How to File a Veterans Disability Claim

A claim for disability benefits for veterans disability lawyers is a claim for compensation for an injury or illness related to military service. It can also be a claim for dependency and indemnity payment (DIC) for spouses who have died and dependent children.

A veteran may have to provide documents to support a claim. Claimants can speed up the process by attending their appointments for medical examinations and submitting the required documents on time.

Identifying a Disabling Condition

Injuries and illnesses that result from serving in the military, including muscular skeletal disorders (sprains arthritis, sprains etc. ) respiratory disorders, and loss of hearing are extremely common among veterans. These ailments and injuries are usually accepted for disability compensation at a higher rate than other conditions because they cause long-lasting effects.

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

The severity of your condition is a significant aspect. The younger vets are able to recover from a few bone and muscle injuries, if they work at it however as you grow older the chances of recovering from these kinds of ailments diminish. It is imperative that veterans disability law firm apply for a disability claim when their condition remains grave.

Anyone who is awarded an assessment of 100% permanent and total disability are able to apply for Supplemental Security Social Security Disability Insurance (SSI/SSDI). To 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 indicates that no further tests are scheduled.

Gathering Medical Evidence

If you want your VA disability benefits approved it will require medical evidence that the condition is serious and limiting. This could be private records, a letter from a doctor, or another health professional who treats your illness. It could also include pictures or videos showing your symptoms.

The VA must make reasonable efforts in order to gather evidence relevant to your case. This includes federal records as well as non federal records (private medical records, for firms example). The agency must continue to search for these records until it is fairly certain that they don't exist. Otherwise, further efforts will be futile.

Once the VA has all the required information, it will prepare an examination report. This is based on the patient's history and the symptoms, and is typically submitted to an VA examiner.

This report is used to make a determination on the claimant's eligibility for disability benefits. If the VA determines that the disabling condition is a result of service, the claimant will receive benefits. Veterans can appeal the VA decision in the event of disagreement by filing a notice of disagreement and asking an additional level of examiner look at their case. This is known as 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 relevant evidence to back the claim.

How to File a Claim

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

Tracking down civilian medical records that support your condition is also important. This process can be speeded up by providing the VA with the exact address of the medical care facility where you received treatment. You should also give the dates of your treatment.

After you have provided all required documentation and medical proof, the VA will conduct an C&P examination. This will involve an examination of the affected body part and, depending on your disability it may include lab tests or X-rays. The examiner will draft a report, which he or she will send to the VA.

If the VA determines that you're eligible for benefits, they'll send you a decision letter that includes an introduction as well as a decision on whether to approve or reject your claim, firms a rating and a specific disability benefit amount. If you are denied benefits, they will discuss the evidence they reviewed and the reasons behind their decision. If you seek to appeal the VA will send an Supplemental Case Statement (SSOC).

Making a decision

During the gathering and review of evidence It is vital that claimants stay on top 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 also crucial that claimants make appointments for exams and attend the exams as scheduled.

After the VA examines all the evidence, they'll come to a decision. The decision is either to approve or deny the claim. If the claim is rejected, you can submit a Notice of Disagreement to seek 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 account of all the evidence considered, actions taken, the decisions made, and the laws that govern the decisions.

During the SOC process it is also possible for a claimant add additional information or have certain claims reviewed. This is referred to as Supplemental Claims or Higher-Level review, or Board Appeal. It is a good idea to add additional information to the claim. These types of appeals allow an experienced reviewer or veteran law judge to look over the initial disability claim and even make a different decision.