Filing a VA disability claim is more paperwork than mystery, especially with the assistance of a veterans disability lawyer. Understanding the steps involved, evidence needed, and what mistakes to avoid can help set you up for a successful claim.
Who Can File A Claim
Understanding eligibility to file the claim is the first step. Typically, groups eligible to file a VA disability claim include:
- Veterans with a current illness or injury related to service.
- Reservists or National Guard members activated by federal orders.
- Survivors filing certain death-benefit claims (Form 21-534).
By discussing your case with an experienced lawyer, you can better understand if you are eligible to file.
The Form
VA Form 21-526EZ—or its digital twin on VA.gov—is the gateway for nearly every first-time or increased claim. Completing it online accelerates receipt, adds upload slots for evidence, and dates your effective date the minute you click submit. While filling out the form may be the daunting task, it does not have to be difficult, especially with the aid of an attorney.
Supporting Evidence
As attorneys such as Gregory M. Rada, Attorney at Law know, evidence is a crucial part of your disability claim. Important evidence may include:
- Service treatment records—usually already in VA’s system.
- Private or VA medical records showing a current diagnosis.
- Buddy statements confirming in-service events or symptoms.
When adding evidence to an online form, you can upload PDFs or fax to the Evidence Intake Center. Label everything clearly: “Back Pain MRI, May 2024.”
What Happens After Submission
The steps after you submit your form are just as important as the ones leading up to it. Understanding the review and decision process can help provide clarity to your claim.
- Intake—VA scans your form into its database (one to two weeks).
- Development—VA requests exams or missing records.
- C&P exam—a contracted clinician evaluates your condition.
- Rating decision—you receive an envelope or electronic notice with the result.
The average timeline for a well-documented initial claim is four to six months.
Avoiding Common Mistakes
Avoiding mistakes is a crucial component of a successful claim. When filing your claim, avoid mistakes such as:
- Leaving blanks—unanswered questions trigger letters and delays.
- Submitting incomplete evidence—missing private records force VA to request them, adding weeks.
- Skipping the exam—failure to attend almost always leads to a denial but at the very least a delay.
Frequently Asked Questions
Do I Need A Lawyer Or VSO?
A lawyer is not required, but an experienced attorney can help you prepare for your claim, understand the process, avoid mistakes, and file an appeal if necessary.
Can I Add Conditions After Filing?
Yes. After filing, you can file a Supplemental Claim with new evidence or submit another 21-526EZ for different issues.
Does Combat Service Change Things?
Combat veterans can rely on the presumption of in-service events, easing the burden of proof, but the basic claim steps stay the same.
Contact A Lawyer Today
A successful VA disability claim boils down to three tasks: filing the right form, supplying clear evidence, and showing up for the exam. With the help of an experienced attorney, this process can be made easy.