How to File a
Veterans Disability Claim
A veterans disability claim is a claim for compensation for an injury or illness that is connected to military service. It could also be a request for dependency and indemnity payments (DIC) for spouses who survive and dependent children.
A veteran may need to provide documents to support an application. Claimants can speed up the process by keeping their appointments for medical exams and submitting required documents promptly.
Identifying a condition that is disabling
The military can lead to injuries and diseases such as arthritis, musculoskeletal disorders and strains.
Veterans disability law Firms are prone to respiratory issues, loss of hearing and other ailments. These injuries and illnesses are eligible for disability benefits more often than other ailments due to the lasting effects.
If you've been diagnosed with an injury or illness during your time of service, the VA must have proof that it was due to your active duty service. This includes medical clinic records and private hospital records relating to your illness or injury and also the statements of family members and friends about your symptoms.
One of the most important aspects to consider is how severe your condition is. Veterans who are younger can generally recover from some bone and muscle injuries, as long as they work at it however as you grow older, the likelihood of recovery from these kinds of ailments diminish. This is why it's vital for veterans to file a claim for disability at an early stage, even if their condition isn't too severe.
People who have been classified as having a permanent 100% and total disability may be eligible to apply for Social Security Disability Insurance/Supplemental Security Income (SSI/SSDI). It is helpful to the Veteran to present 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 the VA to approve your disability benefits, you must provide medical evidence that proves that a disabling condition exists and is severe. This can be evidenced by private records, a written letter from a doctor or another health professional who treats your condition. It can also include images or videos which show your symptoms.
The VA is legally required to make reasonable efforts to acquire relevant evidence on your behalf. This includes federal records as well as non-federal records (private medical records, for instance). The agency should continue to seek these kinds of records until it's certain that they do not exist or any further efforts would be futile.
After the VA has all of the required information it will then prepare an examination report. This is based on the claimant's history and symptoms and is typically submitted to a VA examiner.
The report of the examination is used to decide on the disability claim. If the VA determines that the disabling condition is service connected, the claimant will receive benefits. If the VA does not agree, the veteran can contest the decision by filing a Notice of Disagreement and requesting an examiner at a higher level to review their case. This process is referred to as a Supplemental Statement of the Case. The VA may also reopen a previously denied claim when it receives new and relevant evidence that supports the claim.
How to File a Claim
The VA will need all your medical documents, military and service records to prove your disability claim. You can provide these by filling out the eBenefits application on the website in person at a local VA office or via mail using Form 21-526EZ. In some cases, you might require additional documents or forms.
Finding medical records from civilians that can support your health condition is also essential. You can make this process faster by submitting complete addresses of medical care centers where you've been treated, providing dates of treatment and being precise as you can regarding the documents you're sending to the VA. Identifying the locations of any military medical records you have will enable the VA benefits division to access those as well.
After you have provided all required paperwork and medical evidence after which the VA will conduct an C&P examination. This will include physical examination of the affected area of your body. Moreover depending on the extent to which you're disabled the lab work or X-rays may be required. The doctor will then write an assessment report and then send it to the VA for review.
If the VA decides that you are eligible for benefits, they will send a decision letter with an introduction, their decision to approve or deny your claim, as well as a rating and specific disability benefit amount. If you are denied, they will explain what evidence they reviewed and why they made their decision. If you appeal, the VA will issue an additional statement of the Case (SSOC).
Making a Choice
During the gathering and review of evidence It is vital that claimants stay on top of all forms and documents that they have to submit. If a form isn't completed correctly or the correct kind of document isn't sent the entire process may be delayed. It is also crucial that applicants keep appointments for examinations and keep them on time.
After the VA examines all evidence, they'll take the final decision. The decision will either be to approve the claim or deny it. If the claim is denied, it's possible to file a Notice of Disagreement (NOD) in order to request an appeal of the decision.
The next step is to write the Statement of Case (SOC). The SOC is an account of all the evidence considered, the actions taken, the decisions made, and the laws governing those decisions.
During the SOC process, it is also possible for a claimant to add new information or get certain claims re-judged. This is referred to as Supplemental Claims, Higher-Level Review, or Board Appeal. By adding new information to an existing claim could help expedite the process. These appeals permit an experienced or senior law judge to review the initial claim for disability and make a new determination.