How to File a
Veterans Disability Claim
Veterans should seek assistance of an accredited Veteran Service Officer (VSO). VSOs can be found in every county, as well as many federally recognized tribes.
The Supreme Court on Monday declined to consider a case that could have opened the way for
veterans disability Lawsuit to receive disabled compensation that is retroactive. The case involves the case of a Navy veteran who served on an aircraft carrier that hit another ship.
Symptoms
In order to receive disability compensation, veterans must be suffering from an illness or condition that was caused or made worse during their service. This is called "service connection". There are many ways for veterans to demonstrate service connection, including direct, presumptive secondary, and indirect.
Certain medical conditions may be so that a veteran is unable to work and may require special care. This can lead to permanent disability and TDIU benefits. In general, a veteran must to have a single disability assessed at 60% to be eligible for TDIU.
The most common claims for VA disability benefits are related to musculoskeletal injury and disorders such as knee and back issues. In order for these conditions to qualify for the disability rating there must be ongoing or recurring symptoms and clear medical evidence linking the initial problem to your military service.
Many veterans claim that they have a connection to service as a secondary cause for illnesses and conditions that are not directly linked to an in-service event. PTSD and sexual trauma in the military are two examples of secondary conditions. A lawyer for disabled veterans can help you review the documentation with the VA guidelines and gather the required documentation.
COVID-19 is associated with a number of recurrent conditions that are listed as "Long COVID." These include joint pains, to blood clots.
Documentation
The VA requires medical evidence when you apply for veterans' disability benefits. The evidence consists of medical records from your VA doctor and other medical professionals as well as X-rays and diagnostic tests. It must be able to prove that your medical condition is connected to your military service and that it prevents your from working or performing other activities you previously enjoyed.
You may also use a statement from a family member or friend to prove your symptoms and the impact they have on your daily life. The statements should be written by individuals who are not medical professionals and they should include their personal observations of your symptoms and how they affect your life.
All evidence you supply is kept in your claim file. It is crucial to keep all documents together and don't miss deadlines. The VSR will scrutinize all of the information and decide on your case. You will receive the decision in writing.
This free VA claim checklist will give you an idea of the documents to prepare and how to organize them. This will help you to keep the track of all documents you have sent and the dates they were received by the VA. This can be especially helpful when you need to appeal after the denial.
C&P Exam
The C&P Exam plays a vital part in your disability claim. It determines how serious your condition is and what kind of rating you get. It also forms the basis for many other evidence you have in your case, such as your DBQ (Disability Benefits Questionnaire) and any medical records you provide to VA.
The examiner may be a medical professional employed by the VA or an independent contractor. They must be familiar with the specific conditions under which they will be conducting the examination, therefore it's critical that you have your DBQ as well as all of your other medical records to them prior to the exam.
It is also essential to be honest about the symptoms and attend the appointment. This is the only way they can accurately record and understand your experience with the disease or injury. If you cannot attend your scheduled C&P examination, contact the VA medical center or regional office as soon as you can and let them know that you have to make a change to the date. If you're not able to take part in your scheduled C&P exam call the VA medical center or regional office as soon as you can and inform them that you have to change your schedule.
Hearings
You are able to appeal any decision made by a regional VA Office to the Board of Veterans Appeals if you disagree with. When you file a Notification Of Disagreement, an hearing can be scheduled on your claim. The kind of BVA will be determined by the situation you're in as well as what went wrong with the original decision.
The judge will ask you questions at the hearing to better know the facts of your case. Your attorney will assist you in answering these questions to ensure they are most helpful to you. You can also add evidence to your claim file at this point should you require.
The judge will then decide the case on advice, which means that they'll review the information in your claim file, what was said during the hearing, as well as any additional evidence that is submitted within 90 days after the hearing. They will then issue an ultimate decision on appeal.
If the judge determines that you are unable to work due to your service-connected medical condition, they can give you total disability based upon individual unemployability. If this is not granted the judge may offer you a different level of benefits, like schedular TDIU or extraschedular TDIU. It is crucial to show how your medical conditions impact your ability to participate in the hearing.