How to File a Veterans Disability Claim

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

veterans disability attorneys could be required to submit proof to support their claim. The claimant can speed up the process by keeping medical exam appointments and sending the required documents promptly.

Identifying a disabling condition

Injuries and illnesses that result from serving in the military, such as muscle and joint disorders (sprains, arthritis and so on. Veterans are at risk of respiratory problems as well as hearing loss and other ailments. These ailments and injuries are eligible for disability benefits at a higher percentage than other types due to their lasting effects.

If you were diagnosed with an illness or injury during your service, the VA must prove that it was due to your active duty service. This includes medical records from private hospitals and clinics related to your injuries or illnesses as well statements from friends and family about the symptoms you experience.

A crucial factor to consider is how serious your illness is. If you're active younger vets may recover from certain bone and muscle injuries. As you age however, your odds of recovery diminish. It is important that veterans disability law firm submit a claim for disability while their condition is still serious.

People who have been classified as having a permanent 100% and total disability might be eligible to apply for Social Security Disability Insurance/Supplemental Security income (SSI/SSDI). It will be beneficial to the Veteran to provide the VA rating notification letter 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 to be approved, it will need medical evidence that proves the condition is severe and disabling. This could be private records, a written letter from a physician, or another health care provider who is treating your condition. It can include videos or images that show your symptoms.

The VA is legally required to make reasonable efforts to collect relevant evidence on behalf of you. This includes federal records and non-federal records (private medical records, for instance). The agency is required to search for these types of records until it is certain they don't exist or any further efforts would be ineffective.

After the VA has all of the required information, it will prepare an examination report. This report is typically determined by the claimant's symptoms and history. It is usually submitted to an VA Examiner.

This report is used to make a final decision on the claimant's disability benefits. If the VA finds the condition to be service-related, the claimant may be eligible for benefits. If the VA does not agree, the veteran may contest the decision by filing an Notice of Disagreement and asking an examination by a higher-level official to review their case. This is known as a Supplemental State of the Case. The VA can also decide to reopen the claim that was denied previously in the event that it receives fresh and relevant evidence to back the claim.

How to File a Claim

To support your claim for disability, the VA will need all of your medical and service records. You can submit these by completing the eBenefits online application in person at a local VA office, or by mail using Form 21-526EZ. In some cases, you might require additional documents or forms.

The search for medical records of civilians which support your medical condition is also important. You can make this process faster by providing complete addresses to medical care centers where you've received treatment, submitting dates of treatment and being precise as you can about the records you're submitting to the VA. The location of any military medical records you have will enable the VA benefits division to access them as well.

The VA will conduct an exam C&P after you have provided the necessary documents and medical evidence. It will include a physical examination of the body part affected and depending on the severity of your disability it may include lab tests or X-rays. The examiner will then prepare a report and send it to the VA for review.

If the VA determines that you're eligible for benefits, they'll send you a letter of decision which includes an introduction, a decision to approve or deny your claim, an assessment, and the specific amount of disability benefit. If you are denied, they'll explain what evidence they reviewed and the reason they came to their decision. If you file an appeal then the VA will send an Supplemental Statement of the Case (SSOC).

Making a Decision

During the gathering and reviewing of evidence phase it is essential for the claimant to be aware of the forms and documents they are required to submit. If a form hasn't been completed correctly or the correct kind of document isn't submitted the entire process could be delayed. It is also essential that claimants make appointments for examinations and be present at the time they are scheduled.

The VA will make the final decision after examining all evidence. This decision will either approve or reject it. If the claim is rejected, you can submit a Notice of Disagreement to request an appeal.

If the NOD is filed the next step of the process is having a Statement of the Case (SOC) completed. The SOC is an official record of the evidence and the actions taken, the decisions made, as well as the laws that govern these decisions.

During the SOC, a claimant may also include additional information to their claim or request that it be re-judged. This is referred to as a Supplemental Claim, Higher-Level Review or Board Appeal. Making changes to an existing claim can help expedite the process. These types of appeals permit senior reviewers or a veterans disability law firms law judge to go over the initial disability claim again and potentially make a different decision.