How to File a Veterans Disability Claim

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

A veteran may have to provide evidence to support the claim. The claimant can speed the process by scheduling appointments for medical examinations and submitting documents requested promptly.

Identifying a Disabling Condition

The military can cause injuries and illnesses, such as arthritis, musculoskeletal problems, and injuries. ), respiratory conditions and hearing loss, are very frequent among veterans. These injuries and illnesses are considered to be disability-related at a higher percentage than other conditions due to their long-lasting consequences.

If you've been diagnosed with an injury or illness during your time of service, the VA must prove that it was the result of your active duty service. This includes both medical clinic and private hospital records relating to your illness or injury, as well as statements from family and friends regarding your symptoms.

The most important thing to consider is how severe your situation is. Veterans who are younger can generally recover from a few muscle and bone injuries when they put their efforts into it however as you grow older, the chances of recovery from these kinds of injuries diminish. It is crucial that veterans disability law firm submit a claim for disability when their condition remains serious.

Anyone who is awarded a rating of 100% permanent and total disability are able to apply for Supplemental Security Social Security Disability Insurance (SSI/SSDI). It can be helpful to the Veteran to provide 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 exams are scheduled.

Gathering Medical Evidence

If you wish to have your VA disability benefits to be approved the benefits will require medical evidence that the condition is serious and limiting. This could be private documents, a note from a doctor or another health care provider who treats your illness. It can also include images or videos that demonstrate your symptoms.

The VA must make reasonable efforts in order to gather evidence relevant to your case. This includes federal records and non-federal records (private medical records, for instance). The agency should continue to seek these kinds of records until it is reasonably certain that they don't exist, or else the efforts will be futile.

Once the VA has all of the necessary information the VA will prepare an examination report. This is based upon the claimant's medical history and symptoms and is often submitted to an VA examiner.

This examination report is then used to make a determination on the disability claim. If the VA determines that the disabling condition is service connected the claimant is awarded benefits. If the VA disagrees, the veteran may appeal the decision by filing a Notice of Disagreement and asking for an additional examiner to look into their case. This is referred to as a Supplemental Statement of the Case. The VA may also reopen the claim that was denied previously if it receives new and relevant evidence to back the claim.

How to File a Claim

The VA will need all your medical, service and military records to support your disability claim. You can submit these by filling out the eBenefits website application or in person at the local VA office, or by post using Form 21-526EZ. In certain cases, you must submit additional documents or statements.

It is also essential to search for any civilian medical records that may support your condition. You can speed up this process by providing complete addresses for medical centers where you've received treatment, submitting dates of treatment, and being as precise as you can about the documents you're sending to the VA. Finding the location of any medical records from the military you have will enable the VA benefits division to have access to them as well.

The VA will conduct an examination C&P after you have submitted the necessary documentation and medical evidence. It will include a physical examination of the affected body part and dependent on your disability it could include lab work or X-rays. The examiner will prepare a report, which he or she will then send to the VA.

If the VA determines you are entitled to benefits, they will issue an approval letter that contains an introduction, their decision to approve or deny your claim, as well as a rating and specific disability benefit amount. If you are denied benefits, they will outline the evidence they looked over and the reasoning behind their decision. If you seek to appeal the VA sends a Supplemental Case Statement (SSOC).

Making a Decision

It is essential that claimants are aware of all the forms and documentation required during the gathering and review of evidence phase. If a form is not filled out correctly or if the proper type of document isn't presented the entire process could be delayed. It is also crucial that applicants keep appointments for their exams and attend the exams as scheduled.

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

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

During the SOC process it is also possible for a claimant add new information or have certain claims re-adjudicated. This is referred to as a Supplemental Claim, Higher-Level Review or Board Appeal. Adding new information to an existing claim may help expedite the process. These appeals allow a senior judge or veteran law judge to examine the initial claim for disability again and perhaps make a different decision.