How To File A VA Disability Claim Appeal

Filing a VA benefit claim can be a complicated process, so it is important to understand all the steps you need to take before you begin. Careful attention to each step will increase your chances of a successful outcome for your claim.

You may be filing a claim for an initial disability ruling or for an increase in disability compensation. In either case, the steps are similar:

  • Determine if you are eligible for disability compensation. The VA offers eligibility guidelines to help you make this decision, but if you are in doubt, it is often best to consult an attorney to help you with your claim. Many eligible veterans never receive benefits simply because they fail to file claims for disability.
  • Complete all claim forms and sections. Many VA forms are multi-page and require supporting documentation. Be sure to gather everything asked for; leaving off any information can delay your claim or even cause it to be rejected altogether. The VA offers help to determine if your claim meets the requirements for filing.
  • Be sure to include any additional forms you may need to ensure your claim is processed. The VA offers help on additional forms that are often required to be filed with a claim for certain types of benefits.

At a minimum, you can expect to provide:

  • Medical and hospital records. You will want to provide copies of all of your medical records since leaving military service, even if they are not directly related to your injury or illness, if there is any chance that they could support your claim. An attorney who specializes in VA disability claims is a great resource to help you determine which medical records are best to support your filing.
  • Supporting statements. In many cases, the VA will want supporting statements from people who know you and have witnessed the effects of your injury or illness. These could be family members, friends, people you have worked with, members of law enforcement, civic organization members, clergy or anyone who has had contact with you and can provide support for your claim.
  • DD214. Of course, you will need to provide a copy of your DD214 and any records of treatment you received during your time in the service.

It is important to submit your claim as completely as possible the first time. The VA may be able to decide your claim in as little as 3-4 months if they have less development to do. Additionally, the VA may also request that you schedule an exam with health care professionals of their choosing to complete your Compensation and Pension examination.

Should I File an Intent To File (ITF)?

An intent to file form puts the VA on notice that you will be filing a claim and gives you time to gather evidence while preserving your date of claim. The date of claim may differ from the effective date assigned for any service-connected disability you may be granted, so it’s important not to confuse the two. When you are awarded service connection, you may be eligible for an earlier effective date depending on your individual circumstances, however the effective date should never be later than the date the VA received your ITF.

However, there may also be reasons not to submit an intent to file form. Consulting an attorney can help you make the right decision.

After You File

After filing your claim, you will not have to do anything until you are notified by the VA. The VA’s goal is to process claims for service connection in 125 days.