Veterans who file claims for VA disability benefits will face a waiting period while the VA processes and investigates their claim. However, you might expedite the processing of your VA disability claim by submitting all the evidence for your claim with your application to create a “fully developed” claim. But what makes a claim “fully developed,” and when should you submit one for VA disability benefits?
What Is a Fully Developed Claim?
The VA operates a Fully Developed Claims program that provides faster decisions on disability benefits claims. When a veteran submits a fully developed claim, they represent that their application includes all evidence supporting their claim. The VA, therefore, immediately moves to the consideration of fully developed claims, since it does not have a legal obligation to assist veterans in collecting supporting evidence.
A fully developed claim should include:
- A completed VA Form 21-526EZ Application for Disability Compensation and Related Compensation Benefits
- All private medical records related to the claimed condition(s), including diagnostic scans and test results
- All records of treatment received while in the military for the condition(s)
- All military personnel records that relate to the condition(s)
- Information about related health records that the veteran does not have but that the VA can request, such as records from a federal facility like a military or VA medical center
- Nexus evidence establishing a service connection, including written medical opinions
- Lay buddy statements
The veteran must also certify that they have no further evidence the VA might need to decide their claim. However, the VA can request a veteran submit to a compensation & pension (C&P) exam during consideration of a fully developed claim.
Should a veteran submit additional evidence after submitting their application, initial evidence, and certification, the VA may convert the claim into a standard claim.
Benefits of Filing a Fully Developed Claim
Some of the benefits of filing a VA disability benefits claim under the Fully Developed Claim program include:
- Faster decision-making on your claim due to the reduction or elimination of the need for additional evidence gathering
- Potentially quicker access to VA disability benefits
- Greater control over the evidence presented to the VA
- Shortening the claims process for veterans who have straightforward, well-documented disabilities
When Should You Not File a Fully Developed Claim?
However, veterans may prefer to pursue their claims through the standard process in various circumstances, such as:
- A veteran expects to acquire additional medical evidence, such as upcoming tests, diagnostic scans, or specialist appointments
- The case involves complex medical issues
- A veteran requires the VA’s assistance to gather additional records
- The VA directs the veteran to attend a C&P examination, which may require the veteran to obtain an independent examination to refute findings of the VA’s C&P exam
- A veteran has incomplete or difficult-to-obtain service records (e.g., classified service records)
Filing a fully developed claim under these circumstances may actually slow down the processing of your VA disability benefits claim, as the VA will transfer a claim back to the standard process when a veteran needs to submit additional evidence to support their claim.
When Filing a Fully Developed Claim Is a Smart Strategy
However, circumstances where filing a fully developed claim may provide a better strategy include:
- The veteran has a complete, consistent, and readily available medical record
- The veteran has a robust nexus opinion or overwhelming evidence of a service connection
- The veteran seeks benefits for a straightforward medical condition, such as hearing loss or orthopedic conditions
- The veteran does not anticipate new evidence becoming available and wants a faster decision on their claim
Contact a VA Disability Benefits Lawyer Today
Contact Veterans Law Attorneys today for a free, no-obligation consultation with a VA disability benefits lawyer to learn more about how to build a “fully developed” claim and discuss the circumstances under which filing a fully developed claim can give you an advantage in seeking VA disability benefits.
