VA BENEFITS CLAIMS PROCESS

Many of the calls and emails received by the Committee are questions about the VA Benefits Claims Process or requests for help in resolving a claim.

HELP WITH A CLAIM

If you are seeking help in resolving a specific problem with VA, we recommend that you contact one of the Senators from your home state.  Each Senator employs trained professionals who specialize in assisting constituents with federal processes such as VA and Social Security applications. 

If you are from  Alaska, Georgia, Hawaii, Illinois, Mississippi, Montana, Nebraska, North Carolina, Ohio, Pennsylvania, South Carolina, Vermont, Virginia, Washington,  or West Virginia, then one of your Senators is on the Committee on Veterans’ Affairs.  Please Click Here for our membership list, and contact your home state Senator.  Members of this Committee have staff who focus specifically on veterans’ issues.

If you are not from one of the states listed above,  please click on: My United States Senator.  

 Requests for assistance received by the Committee will be forwarded to the attention of your home-state Senator. 

APPLYING FOR SERVICE-CONNECTED DISABILITY FROM VA

Am I eligible for VA service-connected disability compensation?

If you served on active duty in the Armed Forces (including being deployed while serving in the National Guard or Reserve), were discharged under conditions other than dishonorable, and believe that you developed a disability or aggravated a preexisting disability, during or as a result of military service, you may be eligible for VA disability compensation.  In some circumstances, veterans of the National Guard or Reserve whose disabilities are related to military training may also qualify. 
In addition, veterans who have a service-connected disability that led to an additional disability may receive compensation for that disability.  Veterans who have a non-service connected disability which is aggravated by a service-connected disability may also qualify for compensation.  Veterans who are disabled as a consequence of receiving care at a VA hospital or during vocational rehabilitation may also qualify for compensation. 
There is no time limit for filing an application for disability benefits, but waiting may make the claim harder to prove since records could be lost or destroyed.  Benefits are not retroactive, so an application should be filed as soon as there is evidence of a disability.

How do I apply for service-connected disability compensation?

Download VA Form 21-526, Veteran’s Application for Compensation and/or Pension, or access the web-based application at the Veterans ON-line Application (VONAPP) website.   This document can be printed out and mailed to the appropriate VA Regional Office or submitted online via VONAPP.

Fill out this form in FULL.  List ALL disabilities for which you are claiming service-connection, including all information you have on treatment dates and locations.  Include any information concerning environmental exposures, combat or activities that you believe are related to the disabilities being claimed.  If a section is not applicable, mark “N/A”, rather than leaving it blank.

You may also send a letter to VA stating that you wish to apply for service-connected compensation benefits.  You will need to complete the application within one year from the date of your letter in order for such a letter to be treated as the original date of your application.

Can I get help with my application?

Many veterans service organizations are accredited by VA to assist with applications for benefits (a full list is available by Clicking Here.) In some locales, county and state veterans service officers provide free help with VA claims.  You can call 1-800-827-1000 and ask what service officers are available in your area.  You may not pay an attorney for services relating to the filing of your original claim.

What should I submit with my application?

• Service medical records and all other medical records relevant to the disability you are claiming.  VA will try to get these records if you do not have them, but it saves time if you gather them yourself.  When gathering your medical records, it is important to remember that there are three basic requirements for proving that a condition is service-connected:
1. You must have a current disability or symptoms of a disability.
2. There must be evidence of a disability in service or of an incident or event during military service which could relate to the current, claimed disability.
3. There must be medical evidence of a link (sometimes called a “nexus”) between the in-service disability or the incident or event and your current disability.
• Information about your family.  If you have a spouse or other dependents, complete all information on the form including Social Security numbers, dates and location of birth, marriage, divorce or death of previous spouses, and court records of adoption.

• Proof of disability for an adult child who became disabled during childhood.

• DD Form 214, Certificate of Release or Discharge from Active Duty, or other separation papers

If you do not have a copy of your DD Form 214, you may submit Standard Form 180 (SF 180), Request Pertaining to Military Records, to

National Personnel Records Center
Military Personnel Records
9700 Page Avenue
St. Louis, MO 63132-5100
Fax: (314) 801-9195
Online: National Archives’ eVetRecs website.

Where do I send my application?

Photocopy the complete application, including DD Form 214, completed VA Form 21-256, and all supporting materials and KEEP A COPY for your records.  If you do not submit the application on line, mail the application and all supporting materials to your nearest VA regional office.  Be sure to put your file number or Social Security number on all documents you submit in person or by mail.  You can find the mailing address in the telephone book or by Clicking Here. 

What happens next?

After VA receives and reviews your application, it will send you a letter stating what, if any, additional evidence is needed to support your claim, what part of that additional evidence you are responsible for getting, and how VA will help with gathering material.  You will receive a decision on your claim after VA obtains all the information and evidence.

Additional information on the claims adjudication process may be obtained by Clicking Here. 

What do I do if I do not agree with VA’s decision?

You can file a “Notice of Disagreement” in writing with VA.  This notice must be received by VA within one year of the mailing of the decision being appealed.  If you do not appeal within that time period, you will be required to submit “new and material” evidence to reopen your claim. 

If you do not appeal within one year and new and material evidence is received after the one year period, your benefits will only be paid from the date of the reopened claim. You may also pay an attorney or work with the veteran service organization of your choice in preparing your appeal.  VA’s pamphlet concerning appeals may be found by Clicking Here.

Disclaimer

The above information is general information provided for overall guidance only.
It is not intended to constitute legal advice for a particular veteran and should not be relied upon for that purpose, as individual circumstances may affect rights and procedures in individual cases.  For additional guidance, please consult your regional VA office, a veterans’
service organization, or an attorney specializing in veterans’ benefits issues,
who may be able to help advise you on your particular situation.