Military veterans with medical disabilities who began or were aggravated during their military service can file a claim for VA disability benefits at any time. The VA makes filing for benefits especially easy for recently separated or retired service members. The process becomes somewhat more involved for those who delay their disability claims, but savvy veterans can preserve months of disability benefits by leveraging something called an Intent to File. 

Grace Period For Filing a VA Disability Claim 

Veterans can apply for VA disability benefits within one year of leaving active duty. Applying within this timeframe allows benefits to start the day after separation. This means you may receive retroactive payments dating back to that day.

However, if you file your application more than one year after separation, the effective date is typically when the VA receives your application. Therefore, to maximize potential benefits, filing your application within one year of leaving active duty is advisable.

Filing During The 12-Month Grace Period

Veterans filing for VA disability benefits within 12 months of separation may receive:

• Retroactive Benefits: Your benefits’ effective date will typically be the day after your separation. This means you can receive back pay for the months between your separation date and when your application for VA disability benefits is processed and approved.
• Streamlined Processing: Filing early may result in faster processing because your service records are more readily accessible.
• Priority Consideration: Applications filed within the grace period may receive priority as part of the VA’s goal to assist newly separated veterans.

For example, If you separated on January 1, 2024, and filed your application for VA disability benefits on June 1, 2024 (within the grace period), your benefits would be calculated starting from January 2, 2024, provided your application is approved. This retroactive payment can significantly increase the amount you receive.

“The Fine Print” and Grace Period Limitations 

Remember, the grace period only lasts from the day after separation or retirement until 12 months from separation or retirement. It cannot be extended beyond that, even if you submit an intent to file (more on that later)

The grace period in the VA claims process does not require a formal filing or application. Instead, it is an automatic 12-month window after separation or retirement from active duty during which veterans can file their application for VA disability benefits and secure the most favorable effective date.

Filing multiple applications for VA disability benefits during the grace period is possible but not advised. If you already have submitted an application during your grace period, and then you submit a second application during the grace period, the second application will slow down the processing of the first application. The VA already takes up to 180 days to process an application, so slowing this down could take a year to process your applications. 

Instead of submitting multiple applications within your grace period, we advise you to include all your medical problems (claims) on the initial application you submit during that period. 

It is worth noting that multiple applications during the grace period are pretty rare. In most conversations with VA Service Representatives, clients have been told the grace period is only suitable for a single application for VA disability benefits. 

Intent to File a VA Disability Claim

An Intent to File (ITF) is a formal notification to the Department of Veterans Affairs (VA) that you plan to apply for VA disability, pension, or survivors’ benefits shortly. It establishes an effective date for your benefits even without a complete application.

An ITF has several features:

• Establishes an Effective Date: The effective date of the ITF is the date from which the VA will calculate and pay benefits if your application is approved. It is based on when the VA receives your ITF, provided you submit your completed application within the required timeframe.
• 12 months to Complete Your Claim: You have one year after submitting your ITF to apply for VA disability benefits. Benefits will be retroactive to the ITF date if the application is submitted within that year.
• Time to Prepare a Strong Claim: After filing the Intent to File, you have up to 12 months to submit your complete application for VA disability benefits.
• Protects Your Rights: Filing an Intent to File locks in your effective date and ensures that you won’t lose out on retroactive benefits even if you need time to prepare.
• Risk-Free Filing: Submitting an Intent to File doesn’t require supporting documentation upfront. It’s a simple and fast way to secure your benefits while allowing you to finalize the complete application.

Without an ITF, a completed application submitted on December 1, 2024, would have the same date as the effective date for benefits.

With an ITF filed on June 1, 2024, and an application submitted on December 1, 2024, your benefits start on June 1, 2024.

Submitting an Intent to File is Easy

Like any government bureaucracy, the VA can sometimes impose cumbersome administrative requirements. Thankfully, veterans are spared when it comes to filing an ITF. You can submit an ITF to the VA in several ways. 

• Online through your VA.gov account: https://www.va.gov/resources/your-intent-to-file-a-va-claim/
• By Phone: 1-800-827-1000.
• By Mail: Send a written notification to your VA Regional Office.
• In Person: Filing at your VA Regional Office.

Single Intent to File Applies to a Single Claim Only

You can only submit a single application for VA disability benefits using an ITF. Once you apply, the ITF is gone. Any application submitted after your initial ITF will have a later effective date.

Comparison of the Grace Period to the Intent to File

The ITF and the grace period (12 months after separation) are related but distinct concepts in the VA claims process. Here’s a breakdown of how they compare:

Grace Period:

• Action Required: None. It is automatically applied when you retire or are separated from active duty.
• Purpose: A 12-month window to apply for VA disability benefits after leaving active duty.
• Timing: Begins on the day of separation and ends 12 months later.
• Effective Date: If an application for VA disability benefits is filed during the grace period, the effective date is typically the day after separation. An Intent to File is not required to lock in this effective date if the application is filed within the grace period.
• Limitation: After the grace period, benefit effective dates are based on the application or Intent to File date.

Intent to File

• Purpose: It sets an effective date while giving veterans up to 12 months to submit a complete application.
• Timing: Can be submitted at any time (before, during, or after the grace period).
• Effective Date: The date the VA receives the Intent to File. If a complete application for VA disability benefits is submitted within the next 12 months, benefits are retroactive to this date.
• Flexibility: Offers a placeholder for veterans who need additional time to gather evidence, medical records, or other supporting documentation.

Submitting an ITF During The Grace Period

An Intent to File (ITF) can be submitted during the 12-month grace period following your separation from active duty. Submitting an ITF protects your effective date if you can’t apply for benefits within the grace period.

You don’t need to submit an ITF if you apply for benefits within the grace period. Consider an ITF only if applying after the grace period.

Consider two examples. You separated on January 1, 2024. Unable to file a complete claim by the deadline, you filed an ITF on July 1, 2024 and your claim on February 1, 2025.

When your claim is finally processed, you will receive benefits retroactively to July 1, 2024. Your ITF would save you six months’ worth of benefits. 

Suppose you are still separated on January 1, 2024, and filed the same ITF on July 1, 2024, but are slightly better organized and managed to file your completed disability claim on December 1, 2024.

Because you filed within the 12-month grace period, your benefits start on January 1, 2024.

Putting it All Together

To maximize disability benefits, veterans should file a well-prepared claim within 12 months of leaving active duty.

If you miss the one-year deadline, an ITF establishes a new start date for disability benefits. It’s best to submit an ITF as soon as you realize you can’t meet the deadline.

Be careful, though. You cannot combine your grace period with an ITF. An ITF will set the start date for your benefits, but it does not count as a claim itself. Failing to file a disability claim within 12 months of your DD-214 may reduce your benefits.