How Long Do I Have to File a VA Disability Claim?

Serving our country is a noble endeavor. It is also something that comes with the risk of injury or illness both during the time of your service and after separation. So, how long after military service can you claim disability? Here’s what to know if you’re seeking to make a VA disability claim months, years, or decades after separating from the military. 

How Long Do I Have to File a VA Disability Claim?

There is no time limit on how long you have to file a post-service disability claim with the VA. That means that you may be eligible for veterans’ benefits many years after your time in the service, with no penalties besides potentially missing out on benefits you could have been receiving (though some amount of back pay may be provided). 

The reason for this is that many conditions related to military service may not present with symptoms right away. Likewise, it may take some time for you to make the connection between the health concerns you are experiencing and your military history. 

In addition to there being no deadline or statute of limitations related to VA disability claims, you could be eligible for benefits related to both an injury or illness directly caused by service and/or an injury or illness worsened by service. A veterans’ disability attorney will be able to discuss your eligibility with you, as well as help you through the process of applying for VA benefits. To learn more about when to file a claim, visit https://www.va.gov/disability/how-to-file-claim/when-to-file/.  

How To: Applying for VA Disability Benefits Years After Service

The process for filing a VA disability claim is the same whether you’re applying for VA disability benefits years after service or immediately upon separation*. The only thing that may be a bit more challenging is collecting all of the required documentation.

Here are the steps that you will need to follow:

• Confirm eligibility for VA disability benefits – Visit the Department of Veterans Affairs website to view eligibility requirements and make sure you qualify for disability benefits. 
• Fill out your claim – You can file a VA disability claim online. Search for VA Form 21-526EZ, and fill it out as thoroughly and accurately as possible. 
• Gather supporting documents – The VA requires certain evidence that your condition was caused or worsened by military service. This includes (but is not limited to) service treatment records, post-service medical records, and separation documents. Please note that 
• Comply with VA requests – After receiving your application for benefits, the VA may respond with a request for additional evidence or information. Reply promptly to keep your application process moving along. 

In addition to being able to apply for VA benefits years after separation, you can also file a new claim for benefits that were previously denied. This is called a supplemental claim, and has additional requirements concerning evidence and documentation. 

*You can also file a claim 180 to 90 days prior to discharge. Learn more here. 

How a Veterans’ Disability Lawyer May Be Able to Help

Just because you are filing months or years after separation does not mean that you are not in urgent need of benefits. A veterans’ disability lawyer may be able to help you speed up your claims process with the VA, with services that could include:

• Collecting medical records and other documentation on your behalf
• Putting together a strong argument for why your claim should be approved
• Verifying the accuracy of your completed VA claim application

A veterans’ benefit lawyer can also be a major asset if you are appealing a VA disability claim that was denied partially or in full. At Gordon & Partners, we have many years of experience helping veterans file initial disability claims and appeals with the VA, and can help you navigate the process immediately upon separation or months or years later. 

Is It Too Late to File for VA Disability?

No, it is never too late to file a disability claim with the VA. 

If you are experiencing ill health related to your service, we encourage you to file for VA disability benefits regardless of how long it has been since separation. You may be eligible for a wide range of life-changing benefits, including disability compensation, adapted housing grants, and VA-sponsored life insurance. 

Get a Free Review of Your VA Disability Claim

Now that you know you can file a disability claim with the VA at any time after service, your best next step may be seeking out legal assistance for the process. 

Gordon & Partners veterans’ disability lawyers work on a contingency fee basis, meaning you won’t owe us anything until your VA claim is approved. Contact us today for a free evaluation of your claim, and get qualified support applying for benefits or appealing a denied claim.