The VA Disability Claim Timeline – What to Expect

The Department of Veterans Affairs (VA) disability claim is a tax-free monthly allowance for veterans who sustained injury or illness while serving in the military. The VA disability claim timeline takes five steps to complete; here is a guide on how to start your claim.

The VA claim timeline may be daunting to start, but it’s definitely worth pursuing to cover the injuries you sustained while serving our country.

This guide covers the general steps to take, but for more specific guidance, it’s best to hire a VA disability attorney to analyze your case.

1. When Does the VA Receive Your Claim?

The VA receives your claim after you file the claim online or if you mail your application. If you submit your claim online, you’ll get an on-screen message from the VA notifying your claim has been received.

To mail your application, the VA will send you a letter in about a week with additional mailing time after receiving your claim.

If your VA claim falls through the mail and you don’t receive a letter within 10 days, you can call them at 800-827-1000. You can also check your claim’s status using the eCAMS Provider Portal (ePP).

If your VA claim was rejected, you may contact their customer care center which can assist you in reprocessing your claim.

You may also appeal the decision and have a VA disability appeals lawyer guide you. Also, you can get free assistance from DAV benefits professionals who can provide counseling on appeals and VA claims.

2. The Initial VA Review Process

Once the VA receives your claim, they will begin the initial review process. VA representatives will examine the evidence and information submitted to determine whether more information is needed from the veteran.

The process starts by reviewing all VA and private medical records the veteran includes in their claim. This step usually takes 1-3 weeks to complete.

Remember that submitting irrelevant information does not make it advantageous for you, but slows the initial review. You should only submit relevant pieces of evidence to support your VA claim.

3. Evidence Gathering, Review, and Decision

To qualify for the VA disability claim, you must provide evidence such as statements or opinions from healthcare providers, physicians, government agencies, etc.

The VA representative will review the evidence you provided and make a decision within 12-14 business days.

The evidence you may need to gather is:

• Your DD214 or other separation documentation
• Your service treatment records
• All medical information relating to the illness or injury caused during your military service (doctor reports, X-rays, medical tests, and results)
• You can submit a lay or witness statement  (VA Form 21-10210) to support your VA claim

For other types of evidence or questions on what you must provide, you can go to the U.S. Department of Veterans Affairs website for additional assistance.

Sometimes the VA may schedule a Compensation and Pension exam to accurately determine the nature of your injury. This exam is a key piece of evidence in the VA disability claim timeline to determine your eligibility for benefits.

Preparing for Your Compensation and Pension Exam (C&P)

A Compensation and Pension exam (C&P) is a doctor’s appointment meant to diagnose a veteran’s disability, usually administered by a VA hospital or clinic.

This doctor’s appointment isn’t meant to prescribe medicine or give medical advice, but to write a report about your injury to the VA office that received your claim.

The doctor will examine three elements to determine a valid VA claim:

• Diagnosis of a disabling condition
• Connection of the illness/injury to the military service
• Military service-connected cause.

You should prepare for the exam and keep note of these general tips to avoid mistakes in your VA claim:

• Be on time, and leave early for your appointment.
• Bring a family member or a trusted friend
• Ask for clarification on what is being evaluated on this visit
• You can share notes of your injury, documenting your pain and symptoms
• Be honest about your condition and don’t minimize your pain

Obtain a copy of your C&P exam for you and your attorney to use as evidence for the severity of your injury. A copy of your C&P exam can also prove the connection between your disability and your active service.

4. Preparation for Notification

At this time, all evidence has been gathered and submitted. You only need to wait for the VA representative’s final decision. Your condition is assigned a disability rating between 0% to 100% that determines your monthly payment amount from the VA.

When it’s time to notify the veteran, there should be two documents in the mail, (1) a notice of action letter, and (2) a rating decision summary.

The notice of action letter is a summary of the VA’s decision and notes if there is any additional compensation you may still qualify for.

The rating decision letter explains the VA’s decision for each issue raised in the claim you filed. If the decision is adverse, you have a year to appeal this decision.

5. Claim Complete

This is the last step of the VA disability claim timeline where the VA sends a packet detailing your benefits. Your claim is considered complete when the VA has sent you a letter of their final decision.

If the decision has shown at least a 10% disability rating, your first payment should be processed within 15 days.

The payment should be sent as a direct deposit or by check in the mail.

Types of VA Disability Claims You Can File For

There are different VA claims you can file depending on your situation. You may need additional forms of evidence to prove how necessary another claim is to cover your disability.

• Original claim—the first claim you filed for disability benefits. In specific circumstances, the VA representatives will see if there’s a link between your injury/illness and your military service even if no evidence is provided. This often applies if your injury is:
  • Chronic and appears within a year after your discharge
  • An illness caused by contaminants or other hazardous materials
  • Your time spent at POW has caused your sickness
• Increased claim—asks for further compensation when your injury/illness worsened over time after deciding it was service-connected. You’ll need new evidence from a medical specialist to show your disability has worsened.
• New claim—claim for additional benefits or other beneficial requests relating to an existing service-connected disability.
• Secondary service-connected claim—claim for a new disability related to the service-connected disability you already have. New medical evidence will be necessary from a medical professional and should be linked to your military service.
• Supplemental claim—claim to provide new and relevant evidence for a disability claim the VA representative has denied in the past.

You can contact a veteran affairs lawyer to help you with your claim for other claims or problems you are unclear about.

How Long Does Evidence Gathering, Review, and Decision Take?

The length of time it takes to gather evidence, review, and decision making according to the VA is about 149.6 days as of June 2024.

This also depends on the kinds of claims you file, how many injuries or illnesses you sustained due to military service, and how much evidence is necessary to review your claim.

How Do I Know If My VA Claim Was Approved?

If you filed a claim with the VA directly, you may check the status of your VA claim through the eCAMS Provider Portal.

You can also contact them at 877-881-7618 to check the status of your claim. Otherwise, waiting for the decision through mail is another option.

Deferred VA Claims

A deferred VA claim means the VA doesn’t have information to approve or deny your claim and has been placed on-hold until further evidence can be gathered.

Deferred claims are neither a rejected nor approved, but a delayed decision. Your claim is considered incomplete and you must provide more information for the VA to review.

Expediting the VA Disability Claim Timeline

Although VA claims can take a long time to complete, there are some cases where your claim can be expedited.

• For instance, if you’re in extreme financial hardship or homeless veterans can request to expedite a VA disability claim.
• Another is if you are much older, but the age requirement may depend on where it’s decided. For instance, when placed at the VA regional office level, the veteran must be 85 or older. At the board level, then you must be 75 or older.
• If you are terminally-ill, your claim is prioritized and can be expedited.

Expediting VA disability claims may be faster than regular claims, however, there’s no specific date on when your claim will be completed.

How Long Does a VA Claim Take?

VA claims take an average time between 120-150 days as of 2024. However, claims could take longer depending on the type of claim and how complex your circumstances are.

If your VA claim is denied, you can file for an appeal. You must file within a year from the date of the final decision letter. Supplemental claims or higher-level reviews take about 125 days, whereas board hearings may take more than a year.

The VA Retroactive Pay Timeline

Because the VA claim timeline takes more than 100 days to complete, the VA may provide back-pay during that time. This is meant to compensate for your condition between the time filing your claim and getting approved for benefits.

The Department of Veterans Affairs stated that after your VA claim disability is approved with at least 10% of disability rating, the VA retroactive pay timeline is within 15 days of being notified.

However, delays happen and may take up to 90 days or more.

You may contact the Veterans Help Center at 800-827-1000, to see your retroactive payment status.

How Does VA Back Pay Work?

VA back pay is money given to a veteran starting on the effective date of the VA disability application or earlier. Back pay is paid to veterans a whole sum following grants and benefits, and has no limits.

The amount of back pay a veteran receives depends on the length of time getting approved and the disability rating given by the VA. Generally, the higher the disability rating you have, the more back pay you receive.

How to Dispute a VA Disability Claim

If you disagree with the VA’s decision, you may dispute it by requesting a Board Appeal online, by mail, or in person.

You can also file a Notice of Disagreement (NOD) using the VA Form 21-0958 included with your claim’s decision. After submitting a Board Appeal, you should get a letter explaining your case has been added to the docket.

At this time, you must wait for the Board’s decision unless they ask for further information.

Navigate the VA Disability Claim Timeline With an Attorney

Acquiring VA benefits is a long and involved process that may involve numerous appeals and calls to your VA office. You may encounter hurdles several steps in the VA timeline, and that’s when a VA disability lawyer can help.

Having a legal professional organize your evidence and manage your paperwork can drastically increase your chances of approval.

If you’re having trouble finding a lawyer to represent you, talk with LegalASAP. We have 500+ law firms around the United States ready to assist you in your claim.

If you need further assistance, fill out this short evaluation form to contact a representative for further information. For questions or concerns that can’t wait, you may contact us at 888-927-3080.