How to File a Veterans Disability Claim

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

Veterans may be required to provide proof to support their claim. Claimants can speed up the process by keeping appointments for medical examinations and sending the required documents promptly.

Recognizing a disabling condition

Injuries and illnesses that result from serving in the military, such as musculoskeletal disorders (sprains arthritis, sprains etc. Veterans are at risk of respiratory problems as well as hearing loss and other ailments. These ailments and injuries are considered to be disability-related at a higher percentage than other ailments due to the lasting effects.

If you were diagnosed with an injury or illness during your time of service, the VA must be able to prove it was the result of your active duty. This includes medical documents from private hospitals and clinics related to the illness or injury as well statements from family members and friends about the symptoms you experience.

One of the most important aspects to consider is how severe your situation is. If you are a hard worker younger vets may recover from certain bone and muscle injuries. As you get older however, the chances of recovery diminish. This is why it is vital for veterans to file a claim for disability early on, while their condition is still serious.

The people who have been rated as having a 100% permanent and total disability could be eligible to apply for Social Security Disability Insurance/Supplemental Security income (SSI/SSDI). It will be beneficial to the Veteran if they provide the VA rating notification letter that was sent by the regional office. This letter should indicate that the rating is "permanent" and that no further exams are scheduled.

Gathering Medical Evidence

If you want your VA disability benefits to be approved it will require medical evidence that the condition is severe and disabling. This can include private medical records, statements from a physician or other health care professional who treats your illness, as well as evidence in the form of photos and videos that demonstrate your symptoms or injuries.

The VA is required by law to make reasonable efforts to acquire relevant evidence on your behalf. This includes both federal and non-federal records (private medical records, for instance). The agency must continue to look for these records until it is reasonably certain that they don't exist. Otherwise, further efforts will be futile.

The VA will prepare an examination report after it has all the relevant details. This is based on the patient's history and the symptoms, and is usually presented to an VA examiner.

This report is used to make a determination on the claimant's eligibility for disability benefits. If the VA decides that the disability condition is a result of service the claimant will receive benefits. veterans disability lawyers can appeal the VA decision in the event of disagreement by filing a written notice of disagreement and asking that 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 appeal that was previously denied in the event that it receives fresh and relevant evidence that backs the claim.

How to File a Claim

To support your claim for disability disability benefits, the VA will need all of your medical and service records. They can be provided by filling out the eBenefits application on the web in person at a local VA office, or by mail using Form 21-526EZ. In some cases you may require additional documents or forms.

Finding medical records from civilians which support your medical condition is also important. This process can be made easier by providing the VA with the complete address of the medical care facility where you received treatment. You should also provide the dates of treatment.

After you have submitted all required documentation and medical proof after which the VA will conduct a C&P examination. It will include an examination of the affected area of your body and depending on the degree to which you are disabled testing with a lab or X-rays could be required. The doctor will create an examination report, which he or she will then send to the VA.

If the VA decides that you are entitled to benefits, they will send an approval letter that contains an introduction the decision they made to approve or deny your claim. They will also provide a rating and a specific disability benefit amount. If you are denied benefits, they will outline the evidence they reviewed and their reasoning for their decision. If you seek to appeal the VA sends an Supplemental Case Statement (SSOC).

Make a Choice

During the gathering and reviewing of evidence phase, it is important that claimants stay aware of the forms and documents they must submit. The entire process could be slowed down if a form or document is not completed correctly. It is essential that the claimants attend their scheduled exams.

After the VA evaluates all the evidence, they'll make the final decision. The decision will either be to approve 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.

If the NOD is filed the next step in the process is to have an Statement of the Case (SOC) completed. The SOC is an accounting of all the evidence considered, the actions taken, decisions made and the laws that govern those decisions.

During the SOC process it is also possible for a claimant add additional information or have certain claims re-adjudicated. This is referred to as Supplemental Claims or Higher-Level review, or Board Appeal. It can be helpful in bringing new information into the claim. These appeals permit a senior judge or veteran law judge to review the initial claim for disability and possibly make a different determination.