Veterans: What If the VA Already Told You Exactly What Type of Claim to File?
Many veterans may be surprised to learn that the U.S. Department of Veterans Affairs (VA) clearly outlines the types of disability claims, when to file them, and how—but unfortunately, this valuable information is buried deep within their website. Filing the wrong type of claim or filing at the wrong time can cost veterans thousands in benefits or even result in denial.
Our contributor, who is an attorney and a retired VA rating specialist, uncovered this overlooked information on the VA’s official website and believes it’s critical to bring this to light for the veteran community.
Types of VA Disability Claims: Direct from the VA
According to the VA’s website, there are several types of disability claims. Each one has its own unique purpose and ideal time for filing. Below is a breakdown of these claim types with essential insights.
1. Original Claim
This is the first claim ever filed by a veteran for disability compensation. It establishes the veteran’s initial entitlement to benefits. The VA refers to this as the original claim because there were no prior claims on file.
For active duty service members, the Benefits Delivery at Discharge (BDD) program allows a claim to be filed between 180 and 90 days before separation from service. Veterans are encouraged to document every medical visit while on active duty to establish a strong medical record.
2. Post-Service Claim (One-Year Presumptive)
The VA allows claims to be filed after discharge, particularly for conditions that appear within one year of separation. This is known under 38 CFR § 3.309(a) as a one-year presumptive condition.
Examples of Presumptive Conditions:
- Diabetes Mellitus – Supported by two A1C tests taken within the year after discharge.
- Arthritis – Conditions such as chronic pain in joints (knees, hips, back, shoulders, etc.) should be supported with diagnostic imaging like X-rays.
Example phrasing: “Claiming [condition] as a one-year presumptive under 38 CFR § 3.309(a). Please see attached diagnostic evidence.”
→ Presumptive Conditions Guide
3. Increased Claim
Veterans may file an increased claim if a service-connected condition worsens. However, this is a common area where veterans face reductions instead of increases.
Before filing, veterans should review the diagnostic code for their condition to ensure their symptoms meet the requirements for a higher rating.
If the rating has been in place less than 5 years, only one unfavorable exam is required for the VA to propose a reduction. If it has been in place more than 5 years, two unfavorable exams are required.
→ Schedule for Rating Disabilities
4. New Claim
A new claim refers to requests for additional benefits related to an already service-connected condition. This often involves secondary service connection.
Example: A left knee injury caused by an altered gait due to a service-connected right knee condition. Ensure:
- The primary condition is already service-connected.
- The secondary condition has a valid diagnosis.
→ Secondary Service Connection Info
5. Special Claim
These are claims for special circumstances or needs. Examples include:
- Specially adapted vehicles
- Temporary total disability (Paragraph 29 & 30)
- Individual Unemployability (IU) if the veteran is unable to work due to service-connected conditions
IU is not a standalone claim and is considered a type of increased claim.
→ Temporary 100% Disability Ratings
6. Supplemental Claim
A supplemental claim allows a veteran to reopen a previously denied claim by providing:
- New and relevant evidence
- A request for review based on a change in law or policy (e.g., the PACT Act)
When submitting, veterans should clearly state the reason: e.g., “Reopening PTSD claim with new and relevant evidence including attached DBQ and nexus letter.”
→ Learn More About Supplemental Claims
The VA has made considerable improvements to its website, offering clearer guidance and more accessible information. However, many of these important pages remain buried and are often overlooked by veterans trying to navigate the process alone. Veterans are encouraged to explore these resources fully to ensure they are filing the correct type of claim, at the right time, with the necessary supporting evidence.
