Military veterans with medical disabilities that began or were aggravated during their military service can file a claim for VA disability benefits at any time. The VA makes the process of 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 

The Department of Veterans Affairs (VA) allows veterans to file an application for VA disability benefits (application) within one year (12-months) of their separation or retirement from active duty. If you submit your application within this timeframe, the effective date—the date from which your benefits are calculated—can be as early as the day following your 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 the date the VA receives your application. Therefore, to maximize potential benefits, it’s advisable to file your application within one year of leaving active duty.

Filing During The 12-Month Grace Period

If you file your application for VA disability benefits during the 12-month grace period following your separation or retirement, you may receive the following benefits:

• 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 the date 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 with 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 on average 180 days to process an application, so slowing this down could make your applications take a year to be processed. 

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

It is worth noting that multiple applications during the grace period are a pretty rare event. In most conversations with VA Service Representatives, clients have been told the grace period is only good 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 submit an application for VA disability benefits, pension, or survivors’ benefits in the near future. It serves as a placeholder to establish an effective date for your benefits, even if you haven’t completed and submitted the full application yet. 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 up to 1-year from the date the VA receives your ITF to complete and submit your application for VA disability benefits. If the application is submitted within that year, benefits will be retroactive to the ITF date.
• Time to Prepare a Strong Claim:  You have up to 12 months to submit your complete application for VA disability benefits after filing the Intent to File.
• Protects Your Rights: Filing an Intent to File locks in your effective date and ensures that even if you need time to prepare, you won’t lose out on retroactive benefits.
• 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 giving you flexibility to finalize the full application.

For example: without an ITF, if you submit a completed application on December 1, 2024, the effective date for your disability benefits would be December 1, 2024.

By contrast, if you filed an ITF on June 1, 2024, and submitted the same completed application on December 1, 2024, the effective date will be June 1, 2024, and you’ll receive six months of retroactive benefits.

Submitting an Intent to File is Easy

Like any government bureaucracy, the VA can impose some cumbersome administrative requirements at times. Thankfully, when it comes to file an ITF, veterans are spared.  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: Sending 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 submit the application, the ITF is gone. If you submit another application after the application which is associated with your ITF, the earliest effective date for your benefits will be the day you submit the second application. 

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 separate from active duty.
• Purpose: A specific window of opportunity to file an application for VA disability benefits within 12 months of separation or retirement from 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: Once the grace period ends, any application for VA disability benefits filed will have an effective date based on when the VA receives the application or an Intent to File.

Intent to File

• Purpose: To establish an effective date for benefits while giving the veteran time (up to 12 months) to complete and submit their full application with all attachments and supporting evidence.
• 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 full 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 during this period is a great way to protect your effective date if you will not be able to submit your application for VA disability benefits during your grace period. 

However, if you plan to submit your application for VA disability benefits during your grace period, then you don’t need to submit an ITF. The ITF should only be considered when you are or will be outside of your grace period when you file your disability claim. 

Consider two examples. You separated January 1, 2024, and realized the following summer, you would not be able to file a well prepared claim within 12-months of your separation date. You decide to submit an ITF on July 1, 2024, and eventually file your completed claim on February 1, 2025 (after your grace period expires). When your claim is finally processed, you would receive benefits retroactively to July 1, 2024. Your ITF would save you six months worth of benefits. 

Now, suppose that you still separated on January 1, 2024, and filed the same ITF on July 1, 2024, but were slightly better organized and managed to file your completed disability claim on December 1, 2024. Because December 1, 2024, is within your 12-month grace period from separation, your benefits would be awarded retroactively to January 1, 2024, and your intent to file would have no effect whatsoever. 

Putting it All Together

For veterans who have recently left active duty service, the most important thing to remember is that you should file a well prepared claim within 12-months of your military retirement or separation to maximize your disability compensation. 

For those unable to file within that time period, submitting an ITF can set a new start date for your disability compensation. Generally, if you cannot file a disability claim within one year of leaving active duty, you should submit an ITF as soon as you realize that is the case. 

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. If the VA does not receive your disability claim within 12-months of the date on your DD-214, you will forfeit some portion of the disability benefit you may be entitled to.