How to File a Veterans Disability Claim

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

Veterans could be required to provide proof to support their claim. Claimants can expedite the process by making appointments for medical exams and submitting the required documents promptly.

Identifying an impairment

Injuries and illnesses that result from service in the military, like musculoskeletal disorders (sprains or arthritis and so on. ) and respiratory ailments and hearing loss are quite common among veterans disability lawyer. These conditions and injuries are usually accepted for disability compensation at a much higher rate than other ailments because they can have lasting effects.

If you were diagnosed with an injury or illness while on active duty, the VA will require evidence that this was the result of your service. This includes medical records from private hospitals and clinics related to your illness or injury as well the statements of friends and family about your symptoms.

The severity of your condition is a key factor. Veterans who are younger can generally recover from a few bone and muscle injuries, when they are working at it but as you get older, your chances of recovering from these kinds of ailments decrease. It is imperative that veterans file a claim for disability when their condition remains serious.

People who have been classified as having a 100% permanent and total disability might be eligible to apply for Social Security Disability Insurance/Supplemental Security Income (SSI/SSDI). It can be helpful to the Veteran to supply the VA rating notification letter that was sent by the regional office. The letter should state that the rating is "permanent" and that no further tests are scheduled.

Gathering Medical Evidence

If you wish to have your VA disability benefits approved it will require medical evidence to prove that the medical condition is severe and incapacitating. This could be private documents, a letter from a physician, or another health professional who treats your condition. It could also include images or videos that demonstrate your symptoms.

The VA is legally required to take reasonable steps to obtain relevant evidence on your behalf. This includes both federal and non-federal records (private medical records, for instance). The agency should continue to search for these records until it is reasonably certain that they do not exist. Otherwise, any further efforts will be in vain.

The VA will create an examination report when it has all the relevant information. It is based on the patient's history and the symptoms, and veterans Disability is typically submitted to a VA examiner.

This report is used to make a final decision regarding the claim for disability benefits. If the VA decides that the condition is related to service the claimant will receive benefits. If the VA disagrees, the person can contest the decision by filing an Notice of Disagreement and requesting an examiner at a higher level to review their case. This process is called a Supplemental Statement of the Case. The VA may also allow a reopening of an earlier denied claim if they are provided with new and pertinent evidence to back the claim.

Filing a Claim

The VA will require all of your medical, service and military records to prove your disability claim. You can submit these documents by completing an eBenefits application on the VA website or in person at an VA office near you or by mail using Form 21-526EZ. In some cases, you might require additional documents or forms.

Finding civilian medical records which support your medical condition is also crucial. This process can be made easier by providing the VA with the full address of the medical care facility where you received treatment. It is also important to give the dates of your treatment.

The VA will conduct an examination C&P after you have submitted the required documents and medical evidence. This will consist of a physical exam of the affected part of your body. Also depending on how you're disabled the lab work or X-rays might be required. The examiner will prepare an examination report and submit it to the VA for review.

If the VA determines that you're entitled to benefits, they'll mail an approval letter that contains an introduction, their decision to approve or deny your claim. They will also provide the rating and the specific disability benefit amount. If you are denied benefits, they will provide the evidence they considered and their reasoning behind their decision. If you appeal the decision, the VA will send an Supplemental Statement of the Case (SSOC).

Make a Decision

During the gathering and reviewing of evidence it is essential for claimants to stay aware of the forms and documents they have to submit. If a form is not completed correctly or the correct kind of document isn't provided the entire process could be delayed. It is important that claimants attend their scheduled exams.

The VA will make a final decision after reviewing all the evidence. The decision can either accept or deny the claim. If the claim is denied, it is possible to submit a Notice of Disagreement (NOD) asking for an appeal of the decision.

The next step is to prepare a Statement of Case (SOC). The SOC is an official document of the evidence, the actions taken, the decisions made, and the laws that govern those decisions.

During the SOC, a claimant may also add new information to their claim, or request that it be re-judged. This is known as a Supplemental Claim or Higher-Level review, or Board Appeal. Making changes to an existing claim can help expedite the process. These appeals allow an experienced or senior law judge to look over the initial claim for disability again and possibly make a different determination.