Menu

Regulation · 38 CFR § 3.151

38 CFR 3.151: Filing a claim for VA disability benefits

§ 3.151 Claims for disability benefits.

Claim Raven explanation

What this means

Payment of VA disability benefits generally requires a claim on the prescribed form. This section also addresses how compensation and pension claims may be considered in relation to one another.

A medical record showing a diagnosis is not automatically a complete application. The filing, scope-of-claim, and complete-claim rules explain what VA needs to identify and process the requested benefit.

How this helps your claim

This helps you distinguish evidence supporting a claim from the claim submission itself. Confirm that the intended benefit and relevant condition are properly identified in the application.

What to check in your records

Use your decision, examination reports, and relevant records to check the following points.

  • Locate the filed application and confirmation of receipt.
  • Check the benefit requested and the conditions or symptoms identified.
  • Compare any incomplete-application notice with the information supplied.

Identify the benefit and the completed submission

A diagnosis in a treatment record explains a medical fact; an application tells VA that you are seeking a benefit. This distinction matters when looking back through a file containing years of medical care but only a later formal claim.

Keep a copy of the submitted application and confirmation of receipt. Check that the benefit and issues described in the submission match those addressed in the decision. If compensation and pension both appear in the correspondence, distinguish the requirements and outcome for each rather than treating them as one benefit.

Does telling a VA doctor about symptoms file a claim?

A medical conversation should not be assumed to satisfy the prescribed application requirement. Treatment documentation can be evidence, while filing is a separate administrative step. Review the actual claim records and applicable filing rules before assuming that the first treatment date was also a claim date.

Put this information to use

See what your claim document supports

Start a free Claim Readiness Review to see what one document supports and what may be missing. Choose your document, then confirm your email to run the review.

One free review per verified email. The review does not predict a rating or guarantee a VA decision. You decide what to file.

Official regulatory text

38 CFR § 3.151

eCFR snapshot: September 3, 2026. Layout and spacing are adapted for reading. The full section and its tables are included below.

§ 3.151 Claims for disability benefits.

(a) General. A specific claim in the form prescribed by the Secretary must be filed in order for benefits to be paid to any individual under the laws administered by VA. (38 U.S.C. 5101(a)). A claim by a veteran for compensation may be considered to be a claim for pension; and a claim by a veteran for pension may be considered to be a claim for compensation. The greater benefit will be awarded, unless the claimant specifically elects the lesser benefit. (See scope of claim, § 3.155(d)(2); complete claim, § 3.160(a); supplemental claims, § 3.2501(b)).

(b) Retroactive disability pension claims. Where disability pension entitlement is established based on a claim received by VA on or after October 1, 1984, the pension award may not be effective prior to the date of receipt of the pension claim unless the veteran specifically claims entitlement to retroactive benefits. The claim for retroactivity may be filed separately or included in the claim for disability pension, but it must be received by VA within one year from the date on which the veteran became permanently and totally disabled. Additional requirements for entitlement to a retroactive pension award are contained in § 3.400(b) of this part.

(c) Issues within a claim.

(1) To the extent that a complete claim application encompasses a request for more than one determination of entitlement, each specific entitlement will be adjudicated and is considered a separate issue for purposes of the review options prescribed in § 3.2500. A single decision by an agency of original jurisdiction may adjudicate multiple issues in this respect, whether expressly claimed or determined by VA to be reasonably within the scope of the application as prescribed in § 3.155(d)(2). VA will issue a decision that addresses each such identified issue within a claim. Upon receipt of notice of a decision, a claimant may elect any of the applicable review options prescribed in § 3.2500 for each issue adjudicated.

(2) With respect to service-connected disability compensation, an issue for purposes of paragraph (c)(1) of this section is defined as entitlement to compensation for a particular disability. For example, if a decision adjudicates service-connected disability compensation for both a knee condition and an ankle condition, compensation for each condition is a separate entitlement or issue for which a different review option may be elected. However, different review options may not be selected for specific components of the knee disability claim, such as ancillary benefits, whether a knee injury occurred in service, or whether a current knee condition resulted from a service-connected injury or condition.

(d) Evidentiary record. The evidentiary record before the agency of original jurisdiction for an initial or supplemental claim includes all evidence received by VA before VA issues notice of a decision on the claim. Once the agency of original jurisdiction issues notice of a decision on a claim, the evidentiary record closes as described in § 3.103(c)(2) and VA no longer has a duty to assist in gathering evidence under § 3.159. (See § 3.155(b), submission of evidence).

(Authority: 38 U.S.C 5110(b)(3))

Cross Reference:

Intent to file a claim. See § 3.155(b).

[50 FR 25981, June 24, 1985, as amended at 79 FR 57695, Sept. 25, 2014; 84 FR 168, Jan. 18, 2019]

Related references

Browse the M21 manual library

Ready to review your own document? Start your free claim review.