How to File a Veterans Disability Claim

A claim for veterans disability is a claim for compensation for an injury or illness related to military service. It could also apply to dependent spouses or children who are dependent.

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

Identifying the presence of a disability

Injuries and illnesses that can result from serving in the military, such as muscles and joints (sprains and arthritis etc. Veterans are at risk of respiratory problems, loss of hearing and other ailments. These injuries and illnesses are deemed to be eligible for disability benefits more often than other ailments due to the lasting effects.

If you were diagnosed as having an illness or injury while on active duty and the VA will require proof that this was the result of your service. This includes medical records from private hospitals as well as clinics that relate to the injury or illness as well statements from relatives and friends regarding your symptoms.

One of the most important aspects to consider is how severe your situation is. Younger veterans disability law firms can usually recover from bone and muscle injuries, if they work at it, but as you get older the chances of recovering from these kinds of injuries decrease. This is why it is important for a veteran to file a disability claim early, when their condition isn't too severe.

Those who have been rated as having a permanent 100% and total disability could be eligible to apply for Social Security Disability Insurance/Supplemental Social Security Income (SSI/SSDI). To help expedite the SSA application process, it is helpful for the Veteran to provide their VA rating notification letter from the regional office. This letter confirms the rating as "permanent" and also states that there are no future tests scheduled.

Gathering Medical Evidence

If you want your VA disability benefits to be approved, it will need medical evidence to prove that the medical condition is severe and incapacitating. This could include private medical records, a declaration from a doctor or other health care provider treating your illness, as well as evidence by way of photographs and videos that show the signs or injuries you have suffered.

The VA must make reasonable efforts to gather evidence that is relevant to your particular case. This includes federal records and non-federal records (private medical records, for example). The agency has to continue to search for these records until it can be reasonably certain that they do not exist. Otherwise, further efforts will be futile.

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

The examination report is used to make a determination on the disability benefit claim. If the VA determines that the disabling condition is related to service, the claimant will receive benefits. The veteran can appeal the VA decision if they disagree by submitting a notice of disagreement and asking that an examiner at a higher level review their case. This is referred to as a Supplemental Statement of the Case. The VA can also reconsider an earlier denied claim if it receives new and relevant evidence to back the claim.

How to File a Claim

The VA will require all of your medical records, service and military to prove your disability claim. You can provide them by filling out the eBenefits application on the website in person at a local VA office, or by mail using Form 21-526EZ. In certain cases you may need to provide additional documents or statements.

Finding medical records from civilians that support your condition is equally important. You can make this process faster by submitting complete addresses of medical care facilities where you've been treated, providing dates of treatment, and being as precise as you can regarding the documents you're sending to the VA. Locating the location of any medical records from the military you have will enable the VA benefits division to access them as well.

Once you have submitted all required paperwork and medical documentation after which the VA will conduct an C&P exam. This will include a physical exam of the affected area of your body. Moreover, depending on how you're disabled testing with a lab or X-rays could be required. The doctor will create the report, which she or firms she will then send to the VA.

If the VA determines you are eligible for benefits, they'll send a decision letter with an introduction the decision they made to approve or deny your claim, as well as an assessment and specific disability benefit amount. If you are denied benefits, they will provide the evidence they analyzed and the reasons for their decision. If you file an appeal, the VA will send an Supplemental Case Statement (SSOC).

Making a decision

During the gathering and review of evidence phase It is vital that claimants stay aware of all forms and documents they are required to submit. The entire process can be reduced if a form or document is not properly completed. It is also important that claimants make appointments for their exams and keep them on time.

After the VA reviews all the evidence, they'll make an informed decision. The decision can either approve or deny the claim. If the claim is denied, it's possible to file a Notice of Disagreement (NOD) asking for an appeal of the decision.

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

During the SOC process, it is also possible for a claimant provide additional information or to have certain claims re-adjudicated. This is referred to as Supplemental Claims or Higher-Level review, or Board Appeal. It is possible to add more information to the claim. These types of appeals allow a senior reviewer or a veteran law judge to look over the initial disability claim again and possibly make a different decision.