Filing a mental health claim? Here’s what you need to know!

So you’ve decided. You’re going to be filing a mental health claim. What should you do and how do you do it?

Submit your intent to file

The first thing you should do filing a mental health claims is submit your intent to file. You can do this on paper or online (VA Form 21-526EZ -Application for Disability Compensation and Related Compensation Benefits). If you plan to file for disability compensation using a paper form, you want to submit an intent to file form first. This will give you the time you need to gather your evidence while avoiding a later potential start date (also called an effective date).

When you notify the VA of your intent to file, you may be able to get back pay from your intent to file date. If you file for disability compensation online, then you don’t need to notify the VA of your intent to file. This is because your effective date gets set automatically when you start filling out the form online—before you submit it.

You’ll need to submit medical or lay evidence that shows:

• • You have a current mental health disability

• • You experienced an event during active-duty service

• • There’s a link between your current condition and the event that happened during your service. Usually, the VA needs medical records or medical opinions from healthcare providers to support this link. They may also accept lay evidence, like a buddy statement (VA Form 21-10210 -use this form to submit a formal statement to support your VA claim—or the claim of another veteran or eligible family member. People call this statement a “buddy statement.”)

Start gathering your evidence

You can support your VA disability claim by providing these documents:

• • VA medical records and hospital records. These should relate to your mental health condition. If you are already rated and seeking an increase, they could show that your rated disability has gotten worse.

• • Private mental health treatment records and hospital reports. These should relate to your mental health condition If you are already rated and seeking an increase, they could show that your rated disability has gotten worse.

• • Supporting statements. These could be from family members, friends, clergy members, law enforcement personnel, or people you served with. These statements could share more about your condition, how and when your symptoms arose or worsened, and how your life has been impacted.

Submit your forms

In addition to the forms mentioned above,

• • For mental health and PTSD, you’ll also need to submit VA Form 21-0781 -Statement in Support of Claimed Mental Health Disorder(s) Due to an In-Service Traumatic Event(s)

• • To give VA permission to request your medical records, you’ll need to submit VA Forms 21-4142/ 21-4142a -gives VA permission to request your medical records and information from non-VA sources to support your claim.

Types of mental health claims VMHA supports

Initial claim

A claim for those who do not already have a service connected mental health disability.

Increased claim

A claim seeking increased compensation for a disability that is already service connected and has worsened.

Evidence for your claim will focus on how your mental health disability has gotten worse. 

Secondary service-connected claim

A claim for a new mental health disability that is linked to a service-connected disability you already have.

You’ll need to submit medical and/or lay evidence that shows these are true:

• • You have a new mental health condition, and

• • There’s a link between the new condition and the disability already determined as service connected. 

Usually, the VA needs medical records and/or medical opinions from healthcare providers to support these claims. In certain circumstances, they may also accept lay evidence, like a buddy statement (VA Form 21-10210).  

To pursue service connection and maximize your chances of getting an accurate rating from the VA, a great first step is a mental health assessment, which provides a medical opinion from an experienced psychologist. The assessment will determine whether you meet criteria for a mental health diagnosis and will provide the evidence you need to submit to the VA in support of your claim. If you’re seeking to increase your rating for an existing claim, then you will need to show that your condition has worsened. A medical opinion from an experienced psychologist can help provide this evidence. 

Here at VMHA, our psychologists specialize in conducting assessments for veterans who need independent medical opinions to support their claims. Take our quiz to find out if a mental health assessment may help you in your claims process.  If it is, sign up for a free consultation, and we’ll connect you with one of our psychologists.