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 — you can also enroll in VA healthcare once your claim is filed

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 of moderate or severe TBI), and hormone deficiency diseases (within 12 months of moderate or severe TBI).

If a service-connected condition has gotten worse since VA last rated it, you can file a claim for increase using VA Form 21-526EZ. Key strategies include submitting a condition-specific DBQ from your treating provider, filing secondary claims for conditions caused by your service-connected disabilities (38 CFR 3.310), and leveraging the one-year look-back rule for earlier effective dates (38 CFR 3.400(o)(2)).

Important risk: When you file for an increase, VA may examine all your service-connected conditions — not just the one you claimed. If other conditions have improved, VA can propose to reduce those ratings under 38 CFR 3.105(e). Protections exist for ratings held 5+ years (38 CFR 3.344) and 20+ years (38 CFR 3.951).

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 (updated annually — check aspe.hhs.gov for the current amount) 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.

Special Monthly Compensation (SMC) is additional VA compensation paid to veterans with especially severe disabilities, specific anatomical losses, or combinations of disabilities that go beyond the standard 0–100% rating schedule. SMC levels range from SMC-K (most common, added on top of base rates) to SMC-R and SMC-T (highest-level aid and attendance).

• SMC-K: $139.87/month per qualifying loss — stackable, added to base rates
• SMC-S (Housebound): $4,408.53/month — 100% for one condition + separate 60% (often granted automatically)
• SMC-L (Aid & Attendance): $4,900.83/month — for veterans needing regular aid and attendance
• SMC-M through O: Progressive rates for severe anatomical losses
• SMC-R/T: Highest rates ($9,826.88–$11,271.67/month) for veterans needing professional-level care

Permanent and Total (P&T) is a VA designation meaning the veteran's disability is both total (rated 100% or receiving TDIU) and permanent (reasonably certain to continue for life). Not all 100% rated veterans are P&T — VA must separately determine that improvement is not expected.

Benefits unlocked by P&T: Chapter 35 DEA education benefits for dependents, CHAMPVA healthcare for family, Space-A military flights (U.S. territories only), state property tax exemptions, commissary/exchange access, no routine future VA reexaminations, and comprehensive VA dental care.

Protection rules: P&T ratings are very rarely reduced. The 5-year rule (38 CFR 3.344), 10-year rule (38 CFR 3.957), and 20-year rule (38 CFR 3.951) provide layered protections. After 20 years, a P&T rating can only be reduced for fraud.

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. See our compensation rates page for current payment amounts by rating level.

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 (under 38 USC 5904(d), the VA can directly pay attorneys up to 20% of past-due benefits, though contingency fee agreements may be up to 33.33% — one-third — of past-due benefits by contract), 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.

After the VA decides your claim, you receive a rating decision letter with your disability rating, monthly payment amount, effective date, and appeal rights. The full rating decision includes diagnostic codes, the codesheet (the definitive record of your rated conditions), and the combined rating calculated using "VA math" under 38 CFR 4.25.

Understanding how to read your rating decision — including diagnostic codes, the bilateral factor, deferred conditions, and static vs. non-static ratings — helps you spot errors that could mean a higher rating or additional benefits.

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.

If you've exhausted normal VA channels and your claim is still stuck, your elected representatives can help. A congressional inquiry is a formal request from your U.S. Representative or Senator to VA's Office of Congressional and Legislative Affairs (OCLA). It cannot change the outcome of your claim, but it ensures your case receives proper attention and due process.

Key facts: You can contact your House representative and both Senators simultaneously. You'll need to sign a privacy release (VA Form 21-0845) authorizing access to your records. Most offices have a dedicated veterans' caseworker who handles the process on your behalf.

• 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
• Very Seriously Injured/Ill (VSI) or Seriously Injured/Ill (SI) service members or veterans

To request priority processing, submit VA Form 20-10207 (Request for Priority Processing for an Existing Claim) along with your claim or separately if you already have a pending claim. The form asks you to identify the qualifying category and attach supporting documentation (medical evidence of terminal illness, proof of homelessness, etc.). You can file it online at va.gov, by mail, or by calling 800-827-1000.

VA's internal procedures for handling priority claims are set out in M21-1, Part X, Subpart i, Chapter 1 (Priority Processing Programs). Priority processing accelerates the timeline for a decision — it does not guarantee a favorable outcome.

VA Form 20-10207; M21-1, Part X, Subpart i, Ch. 1

When you file a disability claim, VA sends a notification letter listing the evidence it plans to gather and typically allows a 30-day window (within the broader 1-year evidence development period) for you to submit additional evidence before a decision is made. On claims.va.gov, you may see an "Ask VA to Decide" option on your claim status page.

Clicking this button signals to VA that you have submitted all of the evidence you intend to submit and that you want VA to proceed to a decision based on what is already in the claims file. It effectively waives the remaining evidence-gathering period. The same concept is built into the Fully Developed Claim (FDC) certification checkbox on VA Form 21-526EZ, and can also be triggered by submitting VA Form 21-4138 (Statement in Support of Claim) stating you have no additional evidence.

When it can speed things up:

• All of your VA treatment records are already accessible through CAPRI/VistA
• You have already submitted private medical records, DBQs, and any nexus opinions
• Service treatment records are already in the claims file

When NOT to use it:

• You are still waiting on private medical records, buddy statements, or a nexus letter
• You have not yet reviewed what VA has actually gathered on its end
• You are unsure whether your claim is fully developed — an accredited representative should review the file first

Under VA's duty to assist (38 CFR 3.159) and procedural due process rules (38 CFR 3.103), VA still must develop the record where evidence is reasonably identifiable — but clicking "Ask VA to Decide" tells them you are not adding anything further. If important evidence is missing, the decision may come back as a denial or a lower rating, and you will then need to pursue a supplemental claim or appeal.

VA Form 21-526EZ (FDC); 38 CFR 3.159; 38 CFR 3.103

VA operates 56 Regional Offices (ROs) across the United States and territories. When you file a claim, it is initially associated with the RO serving your state of residence — this is called your "station of jurisdiction" and it determines which office is responsible for your claims file, official correspondence, and in-person hearings. Claims jurisdiction and transfer rules are set out in M21-1, Part II, Subpart ii, Chapter 3.

The National Work Queue (NWQ)

Since the launch of the National Work Queue, individual claim processing steps (development, rating, authorization) are electronically distributed across all 56 ROs based on available capacity rather than being locked to your home RO. Because VBMS is fully paperless, any authorized rating specialist can work any claim regardless of location. A veteran living in Florida might have their claim rated by a specialist in St. Paul or Waco. This is why the office listed on your decision letter may not match your home RO.

Specialized Processing Centers

Certain claim types always go to specialized offices rather than the general NWQ:

• Pension Management Centers (PMCs) — Philadelphia, Milwaukee, and St. Paul handle all pension claims, including Aid & Attendance and Housebound.
• Education Regional Processing Offices (RPOs) — Four offices (Buffalo, Atlanta, St. Louis, Muskogee) process GI Bill and education claims.
• Fiduciary Hubs — Six regional hubs handle fiduciary appointments, field exams, and oversight.
• Insurance Center (Philadelphia) — Administers VA life insurance programs (VGLI, S-DVI legacy).
• Predischarge Claims offices — Handle Benefits Delivery at Discharge (BDD) and Quick Start claims for transitioning service members.
• Appeals Management Office — Centralized resources for Higher-Level Reviews. The Board of Veterans' Appeals (BVA) operates from Washington, D.C.

When Jurisdiction Actually Matters

• In-person hearings — These are held at your station of jurisdiction, not wherever the NWQ happened to rate your claim.
• Contacting your RO — Correspondence and physical files are tied to your home RO.
• Moving during processing — A permanent address change may trigger a transfer of your file to the new RO, though the NWQ may keep the processing work where it started.

You can check the current status and office handling your claim at va.gov/claim-or-appeal-status. A full list of regional offices is available at benefits.va.gov/benefits/offices.asp.

M21-1, Part II, Subpart ii, Ch. 3; VA National Work Queue

Forms for This Topic

The official VA forms relevant to this page, in one place. Select a form to view, download, or add it to your report.

• VA Form 21-526EZ — Application for Disability Compensation and Related Compensation BenefitsUse VA Form 21-526EZ when you want to apply for VA disability compensation (pay) and related benefits.
• VA Form 21-8940 — Veteran's Application for Increased Compensation Based on UnemployabilityUse VA Form 21-8940 if you want to apply for Individual Unemployability disability benefits for a service-connected condition that prevents you from keeping a steady job.
• VA Form 21-4192 — Request for Employment Information in Connection with Claim for Disability BenefitsUse VA Form 21-4192 if you’re a Veteran and you need your most recent employer to send us information so you can apply for Individual Unemployability disability benefits.
• VA Form 21-0966 — Intent to File a Claim for Compensation and/or Pension, or Survivors Pension and/or DICUse VA Form 21-0966 if you’re still gathering information to support your claim, and want to start the filing process.
• VA Form 21-10210 — Lay/Witness StatementUse VA Form 21-10210 to submit a formal statement to support your VA claim—or the claim of another Veteran or eligible family member.
• VA Form 20-10207 — Priority Processing RequestUse VA Form 20-10207 to request priority processing for your claim due to certain qualifying circumstances or status.
• VA Form 21-4142 — Authorization to Disclose Information to the Department of Veterans Affairs (VA)Use VA Form 21-4142 to give us permission to obtain your personal information from a non-VA source like a private doctor or hospital.
• VA Form 21-0781 — Statement in Support of Claim for Service Connection for PTSDUse VA Form 21-0781 if you’ve been diagnosed with PTSD (posttraumatic stress disorder) and want to apply for related benefits or services.
• VA Form 20-0995 — Decision Review Request: Supplemental ClaimUse VA Form 20-0995 if you disagree with a VA decision and want to provide new evidence to support your claim.