Summary. A step-ordered checklist: the intent to file, the records, the condition inventory, the nexus opinion, lay statements, the examination, reading the decision, choosing a lane, TDIU, and the benefits that must be separately claimed.
For doctrine, see Veterans Benefits. For the workflow, see Filing and Appealing a VA Disability Claim.
⚠ FILE AN INTENT TO FILE TODAY. It takes minutes, costs nothing, and preserves up to a year of back pay.
Phase 1 — Preserve the date
- Intent to file submitted (online, by phone, or on the form) — before gathering anything.
- If within one year of separation: claim filed, so the effective date reaches the day after separation.
- Intent-to-file expiration diaried (one year).
Phase 2 — Records
- Service treatment records requested.
- Personnel file requested — establishes duty assignments, locations, and dates (proves exposure for presumptives).
- Claims file (C-file) requested if you have filed before — this is what adjudicators read.
- Private treatment records obtained directly (faster than waiting for VA).
- Social Security disability records obtained, if applicable.
- Unit records, after-action reports, morning reports requested where a stressor must be corroborated.
Phase 3 — The condition inventory
- Every condition listed, whether or not you think it is service related.
- 0% grants understood as valuable — service connection is the foundation for later increases and secondary claims.
- Secondary conditions added (the most underclaimed part of the system):
- Depression/anxiety secondary to chronic pain
- Sleep apnea aggravated by PTSD or by weight gain from a service-connected condition
- Hypertension secondary to diabetes or PTSD
- Knee/hip/back secondary to an altered gait
- GI conditions and erectile dysfunction secondary to psychiatric medication
- Radiculopathy secondary to a spine condition
- Presumptive lists checked, including the PACT Act expansion (burn pits, toxic exposure, expanded locations and periods).
- Previously denied claims now presumptive → REFILE.
- Aggravation theory considered for pre-existing conditions (presumption of soundness; rebuttal requires clear and unmistakable evidence).
- § 1151 considered for disability caused by VA care.
- TDIU considered if employment is affected (Phase 8).
Phase 4 — The nexus opinion (decides non-presumptive claims)
- Provider states they reviewed the service treatment records and claims file, and identifies what was reviewed.
- Diagnosis stated.
- The words: "at least as likely as not" (≥50% probability). (Rejected: "could be," "may be," "possibly.")
- A rationale — mechanism, chronology, literature, absence of intervening cause.
- Explicitly addresses and rebuts any negative VA examiner opinion.
- Provider has relevant expertise and has treated or examined the veteran.
- Provider given the tools: flagged service records, a timeline, and the VA examiner's report.
Phase 5 — Lay statements
- Spouse/partner — what changed after service: sleep, temper, avoidance, limitation, what stopped.
- Someone who served with you — the event or the symptoms at the time (often the only evidence of an unreported event).
- Employer or coworker — accommodations, absences, declining performance (essential for TDIU).
- Your own statement — continuity of symptoms from service to now.
- Each: first person · specific · dated · signed · in the writer's own words.
- Personal assault / MST claims: markers assembled — transfer request · performance or attendance decline · disciplinary or behavior change · substance use beginning then · pregnancy or STI treatment · statements to counselor, chaplain, family, friend · unexplained economic or social change.
Phase 6 — Filing
- Filed online where possible (receipt and tracking).
- Fully developed claim option used if the evidence is complete.
- Every condition listed separately, with how each affects you.
- Theory identified for each: direct · presumptive · secondary · aggravation · § 1151.
- All evidence attached with a cover statement.
- Copy of everything kept, with dates.
Phase 7 — The C&P examination
Before
- Rating criteria for the condition read — know what is being measured.
- One-page summary prepared: diagnoses · providers · medications · symptom log.
- Private records the examiner may lack brought along.
At the examination
- Attend. (A missed exam is a denial. If unable, call immediately and reschedule in writing.)
- Worst days AND average days described — not best days. (The most common and costliest mistake.)
- Functional and specific: "I can stand ten minutes"· "I stopped mowing in 2022" · "I miss two or three days a month" · "I sleep four hours."
- Nothing exaggerated — consistency is assessed.
- Someone brought who can describe a bad week, where helpful.
After
- Examination report requested and read.
- Adequacy checked: claims file reviewed? · all conditions and theories addressed (including secondary and aggravation)? · correct standard with a rationale?
- If inadequate → written objection identifying the specific defect, and a request for a new examination. (Duty to assist requires an adequate exam; inadequacy is an appeal ground.)
Phase 8 — TDIU
- Schedular threshold checked: one disability ≥60%, or combined ≥70% with one ≥40%. (Otherwise: extraschedular referral.)
- Understood: working does not defeat the claim. Marginal employment — below the poverty threshold, or a protected environment (family business, substantially accommodated position) — does not.
- Evidence assembled about work, not medicine:
- Employment history showing declining hours, lost jobs, gaps
- Employer statement: accommodations provided, absences tolerated, productivity
- Vocational expert opinion tying service-connected limitations to inability to sustain employment
- SSA disability records
- The TDIU form filed — not left to inference.
Phase 9 — Reading the decision
- "Evidence" list checked — is everything you submitted there? (Omission = duty-to-assist ground.)
- "Reasons for Decision" read to identify WHICH ELEMENT FAILED:
| Says | Failed | Lane |
|---|---|---|
| No current disability | Diagnosis | Get diagnosed → supplemental |
| No in-service event | Records | Buddy statements, personnel records, markers → supplemental |
| Does not establish a link | Nexus (most common) | Nexus opinion in the right words → supplemental |
| Examiner opined less likely than not | Negative opinion controls | Private opinion rebutting it → supplemental |
| Not compensable under the criteria | Severity | Evidence already there → HLR; new evidence → supplemental |
| No explanation of why one opinion won | Reasons and bases | HLR or the Board |
- Rating arithmetic verified — combined ratings are not additive (remaining-efficiency table, then round to the nearest 10).
- Effective date verified: intent to file? within a year of separation? increase ascertainable up to a year before filing?
- Staged ratings considered where severity varied over the period.
- Separate ratings considered where conditions produce distinct symptoms.
Phase 10 — Choosing a lane (one year from the decision)
- Supplemental claim — the only lane that accepts new evidence; duty to assist reattaches. Use for evidentiary denials.
- Higher-level review — same record, de novo, no new evidence; request the informal conference and cite pages meeting each criterion. Use for misapplied criteria.
- Board (notice of disagreement) — direct review (fastest) · evidence submission (90 days) · hearing (slowest by far; use only where credibility matters).
- Lanes may be used in sequence, with the effective date preserved if each step is filed within one year.
- 120 days from a Board decision to the Court of Appeals for Veterans Claims — hard deadline.
- EAJA fees available at the Court (fees against the government) — representation costs nothing out of pocket.
- Clear and unmistakable error considered for final decisions (high standard; revises the effective date).
Phase 11 — Benefits that must be separately claimed
- Dependency claim filed the day a rating reaches 30% — spouse, children, dependent parents. Not automatic.
- Special monthly compensation screened: loss of use · aid and attendance · housebound · specified combinations.
- Automobile and adaptive equipment grant · specially adapted housing · clothing allowance.
- Concurrent receipt for retirees: CRDP (20 years + ≥50%) vs. CRSC (combat-related) — cannot receive both; annual election; compare the numbers.
- Veteran Readiness and Employment applied for.
- VA health care enrollment (eligibility expanded under the PACT Act).
- Caregiver program (PCAFC) screened, and respite asked about specifically.
- State benefits — property tax exemption · tuition waivers · license fees · state veterans homes. Ask a county or state veterans service officer; VA does not administer these.
- Survivors: DIC, burial benefits, plot allowance, headstone, and accrued benefits for a claim pending at death.
Phase 12 — Discharge and representation
- Other-than-honorable discharge? Character of discharge determination requested, and a discharge upgrade application considered through the service branch review board — particularly where the discharge is attributable to PTSD, TBI, or MST.
- Representation: VSO representative (free) for the initial claim · county or state veterans service officer for state benefits · accredited attorney/agent for appeals (may not charge for an initial claim; typically 20% of past-due amounts, paid by VA).
- Accreditation verified on VA's searchable list.
- Avoided: anyone guaranteeing a rating · charging upfront for an initial claim · seeking a share of monthly benefits.
- Veterans Crisis Line noted: 988, press 1 (or text 838255) — 24 hours, no enrollment required.
Related documents
- Veterans Benefits
- Filing and Appealing a VA Disability Claim
- Veterans Benefits Toolkit
- Social Security Disability Application and Appeal Checklist
- Expungement and Record Relief Checklist
- Medicaid Long-Term Care Eligibility Checklist
This checklist is educational and not legal advice. VA regulations, presumptive lists, and rating criteria change. Consult an accredited representative — VSO services are free — about a specific claim.