How to File a Veterans Disability Claim
A veterans disability claim is a claim for compensation for an injury or illness related to military service. It could also be a request for dependency and indemnity payment (DIC) for surviving spouses and dependent children.
A veteran may have to submit evidence to support an claim. Claimants can speed up the process by attending their medical exam appointments and submitting requested documents promptly.
Recognizing a disabling condition
Injuries and diseases that result from serving in the military, like musculoskeletal disorders (sprains arthritis, sprains etc. ) and respiratory issues and loss of hearing, are very common among
veterans disability law firm. These illnesses and injuries are considered to be disability-related at a higher rate than others because they have long-lasting consequences.
If you were diagnosed with an injury or illness during your service, the VA must have proof that it was due to your active duty. This includes medical documents from private hospitals and clinics that relate to the injury or illness as well statements from relatives and friends regarding your symptoms.
A key consideration is how serious your illness is. Younger vets can usually recover from a few muscle and bone injuries if they work at it but as you get older the chances of recovering from these kinds of injuries diminish. It is imperative that veterans apply for a disability claim when their condition remains grave.
Those who receive a rating of 100 percent permanent and total disability are eligible to apply for Supplemental Security Income/Social Security Disability Insurance (SSI/SSDI). To help expedite the SSA application process, it's helpful for the veteran to provide their VA rating notification letter from the regional office. The letter confirms the rating as "permanent" and indicates that there are no future tests scheduled.
Gathering Medical Evidence
If you wish to have your VA disability benefits to be approved the benefits will require medical evidence that the condition is serious and limiting. This can include private records, a written letter from a doctor, or other health care provider, who treats your condition. It can include videos or images which show your symptoms.
The VA is required by law to make reasonable efforts to collect relevant evidence on behalf of you. This includes federal records as well as non federal records (private medical records, for example). The agency must continue to look for these records until it can be reasonably certain that they don't exist. Otherwise, further efforts will be in vain.
The VA will create an examination report when it has all the required information. The report is typically based on a claimant's symptoms and history. It is typically submitted to a VA Examiner.
This examination report is then used to determine if there is a need for a decision on the disability benefit claim. If the VA finds the condition to be service-related, the claimant may be entitled to benefits.
veterans Disability law firms can appeal a VA decision when they disagree by filing a written notice of disagreement, and requesting 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 when it receives new and relevant evidence to support the claim.
How to File a Claim
To prove your claim for disability benefits, the VA will require all your medical and service records. You can submit these documents by filling out an eBenefits application on the VA website, in person at an VA office near you, or via mail using Form 21-526EZ. In some cases, you might need to submit additional documents or forms.
It is also essential to find any civilian medical records that may support your health condition. This process can be speeded up by providing the VA with the exact address of the medical facility where you received treatment. You should also provide dates of treatment.
The VA will conduct an examination C&P after you have provided the necessary documents and medical evidence. This will involve a physical examination of the body part affected and depending on your condition, may include lab work or X-rays. The examiner will prepare an examination report, which he or she will forward to the VA.
If the VA determines you are entitled to benefits, they'll send an official decision letter which includes an introduction and their decision to either approve or deny your claim and an assessment and specific disability benefit amount. If you are denied benefits, they will outline the evidence they considered and their reasoning for their decision. If you decide to appeal the appeal, the VA will issue an Supplemental Statement of the Case (SSOC).
Getting a Decision
During the gathering and reviewing of evidence it is essential for claimants to stay aware of the forms and documents they are required to submit. If a document isn't completed correctly or the proper type of document isn't provided the entire process may be delayed. It is important that 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 rejected, you can make a notice of Disagreement to request 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 official document of the evidence as well as the actions taken, the decisions taken, and the laws that govern the decisions.
During the SOC process it is also possible for a claimant to provide additional information or to have certain claims reviewed. This is referred to as Supplemental Claims, Higher-Level Review, or Board Appeal. It is a good idea to add more information to an appeal. These types of appeals permit senior reviewers or a veterans law judge to go over the initial disability claim again and possibly make a different decision.