Based on your favorable Character of Discharge (COD) determination, your immediate next step is to file a Supplemental Claim (38 CFR 3.2501) for the underlying disability benefits that were previously barred by your discharge status; this action will preserve your original Intent to File (ITF) date for backpay purposes, as established under *Buchanan v. Nicholson*, which held that a claim for benefits remains pending until a final decision on all issues—including character of discharge—is made. You must submit this Supplemental Claim on VA Form 20-0995 along with "new and relevant evidence" (38 CFR 3.2501(a)(1)), which in this context is the favorable COD decision itself, as it constitutes the new evidence necessary to reopen the claim. Do not start an entirely new claim, as this would establish a new ITF and potentially forfeit significant retroactive benefits. When you file, clearly reference your prior claim number and explicitly state that you are seeking service connection for specific conditions now that the bar to benefits has been removed; you will then be scheduled for Compensation & Pension (C&P) exams for those conditions, and ratings will be assigned per the appropriate Diagnostic Codes in 38 CFR Part 4 (e.g., 4.130 for mental disorders). **Disclaimer: This is educational information for claims strategy and is not intended as legal or medical advice; for personal guidance, consider consulting with an accredited VA attorney or claims agent.**
Need a deeper analysis?
Our AI analyzes your specific situation against thousands of BVA decisions.
Analyze Your Claim Free