Optimal Timing for Filing VA Benefits Disability Compensation

What the VA Needs to Approve Your Claim

For a service-connected disability claim (excluding presumptive conditions), the VA requires three key elements:

• Proof of Service: Your DD214, which documents your dates of entry and exit from service.
• Diagnosis: A medical diagnosis for a chronic condition with ongoing residual effects.
• Nexus: A link between your diagnosed condition and your time in service.

The easiest way to establish a nexus is to receive a diagnosis during active duty. For example, if you were diagnosed with a condition like migraines or a leg injury while serving, the diagnosis itself connects the condition to your service. If you’re diagnosed after separation, you’ll need to “build a bridge” back to your service, which can be more challenging.

Why Filing While Still in Service Is Ideal

Filing a claim while on active duty, through the Benefits Delivery at Discharge (BDD) program, offers significant advantages. The BDD program allows service members to file a disability claim 180 to 90 days before their discharge date. Here’s why this is the best approach:

• Automatic Nexus: Diagnoses received during service automatically establish a connection to your military service.
• Access to Medical Care: While on active duty, you can visit military doctors to document and diagnose conditions, strengthening your claim.
• Faster Processing: Filing early gives the VA more time to process your claim, potentially reducing delays. If approved, benefits are backdated to the day after your discharge.
• Comprehensive Documentation: The BDD process encourages you to assess and document all conditions—physical and mental—before leaving service.

How to Prepare for a BDD Claim

To maximize your BDD claim, take these steps while still in service:

1. Conduct a Self-Assessment: Review your health from head to toe. Note any injuries, chronic pain, or symptoms (e.g., snoring that may indicate sleep apnea, recurring migraines, or joint issues).
2. Visit a Doctor: Get all conditions evaluated and diagnosed by a medical professional, not just a medic or corpsman. Ensure diagnoses are documented in your service treatment records.
3. Gather Evidence: Collect all service treatment records and complete a Separation Health Assessment (SHA) form. These are critical for your claim.
4. Work with an Accredited Representative: A Veterans Service Officer (VSO) or accredited representative can review your claim to ensure it’s complete and accurate.

Eligibility for the BDD Program

To use the BDD program, you must meet all of the following criteria:

• Be a full-time active-duty service member (including National Guard or Reserves on active duty).
• Have a known separation date within 180 to 90 days.
• Be available for VA exams within 45 days of filing your claim.
• Provide all service treatment records for your current period of service.

You cannot use the BDD program if your claim requires special handling (e.g., serious injury, terminal illness, or treatment at a VA facility while awaiting discharge) or if you’re unable to attend VA exams.

What If You’re Already Separated?

If you’re no longer on active duty, you can still file a claim, but you’ll need to establish a nexus to your service. This often requires a nexus letter from a medical professional linking your condition to your time in service. For example, if you were diagnosed with migraines five years after discharge, a nexus letter could explain how your symptoms began during service.

Consider consulting a service like American Medical Experts for a free consultation with board-certified doctors who specialize in VA claims. They can provide nexus letters, Disability Benefits Questionnaires (DBQs), or additional diagnoses to support your claim.

Tips for All Veterans

• Understand VA Rating Schedules: Each condition has a specific rating schedule (e.g., tinnitus is rated at 10%, while migraines can range from 10% to 50%). Work with your doctor to document the severity of your condition according to VA criteria.
• Submit Comprehensive Evidence: Provide all medical records, DBQs, and other documentation to avoid unnecessary Compensation and Pension (C&P) exams.
• Communicate with Leadership: If you’re still in service, inform your chain of command about potential VA appointments to avoid scheduling conflicts.

Conclusion

In my opinion, the best time to file a VA disability claim is while you’re still on active duty, ideally six months before discharge, through the BDD program. This approach simplifies the nexus requirement, leverages access to military medical care, and can expedite your benefits. For veterans already separated, building a strong nexus with medical evidence is key. Always work with an accredited representative to ensure your claim is thorough and accurate.

Disclaimer: This article reflects the opinions of the author and is intended for informational purposes only. It is not a substitute for professional legal or medical advice. Always consult with a qualified Veterans Service Officer (VSO) or accredited representative when filing a VA disability claim.

For more information on the BDD program, visit the VA’s official website. If you need assistance with nexus letters or DBQs, check the resources linked below.