By Dr. Sidney Ordway, BVA National Secretary
Editor’s Note: Dr. Ordway’s discussion is the second in a three-part series of Bulletin articles on the subject of VA claims. He has compiled the information in an effort to dispel the ambiguity and misconceptions that often accompany the process. Please see the Spring 2005 issue for Part I.
Compensation Eligibility
Veterans may be entitled to VA disability compensation for any medical condition or injury that was incurred in or aggravated by their military service if they were released from active military duty with anything other than a dishonorable discharge.
There is no time limit to apply for VA disability compensation. Applicants are nevertheless encouraged to apply within one year of their release from active duty since entitlement is established retroactively to the date of separation if the claim is filed within this period. The effective date of eligibility for benefits will be based upon the date of the claim if the application is processed beyond the one-year period.
There is a "presumptive period" time limitation on some disabilities that may preclude a claim if 1) there is no diagnosis recorded within that period from date of separation, and 2) there is no notation of the disease or injury in the Service Medical Record (SMR).
How to Apply
VA Form 21-526, Veteran's Application for Compensation or Pension, is the document that should be used in applying. The following supporting evidence and/or documents should be submitted with your application:
• Service Medical Records. Applicants who have their service medical records are encouraged to submit them with their applications in order to expedite processing. Otherwise, VA will contact the service department to obtain them.
• Other Medical Records. Medical records should be included when they substantiate any and all treatment by private doctors and hospitals.
• Dependency Documents. Such documents should include originals or copies of birth and marriage certificates. They should also include copies of divorce/death records terminating all prior marriages and those of the spouse.
• Military Discharge/DD Form 214 (Copy 4 - Member Copy). Applicants who have a copy of their DD-214 are encouraged to provide a copy with their claim to expedite processing. Otherwise, VA will attempt to obtain verification from the service department.
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