How to File a Veterans Disability Claim

A veterans disability claim is a request for compensation due to an injury or disease related to military service. It could also be a claim for dependency and indemnity compensation (DIC) for spouses who have died and dependent children.

A veteran may have to submit documents to support the claim. Claimants can expedite the process by scheduling appointments for medical examinations and submitting requested documents on time.

Identifying the Disabling Condition

The military can lead to injuries and diseases such as arthritis, musculoskeletal problems, and sprains. ) and respiratory issues and hearing loss are frequent among veterans disability law firm. These injuries and illnesses are deemed to be eligible for disability benefits at a higher rate than other ailments due to the long-lasting consequences.

If you were diagnosed as having an illness or injury while on active duty, the VA will require evidence that this was caused by your service. This includes medical clinic records and private hospital records relating to your illness or injury as well as statements from friends and family regarding your symptoms.

The severity of your illness is a key aspect. If you're a hard-working person younger vets are able to recover from certain muscle and bone injuries. As you age however, your chances of recovering diminish. This is why it is essential for veterans disability lawyers to file a disability claim at an early stage, even if their condition isn't too severe.

Those who have been rated as having a 100% permanent and total disability might be eligible to apply for Social Security Disability Insurance/Supplemental security Income (SSI/SSDI). It is helpful to the Veteran if they provide the VA rating notification letter that was issued by the regional office. The letter should state that the rating is "permanent", and that no further examinations are scheduled.

Gathering Medical Evidence

If you'd like to have your VA disability benefits to be approved it will require medical evidence proving that the medical condition is severe and incapacitating. This can include private documents, a note from a physician, or other health care provider, who treats your condition. It could also include photos or videos that demonstrate your symptoms.

The VA is required by law to make reasonable efforts to obtain relevant evidence on your behalf. This includes both federal and non-federal records (private medical records, for instance). The agency is required to search for these types of records until it's reasonably certain that they are not there or else the efforts will be in vain.

After the VA has all of the necessary information it will then prepare an examination report. It is based on the claimant's history and symptoms and is typically submitted to a VA examiner.

This examination report is then used to decide on the disability benefit claim. If the VA decides that the disability condition is related to service the claimant will receive benefits. Veterans can appeal against a VA decision if they disagree by submitting a notice of disagreement, and requesting a higher level examiner review their case. This is known as a Supplemental State of the Case. The VA can also decide to reopen an earlier denied claim if it is presented with new and relevant evidence to back the claim.

How to File a Claim

To prove your claim for disability, the VA will require all your medical records and service records. You can provide these by completing the eBenefits application on the web in person at a local VA office or by sending them to the VA using Form 21-526EZ. In some instances, you might require additional documents or forms.

It is also essential to locate any medical records from a civilian source that may support your health condition. You can make this process faster by submitting complete addresses for medical care facilities where you have received treatment, providing dates of treatment, and being as specific as possible about what records you are sending the VA. Locating the location of any medical records from the military you have will enable the VA benefits division to access those as well.

The VA will conduct an examination C&P after you have submitted the necessary paperwork and medical evidence. This will involve a physical exam of the affected part of your body and depending on how you're disabled testing with a lab or X-rays may be required. The doctor will create an examination report, which he or she will send to the VA.

If the VA determines that you're eligible to receive benefits, they will send you a decision letter which includes an introduction and a decision to either approve or deny your claim, an assessment and an exact amount of disability benefits. If you are denied, they'll detail the evidence they looked over and the reason for their decision. If you file an appeal the VA will send a Supplemental Case Statement (SSOC).

Get a Decision

During the gathering and reviewing of evidence it is essential for claimants to be aware of the forms and documents they must submit. If a form isn't filled out correctly or if the proper type of document isn't submitted the entire process could be delayed. It is important that claimants take their exams on time.

After the VA evaluates all the evidence, they'll come to an informed decision. This decision will either be in favor or against the claim. If the claim is denied, it's possible to submit a Notice of Disagreement (NOD) in order to request an appeal of the decision.

The next step is to write a Statement of Case (SOC). The SOC is an accounting of all the evidence considered, actions taken, the decisions made, and the laws governing those decisions.

During the SOC, a claimant may also add additional information to their claim, or get it re-judged. This is known as a Supplemental Claims or Higher-Level review, veterans disability or Board Appeal. The addition of new information to an existing claim may help expedite the process. These types of appeals allow an experienced reviewer or veterans law judge to go over the initial disability claim again and potentially make a different decision.