Would you like to get a decision on your VA disability claim faster? If so, filing a fully developed claim may be a good option for you.
Talk to Us About Your Claim:
(812) 426-7200
You think you qualify for VA disability benefits and you’re wondering if there’s any way to speed up the VA’s decision, so you can start getting the compensation you deserve. A fully developed claim for VA disability benefits may mean you can get a decision on your claim more quickly than if you go the traditional claims route.
In this article about VA fully developed claims:
What is a fully developed claim?
A fully developed claim (FDC) is a claim for VA disability benefits that includes all necessary information and a certification that says there’s no additional evidence in your case.
The VA designed the FDC program to help veterans get decisions back on their disability claims faster. Without this process, the current average wait time for a VA claim decision is #N/A.
The VA says filing an FDC is faster because it doesn’t require them to search for and repeatedly request records that are relevant to your case. By law, the VA has to ask for these records from private parties at least a second time if the agency does not receive them the first. This can result in months of additional waiting before they can move on to the next step.
Certifying with the VA that you have included all the necessary records allows them to circumvent this process. In theory, this eliminates some of the wait.
Filing a fully developed claim
There’s a process to follow when filing any VA disability claim, whether it’s an FDC or a regular VA claim.
You may want to start by filing an intent to file (ITF) form. This form lets the VA know that you intend to file your claim within one year. With an intent to file, you may be able to get retroactive payments back to the date of the ITF if your claim is granted.
The next step is filling out your application, which can be done online. The same form is used for an FDC as any other VA disability application.
Be sure the application is thorough and fully explains your condition. You’ll also want it to contain all the evidence you can to support your claim. This includes your DD214 and other military records, service treatment records, and any medical evidence or treatment records from your doctor. You also may want to include a Disability Benefits Questionnaire (DBQ) from a physician to support your claim.
You will certify that there is no more evidence the VA needs to make a decision on your FDC. When filing an FDC, you do not submit VA Form 21-4142, which is an authorization and consent to release information to the VA. The traditional claims process uses this form to gather information on your behalf. You provide all this information yourself in the FDC process.
If the VA doesn’t think all the private evidence it needs to make a decision is in your claim, it will move your claim into the regular process and begin gathering the information it deems necessary.
Fully developed claim VA timeline
In theory, the fully developed claim VA timeline should be shorter than the timeline for a regular claim for VA disability benefits. Shorter wait times for vets is the main motivation behind the program, after all.
In reality, as with all VA wait times, there is fluctuation. The fully developed claim VA timeline changes from month to month, and at times it may be equal or shorter than the regular timeline. In 2024, the average wait time for a decision on an FDC is actually slightly longer than the wait time on a regular VA disability claim, though the difference is minimal.
Some tips the VA offers to speed up your fully developed claim timeline include filing online through an eBenefits account, submitting a DBQ with your claim, submitting all evidence together at the same time you submit your FDC, and working with a VA accredited entity, like a VSO or attorney.
You can also use your eBenefits account to track your claim throughout the process, which may give some indication of how much longer it will be before you receive your decision.
What to do if a fully developed claim is denied
An FDC can be denied, just like any other VA disability benefits request. If your claim is denied or you disagree with the rating decision, you have the right to file an appeal.
If you appeal, you’ll need to choose between three lanes that will each handle the appeal differently.
1. Higher-level review
The first option is requesting a higher-level review (HLR). To do this, you’ll need to complete form VA 20-0996.
If you request an HLR, your case is given to a senior claims adjudicator for a new review. Essentially you are escalating the claim by one step, to someone above the initial reviewer. The adjudicator will look at the information already submitted and search for any errors. No additional evidence is allowed. You have one year from the decision date on the claim you’re appealing to request an HLR.
2. Supplemental claim
Your second option is to file a supplemental claim, which basically means you’re claiming that there is new evidence to submit that you did not include in your initial application.
The new evidence submitted must fit the VA’s definition of “new and relevant,” meaning the VA didn’t have this evidence previously and that it could “prove or disprove” part of the disability claim.
To file a supplemental claim, you must complete VA Form 20-0995.
3. Notice of disagreement
Your final option is to have a Veterans Law Judge review the case through an appeal with the Board of Veterans’ Appeals (BVA). To do this, you must complete VA Form 10182, also known as a Notice of Disagreement (NOD).
Appealing through the BVA allows you to choose between three types of reviews:
- A direct docket review: Requesting that the board review existing evidence without a hearing.
- Evidence docket submission: Submitting additional evidence (within 90 days of filing the appeal) for the board to review and consider without a hearing.
- Hearing docket: Requesting a hearing with a Veterans Law Judge. Veterans can submit optional additional evidence at the hearing or within 90 days of the hearing, but it’s not required. This option usually results in longer wait times compared to the direct docket or the evidence docket.
Again, you have one year from the decision date on the claim you’re appealing to request a review from the Board.
How Woods & Woods can help
At Woods & Woods, we focus on helping non-working veterans with service-connected conditions get individual unemployability benefits and, in some cases, increased ratings. We also help survivors of veterans receive their DIC benefits. If you think we can help you with your claim, call us today for a free case evaluation. You won’t pay us unless we take and win your case.
Talk to Us About Your Claim:
(812) 426-7200
FREQUENTLY ASKED QUESTIONS
Whether you submit a fully developed claim is up to you. However, if you think you know all of the necessary information and evidence you need to support your claim, and are prepared to collect it yourself, the VA states an FDC has the potential to speed up your claim’s timeline.
According to the VA, a fully developed claim is no more or less likely to be approved than a claim that goes through the traditional process.
Neil Woods
VA disability attorney
Woods & Woods
Neil Woods is the firm’s owner and president. He received his law degree from Western Michigan University.
