How to File a Veterans Disability Claim

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

Veterans could be required to submit proof to support their claim. Claimants can speed up the process by keeping their appointments for medical exams and submitting the required documents on time.

Identifying a condition that is disabling

The military can lead to injuries and diseases such as arthritis, musculoskeletal disorders and injuries. ), respiratory conditions and hearing loss are common among veterans. These injuries and illnesses are considered to be disability-related more often than other ailments due to the long-lasting effects.

If you've been diagnosed with an injury or illness during your service, the VA must be able to prove it was due to your active duty service. This includes medical clinic records and private hospital records regarding your injury or illness, as well as statements from family members and friends about your symptoms.

One of the most important aspects to consider is how severe your situation is. Younger vets can usually recover from some bone and muscle injuries, as long as they work at it, but as you get older, the chances of recovery from these kinds of ailments decrease. It is crucial that veterans disability law firm file a claim for disability while their condition is still serious.

People who are awarded an assessment of 100 percent permanent and total disability are able to apply for Supplemental Security Social Security Disability Insurance (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. It confirms the rating as "permanent" and indicates that no further tests are scheduled.

Gathering Medical Evidence

If you want the VA to accept your disability benefits, it needs medical evidence that a disabling condition is present and is severe. This could be private medical records, a statement by a doctor or health care provider who is treating your illness, as well as evidence by way of photographs and videos that show your symptoms or injuries.

The VA must make reasonable efforts to gather evidence relevant to your particular case. This includes federal records and non-federal records (private medical records, for example). The agency should continue to look for these kinds of records until it is reasonably certain that they don't exist, or else the efforts will be in vain.

The VA will prepare an examination report once it has all of the required information. This is based upon the claimant's history and symptoms and is usually submitted to a VA examiner.

This report is used to make a decision on the claim for disability benefits. If the VA finds the condition to be service-related, the claimant may be qualified for benefits. The veteran may appeal a VA decision if they disagree by filing a written notice of disagreement, and requesting an additional level of examiner look at their case. This process is called a Supplemental Statement of the Case. The VA can also reconsider an earlier denied claim if they receive new and relevant evidence to support the claim.

How to File a Claim

The VA will need all your medical records, service and military to support your claim for disability. You can provide them by completing the eBenefits application on the website or in person at a local VA office, or by mail using Form 21-526EZ. In certain cases you'll need to fill out additional forms or statements.

It is also necessary to locate any medical records from a civilian source that can support your health condition. 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 records you are sending the VA. Locating the location of any military medical records you have will enable the VA benefits division to access those as well.

After you have provided all the necessary paperwork and medical proof after which the VA will conduct a C&P examination. It will include physical examination of the affected area of your body and depending on how you're disabled testing with a lab or X rays may be required. The examiner will draft an assessment report, which he or she will then send to the VA.

If the VA decides that you are entitled to benefits, they will send an official decision letter which includes an introduction and their decision to accept or deny your claim, as well as a rating and 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 seek to appeal the VA will send an Supplemental Case Statement (SSOC).

Making a decision

It is vital that the claimants are aware of the forms and documents that are required during the gathering and review of evidence. If a form is not completed correctly or the proper type of document isn't provided the entire process may be delayed. It is imperative that claimants attend their scheduled examinations.

After the VA evaluates all the evidence, they'll come to an informed decision. This decision will either approve or deny it. If the claim is denied You can file a Notice of Disagreement to request an appeal.

If the NOD is filed the next step of the process is having an Statement of the Case (SOC) completed. The SOC is an official document of the evidence as well as the actions taken, the decisions made, and the laws that govern those decisions.

During the SOC, a claimant can also include additional details to their claim or request that it be reviewed. This is known as a Supplemental Claim or Higher-Level Review. Board Appeal. By adding new information to an existing claim may make the process easier. These types of appeals allow a senior reviewer or a veteran law judge to look over the initial disability claim and, if necessary, make a new decision.