likely schedule a Compensation & Pension exam to evaluate your condition.
5. Wait for your decision — Processing time varies. You can check your status on VA.gov.

The effective date is when your benefits start. Understanding these rules can mean thousands of dollars in retroactive pay.

• Original claims: The date VA received your claim OR the date entitlement arose (when the condition was diagnosed or became disabling), whichever is later
• 1-year-from-discharge rule: If you file within 1 year of separation, your effective date can be the day after discharge — this can result in months of additional back pay
• Intent to File: If you have an active ITF and file within the 1-year window, your effective date can be the ITF date
• Supplemental claims: Generally the date VA receives the supplemental claim. Exception: if based on newly discovered service department records, the date may relate back to the original claim
• Increased ratings: If an increase is factually shown within 1 year before the claim, the effective date can be when the increase occurred
• Presumptive conditions: Special rules apply depending on when the condition manifested relative to the presumptive period
• Liberalizing law changes (e.g., PACT Act): If you file within 1 year of the law's effective date, the effective date can be when the law changed. If you file later, the effective date may be up to 1 year before your claim date.

Back pay is calculated from your effective date to the date VA approves your claim, paid as a tax-free lump sum. VA uses historical compensation rates for each month in the retroactive period. Deductions may apply for attorney fees (capped at 20% of past-due benefits), existing VA debts, or military separation/severance pay recoupment. Back pay is typically deposited within 15 to 45 days of the decision.

Strong evidence is the difference between approval and denial. The three pillars of a VA claim are: a current diagnosis, an in-service event or exposure, and a medical nexus connecting the two.

Buddy Statements (Lay Evidence)

Written statements from people with firsthand knowledge of your condition — fellow service members, spouse, family, coworkers. Use VA Form 21-10210 (Lay/Witness Statement). Lay evidence can establish observable symptoms (pain, limping, mood changes), continuity of symptoms over time, and how the condition impacts daily life and work. Under Jandreau v. Nicholson (2007), lay evidence is legally competent for conditions observable without medical training. Be specific: use dates, describe behaviors, and explain your relationship to the veteran. Each statement must be signed and dated.

Nexus Letters

A nexus letter from a licensed medical professional states that your condition is "at least as likely as not" (50% or greater probability) connected to your service. A strong nexus letter includes: the correct opinion language, a detailed medical rationale citing records and literature, documentation of which records were reviewed (service records, VA records, private records), the provider's credentials and specialty, and addresses potential counterarguments. Avoid speculative language like "possibly" or "may be" — the VA will dismiss these. Combining a nexus letter with a completed DBQ (Disability Benefits Questionnaire) gives the VA both the medical opinion and clinical findings needed for rating.

VA's Duty to Assist

Under 38 USC 5103A, the VA is legally required to help you obtain evidence. They must request your service treatment records, VA medical records, and relevant Social Security records. They must make as many requests as necessary for federal records. They must also make reasonable efforts to get private medical records you identify, and provide a C&P exam when there is evidence of a current disability, an in-service event, and an indication the two may be connected. If the VA fails its duty to assist, you can challenge this on appeal — the Board of Veterans' Appeals must remand the claim for correction. Exceptions: the duty to assist does not apply to CUE claims or Higher Level Reviews.

The Compensation & Pension exam is a medical evaluation ordered by the VA to assess the severity of your claimed conditions. It is not a treatment appointment. Be honest about your worst days, not just your best days.

You have options if your claim is denied:

• Higher Level Review (HLR) — A senior reviewer looks at the same evidence for errors.
• Supplemental Claim — Submit new and relevant evidence to reopen your claim.
• Board of Veterans Appeals (BVA) — Appeal to a Veterans Law Judge.
• Court of Appeals for Veterans Claims (CAVC) — The last level of appeal.

A CUE claim is different from a standard appeal. It allows you to challenge a final VA decision — even one from decades ago — if it contained an obvious error of fact or law that would have changed the outcome. There is no time limit to file.

If successful, the effective date goes back to the original decision date, which can mean significant retroactive back pay. However, the legal standard is extremely high — the error must be “undebatable” — and the VA has no duty to assist with CUE claims.

Important: CUE claims against Board of Veterans' Appeals decisions are limited to essentially one attempt per issue. A poorly prepared CUE motion can permanently close that avenue. Most veterans law attorneys strongly recommend legal representation for CUE claims.

• Document everything — every doctor visit, every symptom, every bad day
• Never minimize your symptoms at a C&P exam
• You can file your own claim on VA.gov — you don't need to pay anyone
• File for everything that is connected to your service, even if it seems minor
• Don't give up if you're denied — appeals are common and often successful

• Filing without gathering sufficient evidence first
• Not getting a nexus letter
• Downplaying symptoms during C&P exams
• Missing your C&P exam appointment
• Not checking your claim status regularly
• Not filing secondary claims for conditions caused by a service-connected disability

Certain veterans and survivors can request expedited processing of their claims. If you qualify, your claim moves to the front of the line.

Who qualifies for priority processing:

• ALS (amyotrophic lateral sclerosis) — automatic priority
• Terminally ill veterans
• Homeless veterans or veterans at risk of homelessness
• Veterans age 85 or older
• Veterans with cancer related to toxic exposure
• Medal of Honor recipients
• Purple Heart recipients
• Extreme financial hardship (unable to pay for food, housing, or other basic needs)
• Former POWs

To request priority processing, submit VA Form 20-10207 (Priority Processing Request) along with your claim or separately if you already have a pending claim. You can also call 800-827-1000 to request it by phone.