How to File a Veterans Disability Claim
A veterans disability (
Aragaon.Net) claim is a claim for compensation due to an injury or a disease that is related to military service. It could also be for dependent spouses or children who are dependent.
A veteran may need to submit documents to support a claim. Claimants can expedite the process by making appointments for medical examinations and submitting requested documents on time.
Identifying the Disabling Condition
The military can cause injuries and illnesses such as arthritis, musculoskeletal disorders and strains. ), respiratory conditions and hearing loss are extremely frequent among veterans. These injuries and illnesses are usually accepted for disability compensation at a greater rate than other conditions because they cause long-lasting effects.
If you were diagnosed as having an injury or illness while on active duty or in the military, the VA will require proof this was caused by your service. This includes medical documents from private hospitals and clinics relating to the illness or injury as well statements from family members and friends about your symptoms.
The severity of your condition is a key factor. Younger veterans can usually recover from bone and muscle injuries, when they put their efforts into it but as you get older the chances of recovering from these types of conditions decrease. It is essential that
veterans disability lawsuit apply for a disability claim when their condition is grave.
The people who have been rated as having a 100% permanent and total disability might be eligible to apply for Social Security Disability Insurance/Supplemental security Income (SSI/SSDI). To expedite the SSA application process, it's helpful for the Veteran to submit their VA rating notification letter from the regional office. This letter declares the rating as "permanent" and indicates that no future exams are scheduled.
Gathering Medical Evidence
If you want your VA disability benefits to be approved it will require medical evidence to prove that the condition is severe and disabling. This can include private records, a written letter from a doctor, or another health care provider who is treating your condition. It could also include pictures or videos that demonstrate your symptoms.
The VA must make reasonable efforts to collect evidence relevant to your case. This includes federal records as well as non federal records (private medical records, for example). The agency should continue to look for these records until it is reasonably certain that they don't exist. Otherwise, any further efforts will be in vain.
The VA will prepare an examination report once it has all of the required details. This is based upon the patient's history and the symptoms, and is usually submitted to an VA examiner.
This report is used to make a determination regarding the claim for disability benefits. If the VA decides that the illness is caused by service, the claimant is awarded benefits. If the VA disagrees, the claimant can contest the decision by filing a Notice of Disagreement and asking for an examiner at a higher level to review their case. This is referred to as a Supplemental State of the Case. The VA can also reconsider an earlier denied claim if they are provided with new and relevant evidence to back the claim.
Making a Claim
To prove your claim for disability, the VA will require all of your medical and service records. You can submit these by completing the eBenefits website application or in person at the local VA office or via mail using Form 21-526EZ. In some cases you may need to provide additional forms or statements.
It is also essential to find any medical records from the civil service that could support your medical condition. This process can be made easier by providing the VA with the exact address of the medical facility where you received treatment. Also, you should give the dates of your treatment.
After you have provided all required paperwork and medical proof, the VA will conduct an C&P exam. This will consist of physical examination of the affected area of your body and depending on the degree to which you are disabled and the extent of your disability, lab work or X-rays could be required. The examiner will then prepare an assessment report and then send it to the VA for review.
If the VA determines that you are eligible to receive benefits, they will send you a letter of decision that includes an introduction and a decision to accept or deny your claim, an assessment and a specific disability benefit amount. If you are denied, they will detail the evidence they looked over and why they made their decision. If you appeal, the VA will send an Supplemental Case Statement (SSOC).
Getting a Decision
During the gathering and reviewing of evidence, it is important for claimants to be on top of all forms and documents they must submit. If a document isn't filled out correctly or if the proper type of document isn't sent the entire process could be delayed. It is essential that the claimants attend their scheduled tests.
The VA will make an ultimate decision after reviewing all evidence. The decision will either be to approve or deny it. If the claim is denied, it is possible to file a Notice of Disagreement (NOD) in order to request an appeal of 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, the decisions made, and the laws that govern the decision.
During the SOC an applicant can also add additional information to their claim, or request that it be reviewed. This is referred to as Supplemental Claims or Higher-Level Review. It is also known as a Board Appeal. It can be helpful in bringing new information into an appeal. These appeals permit a senior judge or veteran law judge to look over the initial claim for disability and possibly make a different decision.