Notes for VA Claimants

Filing With the VA Yourself

Filing your own or a relative's disability, pension, or other claims with the VA is perfectly fine.  Here are a few tips for you as you go through it.  

If you find that you need help, remember that you DON'T need to hire an attorney or some Veteran service company.  You can get free help from a number of sources.  Besides us, you can go the the VA, the Kentucky Department of Veterans Affairs, The DAV, AMVETS, and other organizations.  

• Before starting down this road, be sure you have the Veteran's DD-214 (discharge papers).  You may very well need this and it can take a while to get. Go through The National Archives to get it for free.
• If you are a spouse, child, or other relative completing claims for a Veteran, be sure to contact the VA and get registered with them as the VA's representative.
• There are 3 things you MUST have for each health issue when you file a disabiltiy claim:
  • A diagnosis.  Do not list "sore back" as an issue for which you want to get disability.  Go to a doctor, get an exam, and get an actual disgnosis.
  • Service connection.  Any issue must be caused by an in-servce event OR must have started while in service OR is aggravated by something to do with the service.
  • Nexus.  There must be a "nexus" (or link)  between the diagnosis and the service.
• If making a claim for a worsening condition.  Keep in mind that except for the conditions below, if you file for a rateing increase for a previosuly rated condition, they can also decrease or even end benefits for it if they think the condition has improved.  
  • If you are over 5 years out from your rating the VA can re-evaluate it only if your condition is expected to show improvement over time.
  • If you rating has been in place 10 years or more, your rating can be reduced but it cannot be eliminated.
  • If the rating was 20 or more years ago, your rating cannot be reduced.
  • Any condition consdiered permanent (referred to as "static" and any P&T (Permanent and Total) ratings are exempted from re-evaluation.
  • Any suspected fraudulent activity can be reviewed any time.
• Use the latest form version.  VA's forms can change VERY often and without warning or notice so be sur eyou haeve the latest version.  They can all be found on the VA website at https://www.va.gov/find-forms/.  Only use forms from that site.  Other sites have them but they may not be up-to-date.
• When you do the paperwork, be sure to read everything on the form and carefully follow the instructions for each part of the form.  Some parts are required, others are only required under certain conditions, and some answers require the submission of one or more other forms.
• The first form.   When you first decide to file a disability or pension claim, the first thing you want to do is file an "Intent to File".  This sets the effective date of any award you may get to the date the VA got your Intent.  You then have up to 1 year to file your claim and your effective date is still goiung to be the date you filed your Intent.  This can add a significant amount to your claim benefit if one is awarded.  You can do this just by calling the VA or you can go to  https://www.va.gov/resources/your-intent-to-file-a-va-claim/ and do it online or download a paper form you can fax or mail in.  We recommend the online version as it is easy and will provide a receipt.
• Next Forms.  To get an idea of the most commonly needed forms, go to our VA Common Forms page.  It will help you get started.
• Use "Buddy Statements" for disability claims.  Buddy statements, aka :Lay Statements", are letters from people that know and/or served with the Veteran.  These can be in a normal letter format or, preferrably, they can be written on VA form 21-10210.  These statements must only contain observations of the condition or behaviors and how the  condition affects the Veteran's life.  It MUST NOT contain any medical options, judgements, or diagnosis.  These statements can make all the difference in the success of the claim.
• Dependents.  Be sure the VA is notified of current dependents and keep them updated on any changes using VA form 21-686c either with paper or online.  Some benefits are increased qutomatically if you have dependnents.  Sometimes getting these updates into the system take a VERY long time.  When other, more critical claims are backlogged, these tend to take a back seat.
• VA letters.  Read every word of any letters you get from the VA.  If they need any more info from you, they will tell you and there are time limits for your response to their requests.  If you are denied, they will tell you why.  If you disagree with a disability rating, you only have 1 year to appeal.  In some cases you may have as little as 30 days to respond with requried information.  Pay attention to what they send you and the deadlines!
• Exams.  If the VA schedules yuou for an exam, be sure you go.  Failure to do so will likely kill your claim.  Read the info you get abourt your exam.  You can most likely change the location, date, and/or time if there is a scheduling conflict.  Also, do not go into the exam like everything is fine and hide your aches, pains, or what have you or downplay them in any way.  The examiner will likely be observing every move you make and everything you say and do to help evaluate your condition to make a report to the VA.  A misspoken or unintentional word or seemingly innocent movement can be enough to have an examiner y just the thing that will kill your claim.
• Qualifications.  Be careful about reading qualifications for benefits.  Some benefits have no income or net worth requirements, others do.  Some benfits require wartime service, others don't.  DO NOT waste your time applying for what you don't qualify for.  If you aren't sure, get help as mentioned below.
• Don't assume or guess about anything.  If you need help figuring out what to do, contact a VSO, Veteran Center, the Kentucky Department of Veterans Affairs, or the VA.  All of these resources will help you for free and are trained and accredited by the VA.  In our case we also get periodic training from the Legion and Legal teams used by the Legion.  You do not have to be a member of a Veteran service organization like the DAV or the Legion to get help from them.

Many people will tell you otherwise, but the VA is not looking for any reason or excuse to deny your claim.  In fact, they have legal mandates to help you in many ways and even award some benefits you had no idea you qualified for if they become aware of them. 

However, they do have very strict rules in place, encoded in law by the U.S. Congress and clarified by Federal Courts, to determine what qualifies for benefits and what benefits are awarded under specific conditions.