Filing a disability claim with the U.S. Department of Veterans Affairs (VA) is a crucial step for veterans seeking the benefits they are entitled to. However, many are unsure of what comes next. The process can be lengthy and complex, with multiple steps involved before a final decision is made. At Kerr Robichaux & Carroll, we’re committed to helping veterans understand the system and navigate it with confidence. Here’s a detailed look at what happens after you file a VA disability claim, and what options you have if you disagree with the outcome.
Step 1: Claim Acknowledgment
Once your disability claim is submitted, the VA will acknowledge receipt of it. If you filed your claim online, you’ll see an immediate confirmation screen. If you submitted it by mail, the VA will send you a confirmation letter, typically within one week, although this may take longer depending on mail delivery times. This acknowledgment confirms that the VA has received your application and that it is officially in their system.
Step 2: Initial Review
During the initial review phase, a VA representative will review your claim to ensure that all necessary information has been provided. This includes verifying your personal information, such as your name and Social Security number, as well as reviewing your declared medical conditions and any supporting evidence you’ve included. If any required information is missing or unclear, the VA will reach out to request clarification or additional documentation.
Step 3: Gathering Evidence
This is often the most time-consuming part of the claims process. The VA collects evidence to support your claim, including:
- Service treatment records
- VA medical records
- Private medical records (if you’ve given permission for the VA to request them)
- Statements from you, family members, or fellow service members
- Results from any Compensation & Pension (C&P) exams the VA schedules
The VA may contact you to attend medical evaluations to assess your condition further. If you submit additional evidence during this time, it could extend the evidence-gathering phase, as the VA must review and consider all new information.
Step 4: Evidence Review
Once all necessary records have been collected, the VA will evaluate them. The goal during this stage is to determine whether more evidence is needed. If additional documentation or clarification is required, your case may be sent back to the previous step for review. Otherwise, it moves forward to the decision-making stage.
Step 5: Decision-Making and Rating Assignment
After reviewing the evidence, the VA will make a formal decision on your claim. This includes determining:
- If your condition is service-connected
- The severity of your condition
- Your disability rating (expressed as a percentage)
- The effective date for when benefits begin
The disability rating is crucial because it directly affects the amount of monthly compensation you receive. For example, a higher rating generally results in a larger monthly payment.
Step 6: Decision Preparation
After a decision has been made, the VA prepares a detailed letter outlining the decision. This letter outlines:
- The VA’s decision on each condition you claimed
- The assigned disability ratings
- The effective date for your benefits
- The total monthly compensation you’ll receive
- A summary of the evidence reviewed
- Your appeal rights and options if you disagree with the decision
This step involves both administrative and quality control reviews to ensure accuracy and clarity before the letter is finalized and mailed.
Step 7: Notification
Once everything is reviewed and approved, the VA will send your decision letter to you via mail. If you have a VA.gov account, you may be able to view and download your decision letter online sooner. This letter is crucial, as it explains not only what benefits you’re entitled to, but also your legal options if you want to challenge the decision.
What If You Disagree with the VA’s Decision?
Unfortunately, not all claims result in a favorable decision. If you believe the VA has made an error or did not fully consider your evidence, you have several options for appeal:
1. Supplemental Claim. You can file a Supplemental Claim if you have new and relevant evidence that wasn’t included in your original claim. The VA will review new evidence and reconsider your case.
2. Higher-Level Review. This option involves a senior VA reviewer reevaluating your claim. No new evidence is allowed at this stage; however, it can be helpful if you believe the original reviewer made an error.
3. Board Appeal. You can request a review by a Veterans Law Judge at the Board of Veterans’ Appeals. You’ll have three options:
- Direct Review: No new evidence or hearing—just a review of the existing file.
- Evidence Submission: You can submit new evidence; however, no hearing is scheduled at this time.
- Hearing: You can request a hearing and present your case directly to a judge.
Each review option has specific timelines and requirements, so choosing the right path depends on your circumstances and the strength of your case. At this stage, you may want to consider working with a dedicated VA disability attorney. They can help you navigate your options and discuss your best approach for appealing your claim.
Why Work with Kerr Robichaux & Carroll?
The VA disability claim process can be overwhelming, especially when you’re facing health challenges and financial stress. At Kerr Robichaux & Carroll, we’re proud to support veterans and fight alongside them to get the benefits they are entitled to.
Our team understands how to interpret VA decisions, identify overlooked evidence, and fight for the compensation you’ve earned through your service. If you’re disputing an unfavorable decision, we’re here to stand with you and help secure the benefits you deserve.
Contact us today by submitting a form online or calling our office at 503-255-9092 for a free case evaluation.