How to File a Veterans Disability Claim

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

A veteran may need to provide evidence to support the claim. Claimants can speed up the process by keeping their medical appointments and submitting required documents promptly.

Identifying a disabling condition

The military can lead to injuries and illnesses such as arthritis, musculoskeletal problems, and strains. ) and respiratory issues and hearing loss are quite common among veterans. These illnesses and injuries are approved for disability benefits at a higher rate than other conditions due to their long-lasting effects.

If you were diagnosed as having an illness or injury while on active duty, the VA will require evidence that it was caused by your service. This includes both medical clinic records and private hospital records relating to your injury or illness, as well as the statements of friends and family regarding your symptoms.

The severity of your condition is a key aspect. If you're a hard-working person young vets can recover from certain muscle and bone injuries. As you get older, however, your chances of recovering diminish. It is important that veterans file a claim for disability when their condition remains serious.

If you have been assessed as having a permanent 100% and total disability may be eligible to apply for Social Security Disability Insurance/Supplemental Security Income (SSI/SSDI). It can be helpful for the Veteran if they provide the VA rating notification letter, which was 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 proving that the medical condition is severe and incapacitating. This can include private medical records, a declaration from a doctor or another health care provider who is treating your illness, as well as evidence in the form of photos or videos that display your physical symptoms or injuries.

The VA is legally required to make reasonable efforts to acquire 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 records until it is reasonably certain that they are not there or else it would be in vain.

The VA will then create an examination report when it has all of the required information. The report is usually dependent on the claimant's symptoms and history. It is typically submitted to an VA Examiner.

This report is used to make a determination regarding the claim for disability benefits. If the VA determines that the condition is service connected the applicant will be granted benefits. Veterans can appeal an VA decision in the event that they disagree, by filing a written notice of disagreement and requesting that an inspector at a higher level look into their case. This process is referred to 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 support the claim.

Making a Claim

The VA will need all your medical documents, military and service records to prove your disability claim. You can submit these documents by filling out an eBenefits application on the VA website or in person at a VA office near you, or by mail using Form 21-526EZ. In some instances, you might need to submit additional documents or forms.

Finding civilian medical records that support your condition is also crucial. You can speed up this process by submitting complete addresses for medical care facilities where you've been treated, providing dates of your treatment, and being as specific as you can about the documents you're sending to the VA. Identifying the locations of any medical records from the military you have will allow the VA benefits division to have access to them as well.

Once you have submitted all required paperwork and medical proof, the VA will conduct an C&P examination. It will include a physical examination of the body part affected and depending on the severity of your disability it could include lab work or X-rays. The doctor will create the report, which she or she will forward to the VA.

If the VA determines that you are eligible for benefits, they'll send you a decision letter that includes an introduction, a decision to approve or deny your claim a rating, and a specific disability benefit amount. If you are denied, they'll describe the evidence they considered and the reason they came to their decision. If you contest then the VA will issue an additional Statement of the Case (SSOC).

Make a Decision

It is important that claimants are aware of all the forms and documents that are required during the gathering and reviewing of evidence phase. The entire process could be slowed down if a form or document is not completed correctly. It is crucial that applicants attend their scheduled tests.

After the VA evaluates all the evidence, they'll come to an informed decision. The decision can either approve or refuse it. If the claim is denied, you can submit a Notice of Disagreement to seek an appeal.

The next step is to prepare the Statement of Case (SOC). The SOC is an official document of the evidence of the case, the actions taken the decisions taken, and the laws that govern those decisions.

During the SOC an applicant can also add additional information to their claim, or have it re-adjudicated. This is known as a Supplemental Claims, Higher-Level Review, or Board Appeal. It is possible to add additional information to the claim. These types of appeals permit a senior reviewer or a veterans law judge to go over the initial disability claim again and even make a different decision.