Filing a Claim for Disability

Filing A Claim For Disability


Filing a VA Claim for Disability


VA disability compensation (pay) offers a monthly tax-free payment to Veterans who got sick or injured while serving in the military and to Veterans whose service made an existing condition worse. You may qualify for VA disability benefits for physical conditions (like a chronic illness or injury) and mental health conditions (like PTSD) that developed before, during, or after service. Find out how to apply for and manage the Veterans disability benefits you’ve earned. You can support your VA disability claim by providing these documents:

  • VA medical records and hospital records. These could relate to your claimed illnesses or injuries or they could show that your rated disability has gotten worse.
  • Private medical records and hospital reports. These could relate to your claimed illnesses or injuries or they could show that your disability has gotten worse.
  • Supporting statements. These could be from family members, friends, clergy members, law enforcement personnel, or people you served with. These statements could tell us more about your claimed condition and how and when it happened or how it got worse.
  • Depending on the type of claim you file, you may gather supporting documents yourself, or you can ask for our help to gather evidence.

Get VA Disability Compensation

You may be eligible for VA disability benefits or compensation if you meet both of these requirements.

Both of these must be true:

And at least one of these must be true:


Eligibility 

Find out if you’re eligible for VA disability benefits for a presumptive disability or other service-connected condition.

How to file a claim 

Find out how to prepare and file a claim for disability compensation online or by phone, mail, or fax.

File a claim online (VA Form 21-526EZ) 

Start your application for disability compensation now.

After you file your claim 

Find out what happens after you file a claim for VA disability compensation. Learn how long it takes us to make a decision and what to do if you disagree.

Compensation benefits for a surviving spouse and dependents (VA DIC) 

Learn about getting VA disability benefits as a surviving spouse, dependent child, or parent.



Working with Accredited Veteran Service Officer


If you need help filing a claim or appeal, you may want to work with an accredited attorney, a claims agent, or a Veterans Service Officer (VSO). We trust these professionals because they’re trained and certified in the VA claims and appeals processes. They can help you with VA-related needs. VSOs work on behalf of Veterans and service members—as well as their dependents and survivors. Find out more about accredited representatives and how they can help you. Accredited representatives and VSOs can help the veteran understand and apply for VA benefits, like these:

  • Financial support (monthly payments)
  • Education
  • Veteran Readiness and Employment (VR&E)
  • Home loans
  • Life insurance
  • Pension
  • Health care
  • Burial benefits

These trained professionals can also help in these ways:

  • Help you gather supporting documents (like a doctor’s report or medical test results)
  • File a claim or appeal on your behalf
  • Provide added support, like helping with transportation to medical appointments or emergency funds

Note: If your claim has a clear factual or legal error, your accredited representative or VSO can request a faster Higher-Level Review decision through a new pilot program called Claim Accuracy Request (CAR).


Claim Accuracy Request / Printable pdf

  • Veterans Affairs Disability

    VA Disability Benefit Description / Veterans Affairs

    Disability Compensation is a tax free monetary benefit paid to Veterans with disabilities that are the result of a disease or injury incurred or aggravated during active military service. Compensation may also be paid for post-service disabilities that are considered related or secondary to disabilities occurring in service and for disabilities presumed to be related to circumstances of military service, even though they may arise after service.


    Signing in to VA.gov

    Get answers to your questions about signing in to VA.gov to manage your benefits and services online. 


    Direct Deposit for your VA benefit payments

    Learn about getting your VA benefit payments through direct deposit. If you don’t already have a bank account, the Veterans Benefits Banking Program (VBBP) can connect you with a bank that will work with you to set up an account. If you already have one, find out how to change your direct deposit information.


    Managing your VA.gov profile

    Your VA.gov profile has your contact, personal, and military information. Keep reading to find out how to keep your profile up to date.



  • Veteran Service Officers

    If you need help filing a claim or appeal, you may want to work with an accredited attorney, a claims agent, or a Veterans Service Officer (VSO). We trust these professionals because they’re trained and certified in the VA claims and appeals processes. They can help you with VA-related needs.


    VSOs work on behalf of Veterans and service members—as well as their dependents and survivors. Find out more about accredited representatives and how they can help you.Accredited representatives and VSOs need to meet these requirements:

    • Pass an exam
    • Pass a background check
    • Take continuing-education courses to make sure they’re providing the most up-to-date information

    What does an accredited representative or a VSO do?

    Accredited representatives and VSOs can help you understand and apply for VA benefits, like these:

    • Financial support (monthly payments)
    • Education
    • Veteran Readiness and Employment (VR&E)
    • Home loans
    • Life insurance
    • Pension
    • Health care
    • Burial benefits

    These trained professionals can also help in these ways:

    • Help you gather supporting documents (like a doctor’s report or medical test results)
    • File a claim or appeal on your behalf
    • Provide added support, like helping with transportation to medical appointments or emergency funds

    Note: If your claim has a clear factual or legal error, your accredited representative or VSO can request a faster Higher-Level Review decision through a new pilot program called Claim Accuracy Request (CAR).

    Veteran Service Organizations:


    Recognized organizations and individuals can legally represent a Veteran, service member, dependent, or survivor before VA. 

    Non-recognized organizations and individuals can provide information, but can’t be representatives.

    Note: Veterans Service Officers work for Veterans Service Organizations (both are called VSOs), as well as for local government offices.


    Veteran Service Officers (NYC)

    VA Regional Office (Manhattan)

    245 W. Houston


    American Legion

    (212)807-3066

    Mon-Fri: 9am-2pm


    Disabled American Veteran (DAV)

    (212)807-3157

    Mon, Tues, Thurs, & Fri: 8:30am-3pm

    Wed: 8:30am-12pm


    Paralyzed Veterans of America

    (212)807-3114

    Mon-Fri: 8am-4:30pm


    United War Veterans

    (212)693-1476

    Mon-Fri: 7am-4pm


    New York State Division of Veterans Affairs

    (212)807-3162

    Mon-Fri: 8am-4pm

  • Claims Attorneys

    Search Accredited Attorneys, Claims Agents, or Veterans Service Organizations (VSO) Representatives


    Office of the General Counsel / Search


    Claims Attorneys Accreditation Search / New York

  • Military Sexual Trauma (MST)

    Military Sexual Trauma (MST)

    Military sexual trauma (MST) refers to sexual assault or threatening sexual harassment experienced during military service. Veterans of all genders and from all types of backgrounds have experienced MST.We provide free treatment for any physical or mental health conditions related to your experiences of MST. You don’t need to have reported the MST at the time or have other proof that the MST occurred to get care.


    We offer these services:

    A Veterans Health Administration (VHA) MST coordinator at every VA medical facility. Coordinators serve as a contact person for MST-related issues. They can assist you in accessing care.  You can contact the MST Coordinator nearest you.

    MST-related outpatient services at every VA medical center and many VA community-based outpatient clinics. These services include psychological assessment and evaluation, medication evaluation and treatment, and individual and group psychotherapy for mental health conditions associated with MST. Treatment for physical health conditions related to MST is also available.

    MST-related outpatient counseling through VA’s community-based Vet Centers. 

    MST-related treatment in VA’s residential (live-in) or inpatient programs for individuals who need more intensive treatment and support.

    You can request to meet with a clinician of a particular gender if it helps you feel more comfortable.

    You don’t need to discuss or disclose your MST experience when registering with VA. Just ask to meet with a VA health care professional for a clinical evaluation. The provider can discuss your health concerns and help refer you to the MST-related mental health or medical care you need.



  • Disability Claims

    Your intent to file a VA claim

    Find out how to notify us of your intent to file a claim for VA disability, pension, or DIC benefits.


    Non-compensable disability

    If you receive a 0% disability rating for a service-connected condition, we call this a non-compensable disability. It means you can’t get disability compensation (payments) for this condition. But you may be eligible for other VA benefits. Find out what benefits you qualify for with a 0% disability rating and if you can file for an increased disability rating.



  • The PACT ACT / Agent Orange

    The PACT ACT / The ForgOn April 25, 2022, Veterans Affairs announced that nine rare respiratory cancers are now presumed service-connected disabilities due to military environmental exposures to fine particulate matter.


    The PACT ACT / Veterans Affairs


    The PACT Act is a new law that expands VA health care and benefits for Veterans exposed to burn pits, Agent Orange, and other toxic substances.


    The PACT Act adds to the list of health conditions that we assume (or “presume”) are caused by exposure to these substances. This law helps us provide generations of Veterans—and their survivors—with the care and benefits they’ve earned and deserve.


    This page will help answer your questions about what the PACT Act means for you or your loved ones. You can also call us at 800-698-2411 (TTY: 711). And you can file a claim for PACT Act-related disability compensation or apply for VA health care now.

    Pact Act

  • Airborne Hazards and Open Burn Pit Registry

    VA established this registry in 2014 to put data to work for Veterans and help us better understand the potential health effects of exposure to airborne hazards during military service. By joining the registry, you can provide information that will help VA provide better care to all Veterans. 


    You are eligible to participate if you served in Operations Desert Storm/Desert Shield (ODS), New Dawn (OND), or Iraqi Freedom/Enduring Freedom (OIF/OEF) *. dTo learn more about airborne hazards or how to receive care from VA, visit VA's public health site.


    Registry Help Desk

    Call: 1-877-470-5947

    Airborne Hazards and Open Burn Pit Registry



  • Agent Orange Exposure

    If you have a health condition caused by exposure to the herbicide Agent Orange during your service, you may be eligible for VA disability compensation. Compensation provides tax-free monthly payments. Keep reading to find out if you may be eligible.


    Am I eligible for VA disability compensation?

    You may be eligible for VA disability compensation based on Agent Orange exposure if you meet both of these requirements.


    Both of these must be true:

    • You have a health condition that’s caused by exposure to Agent Orange, and
    • dYou served in a location that exposed you to Agent Orange

    Keep reading for the full eligibility requirements.


    Note: If you get a disability rating, you may also be eligible for VA health care and other benefits.

    Agent Orange Exposure



  • Camp Lejeune Water Contamination

    You may be eligible for disability compensation payments on a presumptive basis if you meet all of these requirements. These requirements apply to Veterans, Reservists, and National Guard members.


    Both of these descriptions must be true:

    • You served at Camp Lejeune or MCAS New River, North Carolina, for at least 30 days total between August 1, 1953, and December 31, 1987, and
    • You didn’t receive a dishonorable discharge when you separated from the military

    And you must have a diagnosis of 1 or more of these presumptive conditions:

    • Adult leukemia
    • Aplastic anemia and other myelodysplastic syndromes
    • Bladder cancer
    • Kidney cancer
    • Liver cancer
    • Multiple myeloma
    • Non-Hodgkin’s lymphoma
    • Parkinson’s disease

    Evidence shows a link between these conditions and exposure to chemicals found in the drinking water at Camp Lejeune and MCAS New River during this time.Camp Lejeune Water Contamination



  • Compact Act

    Prevention of Veteran suicide continues to be VA’s top clinical priority, and now, Veterans facing acute suicidal crisis have expanded options to receive immediate medical care during periods when they are most vulnerable.


    Under the Veterans Comprehensive Prevention, Access to Care, and Treatment (COMPACT) Act, Veterans with acute suicidal crisis can go immediately to any VA or non-VA health care facility for emergency health care at no cost to them.


    “Veterans in suicidal crisis can now receive the free, world-class emergency health care they deserve – no matter where they need it, when they need it, or whether they’re enrolled in VA care,” said VA Secretary for Veterans Affairs Denis McDonough in a news release. “This expansion of care will save Veterans’ lives, and there’s nothing more important than that.”

    Compact Act



  • NEXUS Letter / Back Injury

    For the purposes of this example, let's consider a back injury.


    You may have hurt your back in some fashion while serving your country. That was in 1970 and you went on sick call. Your sore back was diagnosed as a "pulled muscle" or something similar and you were given some IBU Profen and sent on your way to light duty for 3 days.


    The back was progressively more painful so you were back on sick call a week later. This time an x-ray was ordered and you were given some stronger pain pills and your light duty was increased to a restricted duty for a month with orders of no lifting, no PT and so on.


    The military culture demands that we don't complain of our "minor" aches and pains. The team depends on each member being ready to complete the mission and the mission is all that counts. From day one we're trained that  complaints of pain will bring about scorn from superiors and fellow soldiers will know that they have to carry your load as well as their own. "Pain", we learn, "is weakness leaving your body." 


    Your civilian career wasn't as physical as the military and during the years since your discharge you've had chronic, low back pain but it hasn't required much treatment...until now. In the last year you've had to seek more intensive medical care and finally you had an MRI. The MRI study shows numerous issues with discs and nerves and you realize that your old service injury is here to haunt you. You file for service connected disability compensation, you have a C & P exam and about a year later you have a denial letter. The VA tells you that although you had complaints during your service that your condition today is new and unrelated to those old problems.


    Now what?

  • NEXUS Letter Example / Back Injury

    EXAMPLE OF NEXUS LETTER


    Doctor's Letter Head


    Date:


    Subject: Medical history of Mr. Veteran


    Reference: C-File # and/or Social Security Number


    To the Department of Veterans Affairs:


    I am the primary care provider for Mr. Veteran. In my capacity as a primary care provider, I have cared for Mr. Veteran since 01/07/20xx.


    While I've provided care for Mr. Veteran, I've become familiar with his active duty medical history from 07/24/19xx to 08/07/19xx and from VA medical records from 19xx to present, past and present ailments and I've reviewed pertinent parts of his military record that document his injury, disease and clinical conditions related to the events that occurred.


    I am aware that Mr. Veteran was injured during his active duty military service on or about 1981 in Fort Army while (events description, time and place).


    A primary condition the veteran suffers is Lumbar Paravertebral Myositis (an Inflammatory Myopathy) and an L4-L5, disc desiccation and disc narrowing. MRI reports note sacralization of the L 5 representing a developmental abnormality and also that paraspinal muscle spasm is suggested.


    Further noted are mild thoracolumbar dextroscoliosis as well as mild spondylosis and degenerative endplate changes. Schmorl's nodes in the superior endplate of L3. L3-L4 and L4-5 degenerative disc disease are seen. There is an L4-5 small posterior disc bulge and small posterocentral disc herniation and L2-3 vertebral hemangiomas.


    Mr. Veteran has chronic pain due to his injuries. The veteran suffers radiculopathy with pain, muscle control difficulty, tingling, numbness and weakness in the legs, likely due the sacralization of L4-L5.


    Mr. Veteran suffers increased fatigability because of his chronic back pain. Standing for more than 15 minutes will make him become weak and exhausted.


    There are multiple other clinical conditions diagnosed that are more likely than not secondary to or aggravated by the primary back condition(s).


    The veteran takes numerous medications for both the primary condition as well as secondary conditions that are aggravated by said primary back condition. (Medicines and secondary conditions are listed separately.)


    The veteran is not a likely candidate to be rehabilitated.


    After examining Mr. Veteran, his chart and medical records it is my opinion that Mr. Veteran is totally and permanently disabled due to the above discussed back condition. The veteran can not hold gainful employment as a result of the injury he sustained while in the military. It is also my opinion that it is more likely than not the that the physical traumas suffered during the veteran's military service as noted in his record (description of events and dates) caused, contributed to and aggravated the totally disabling back condition(s).


    Respectfully,


    Dr. VA Physician, MD


    Diplomat of the American Board of Internal Medicine

  • Compensation and Pension Exam

    After you file your disability benefits claim, we may ask you to have a claim exam (also known as a compensation and pension, or C&P, exam). Get answers to commonly asked questions about the VA claim exam.


    C & P Exam / Veterans Affairs


    In the C & P Service Clinicians Guide instructions are given to the examiner as to the exact phrasing that should be used, as follows here;

    Q: How do I give an opinion for Nexus (relationship to a military incident)?


    A: When asked to give an opinion as to whether a condition is related to a specific incident during military service, the opinion should be expressed as follows:

    •    1. “is due to” (100% sure)
    •    2. “more likely than not” (greater than 50%)
    •    3. “at least as likely as not” (equal to or greater than 50%)
    •    4. “not at least as likely as not” (less than 50%)
    •    5. “is not due to” (0%)

The PACT ACT


On April 25, 2022, Veterans Affairs announced that nine rare respiratory cancers are now presumed service-connected disabilities due to military environmental exposures to fine particulate matter.


The PACT Act is a new law that expands VA health care and benefits for Veterans exposed to burn pits, Agent Orange, and other toxic substances.


The PACT Act adds to the list of health conditions that we assume (or “presume”) are caused by exposure to these substances. This law helps us provide generations of Veterans—and their survivors—with the care and benefits they’ve earned and deserve.

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